§ 29:42 — Design-build contracts; hurricane-impacted areas

§42. Design-build contracts; hurricane-impacted areas
A. Notwithstanding any law to the contrary, the adjutant general and the Military
Department, with the approval of the commissioner of administration, may utilize the design-build method on any infrastructure construction project in an area where a gubernatorial
declared state of emergency exists due to Hurricane Katrina or Rita declared pursuant to the
provisions of R.S. 29:721 et seq., including those areas where infrastructure is adversely
impacted by permanent personnel or unit relocation.
B. Every design-builder shall be duly licensed and registered to do business in the
state of Louisiana, if required by law, as either an architect, an engineer, or a general
contractor. Each design-builder shall have the following rights and powers:
(1) The design-builder may sublet responsibility for professional design services to
an individual, firm, or corporation duly licensed and registered in the state of Louisiana to
provide professional design services.
(2) The design-builder may sublet responsibility for construction or other services
requiring a contractor's or trade subcontractor's license to persons or entities duly registered,
licensed, or otherwise qualified to provide those services as required by law.
(3) The design-builder may contract with the Military Department, state of
Louisiana, as part of a design-build contract to provide professional services or construction
services that the design-builder is not itself licensed, registered, or otherwise qualified in
accordance with this Section.
C.(1) A notice of intent to select a design-builder for design-build services and to
request letters of interest and statements of qualifications from qualified firms or teams shall
be distributed by the department through advertisement in the Daily Journal of Commerce,
the Baton Rouge Advocate, the New Orleans Times Picayune, the Shreveport Times, the
Monroe News Star, the Lake Charles American Press, the St Bernard Voice, any additional
newspaper in the state of Louisiana with a circulation of more than fifty thousand, by
appearance on the Military Department's Internet home page, and by other means to ensure
adequate response, including newspapers, trade journals, and other forms of media which
may be appropriate for specialty services. All notices of intent shall be advertised a
minimum of thirty days prior to the deadline for receipt of responses and shall contain a brief
description of the project, the required scope of services, and sufficient information for
design-build entities to determine their interest and to enable them to submit a letter of
interest and statement of qualifications. The department may readvertise the notice of intent
using additional media or publications in an attempt to solicit additional responses if the
number of responses received by the department is inadequate.
(2)(a) The department may use a private design professional to develop the
description of the project and the required scope of services; however, if the department uses
a private design professional, the private design professional shall be selected in accordance
with the rules and regulations of the Office of Contractual Review and R.S. 39:1481 et seq.
(b) The description of the project and the required scope of services shall include
design criteria, analyses, reports, and cost estimates for the design-build project as prepared
by a private design professional or the department.
(c) The design-build entity shall include a registered design professional who shall
be independent from the department's private design professional and shall be named in the
design-build entity's proposal.
D. The department shall identify all required information in the notice of intent and
in the standard response forms provided by the department. The notice of intent shall include
statements of qualification by credentials and experience of design component members for
the areas of expertise specific to the project and statements of qualification by experience and
resources of the constructions team component. The completed response form and any other
required information shall be transmitted to the department by the responding entity prior to
the deadline to submit such forms and information as provided in the notice of intent. Any
response failing to meet all of the requirements contained in the notice of intent shall not be
considered by the department. False or misrepresented information furnished in response to
a notice of intent shall be grounds for rejection by the department.
E.(1) A primary design-build evaluation committee shall evaluate the responses to
the notice of intent received by the department. The following general criteria used by the
primary evaluation committee in evaluating responses to the notice of intent for design-build
services shall apply to both the design and construction components of any responding entity:
(a) Experience of both the design and construction entity components and of key
personnel as related to the project under construction.
(b) Past performance of department projects.
(c) Any project-specific criteria as may apply to project needs.
(2) The primary evaluation committee shall evaluate the letters of interest from
responding entities on the basis of the criteria set forth in this Subsection and shall select a
short list of not fewer than three and no more than five of the highest rated entities.
However, if fewer than three letters of interest from responding entities are received by the
Military Department, the division of administration shall have discretion to approve
proceeding with the design-build process. The primary evaluation committee may, at its
discretion, be assisted by other department personnel in its evaluation of an entity's
qualifications. The primary design-build evaluation committee shall present its short list to
the construction facilities management officer for recommendation to the adjutant general.
The short-listed entities shall be invited by the adjutant general to submit a detailed technical
and cost proposal for the design-build project. The invitation from the adjutant general to
the short-listed entities shall specify a deadline for submission of such proposals.
F.(1) Depending upon the complexity of the project and the degree of flexibility in
