- Perfected -
SB 772 - This act authorizes the Division of Design and Construction to enter into "design-build" contracts for the development of state buildings as pilot projects. The Division may use the design-build process form up to four projects with a projected cost of $5 million or less and four projects with a cost of more than $5 million. The authority to enter into design-build projects terminates on December 31, 2004. The Director must submit annual progress reports to the General Assembly.
The Director of the Division of Design and Construction may determine that a design-build procurement process is necessary for any particular project based upon criteria set out in the act. The Division may hire a consultant to prepare proposals, review documents, decide disputes and make inspections. Design-build proposals are evaluated by a team composed of two representatives of the Division, two representatives of the agency that is to use the finished building and a chairman appointed by the Director of the Division.
Design-build proposals must be advertised and the act specifies the requirements that a request for proposal must meet.
Proposals may be solicited in three phases: Phase I involves soliciting of qualifications so that design-builders may be pre-qualified. The top five qualifiers will be asked to participate in phase II, in which they submit their design for the project. In phase III, the design-build contractors shall submit cost proposals. The phases shall be weighted. Phase II and phase III shall each account for no more than 50% of the total point score. In evaluating the cost proposals, the low bidder will be awarded the total number of points assigned to be awarded in phase III. For other bidders, cost points will be calculated by reducing the maximum points available in phase III by 2% or more for each percentage point of the low bid by which the bidder exceeds the low bid.
This act also clarifies that a contractor or material supplier is not obligated to pay sales tax on materials used in the construction, repairing or remodeling of any state department or state agency facility.
The Division shall pay a stipend to qualified proposers who submit responsive bids that are not accepted and the state shall have the right to use the design so submitted.
The act allows persons or corporations (architects, engineers and land surveyors) who are not licensed or do not hold a certificate under Chapter 327, RSMo, to enter into agreements to design and build projects for public or private entities without being licensed in Missouri. The person or corporation cannot hold itself out as being able to perform those services and the actual work must be performed by persons licensed or by corporations holding a certificate to provide architectural, engineering or land survey services.
The authority to enter into the design-build pilot projects terminates December 31, 2004.
This act is similar to SB 179 (1999).
STEPHEN WITTE