the approach to design and construction methods, the specific requirements of the technical
proposal shall be identified by the department to the entities making the short list by means
of a "scope of services package". Generally, the technical proposal shall include discussions
of design strategy and preliminary design concepts, construction sequencing, techniques,
materials, and methods, the schedule for commencement and completion of all phases of
work, and a lump sum cost for all services in fulfillment of the requirements and within the
constraints of the "scope of services package".
(2) For more complex projects and projects with scopes which permit flexibility and
innovation in the design and construction approach, the department shall compensate all
short-listed entities for the expense of preparing the technical proposal. The amount of
compensation paid for the technical proposal shall be predetermined by the department and
shall be revealed to the entity at the time the entity is notified of its selection to the short list.
The department may use concepts submitted by any paid short-listed entity to design and
construct the project.
G. The construction and facilities management officer (CFMO), with the
concurrence of the adjutant general, shall establish a technical review committee for
evaluation of design-build proposals. The technical review committee shall include
representatives from the construction, building design, and planning sections of the
department. The CFMO, with the concurrence of the adjutant general, shall assign a project
manager, who shall become chairman of the technical review committee for the project. The
technical review committee, including the project manager, shall identify specific technical
elements of the project, depending upon the characteristics of the project, to be included in
the technical score. Additionally, the CFMO, with the concurrence of the adjutant general,
may select additional department engineering and technical experts, and nationally
recognized design-build experts to serve as committee members to score each technical
element of the project. Members of the technical review committee shall not have served as
members of the primary evaluation committee. Each member of the technical review
committee shall make his scoring of assigned elements available for public review. Such
scores shall be considered public record.
H.(1) An adjusted score approach shall be used by the department in determining the
winning proposal. An adjusted score shall be determined using the following three
components:
(a)(i) The technical score determined by the technical review committee. Weighing
factors may be assigned to each element depending on its relative magnitude or significance
to the overall project. Each technical review committee member shall rate his assigned
element of the proposal from each of the entities on the short list and shall submit such
scores to the chairman of the technical review committee. The schedule and price bid shall
not be made known to the technical review committee during the scoring process. The
chairman of the technical review committee shall adjust the scores for any applicable
weighing factors and shall determine the total technical score for each proposal.
(ii) Prior to determining the adjusted score, the chairman of the technical review
committee shall notify each design-build proposer, in writing, of each proposer's final
technical score. A proposer may request, in writing, no later than ten business days from the
date of the chairman's notice, a review of its final technical score by the CFMO or his
designated representative. If any proposer requests a review of its total technical score, the
CFMO shall hold a hearing to review such within a reasonable time after the request has
been received by the CFMO. The CFMO shall give the requesting proposer reasonable
notice of the time and place of such hearing. The requesting proposer may appear at the
hearing and present facts and arguments in support of the request for review of its final total
technical score.
(iii) The CFMO shall present his findings from the hearing to the adjutant general.
The adjutant general shall determine what action shall be taken regarding the proposer's
request to review its final technical score. Except as provided for in R.S. 48:250.2(D), the
adjutant general's decision shall be final and not subject to appeal by any legal process.
(b) The time value, consisting of the product of the proposed contract time expressed
in calendar days multiplied by the value-per-calendar-day expressed in dollars established
by the department and included in the "scope of services package".
(c) The price proposal.
(2) The winning proposal shall be the proposal with the lowest adjusted score. The
adjusted score for each entity's design-build proposal shall be determined by the following
formula: adjusted score = (price bid + time value) divided by the technical score. If the time
value is not used, the adjusted score shall be determined by the following formula: adjusted
score = price bid divided by technical score.
I. Upon request by the adjutant general, the commissioner of administration is
authorized to waive or suspend the provisions of R.S. 38:2181 et seq., R.S. 39:1481 et seq.,
and R.S. 39:1551 et seq. When procurements are made which would otherwise be subject
to the provisions of R.S. 38:2181 et seq., R.S. 39:1481 et seq., or R.S. 39:1551 et seq.,
procedures and requirements set forth in R.S. 38:2212(D)(2) shall be complied with.
Additionally, the Military Department shall at a minimum:
(1) Establish a centralized point of contact that monitors all transactions conducted
without strict statutory compliance and maintains copies of all documentation.
(2) Solicit competitive quotes and/or offers from at least three potential offerers,
whenever possible, and take the necessary steps to assess that fair and equitable pricing is
being offered.
(3) Only issue payments of contractors, suppliers, or vendors after verification that
all goods, services, and repairs meet contract requirements.
NOTE: See Acts 2006, 1 st Ex. Sess., No. 38, §2 and Acts 2008, No. 317, §1,
which provide that this Section terminates after June 30, 2010.

Legislative History

Acts 2006, 1 st Ex. Sess., No. 38, §1, eff. Feb. 23, 2006; Acts 2008, No. 317, §1, eff. June 17, 2008.