§2225.2.1. Design-build contracts; authorized use by certain public entities in areas damaged
by Hurricane Katrina, Hurricane Rita, or both
A.
(1)Notwithstanding any law to the contrary, the following public entities may use
the design-build method in the construction or repair of any public building or structure
which has been destroyed or damaged by Hurricane Katrina, Hurricane Rita, or both, or any
public building or structure to be constructed or repaired to meet a homeland security or
criminal justice need pursuant to a hurricane recovery plan: the division of administration,
the Recovery School District, the Orleans Parish School Board, the city of New Orleans, the
Sewerage and Water Board of New Orleans, sheriffs, housing authorities, and parish
governments in Calcasieu, Cameron, Je
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§2225.2.1. Design-build contracts; authorized use by certain public entities in areas damaged
by Hurricane Katrina, Hurricane Rita, or both
A.(1) Notwithstanding any law to the contrary, the following public entities may use
the design-build method in the construction or repair of any public building or structure
which has been destroyed or damaged by Hurricane Katrina, Hurricane Rita, or both, or any
public building or structure to be constructed or repaired to meet a homeland security or
criminal justice need pursuant to a hurricane recovery plan: the division of administration,
the Recovery School District, the Orleans Parish School Board, the city of New Orleans, the
Sewerage and Water Board of New Orleans, sheriffs, housing authorities, and parish
governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St.
Tammany, and Vermilion parishes and the Port of New Orleans.
(2) Whenever the governing authority of the public entity resolves to construct or
repair any public building or structure using the design-build method as authorized by
Paragraph (1) of this Subsection, it shall adopt a list of projects under which design-build
contracts will be utilized; and adopt the selection process promulgated by the division of
administration, office of facility planning and control, specifying the selection process for
the awarding of a design-build contract in compliance with the provisions of this Section.
(3) For the purposes of this Section, "design-builder" means the entity contractually
responsible for delivering the project design and construction.
(4) Except as provided in Paragraphs (5) and (6) of this Subsection, the authority to
use the design-build method shall extend for six years from July 10, 2007, after which time
only those projects that were contracted for prior to that date may proceed.
(5) The authority to use the design-build method shall extend for seven years from
July 10, 2007, for the following schools, after which time only those projects that were
contracted prior to that date may proceed:
(a) Edna Karr High School.
(b) G. W. Carver High School.
(c) Martin Behrman High School.
(d) Sherwood Forest Elementary School.
(e) Paul B. Habans Elementary School.
(6) The authority to use the design-build method shall extend for eight years from
July 10, 2007, for the Sewerage and Water Board of New Orleans, in a power plant not to
exceed thirty million four hundred thousand dollars, after which time only those projects that
were contracted prior to that date may proceed.
B. Every design-builder shall be duly licensed and registered to do business in the
state of Louisiana 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.
C. Prior to letting any such contract, the governing authority of the public entity shall
adopt an ordinance adopting procedures promulgated by the division of administration, office
of facility planning and control, establishing procedures for developing plans, specifications,
qualifications, and other matters pertaining to procedures for advertising, reviewing and
selecting design-builders, and letting such design-build contracts for public work as specified
in Paragraph (A)(2) of this Section.
D. The procedures promulgated by the division of administration, office of facility
planning and control, provided for in Subsection C of this Section shall include, at a
minimum, the following provisions:
(1) Requirements that:
(a) All engineering and surveying firms providing design and design related services
with the design-builder to which the design-build contract is awarded shall be licensed to
perform these services by the Louisiana Professional Engineering and Land Surveying Board.
(b) All architectural firms providing design services with the design-builder to which
the design-build contract is awarded shall be licensed to perform the services by the
Louisiana Board of Architectural Examiners.
(c) All contractors performing construction work for the design-build program shall
be licensed by the State Licensing Board for Contractors.
(2) A two stage selection process that will utilize a request for qualifications graded
and judged by a primary evaluation committee and a request for technical proposals graded
and judged by a separate technical review committee shall be used to select the design-builder and shall include the following specific provisions:
(a)(i) Public announcement procedures for solicitation of interested design-build
competitors and a procedure for requesting letters of interest and statements of qualifications
from qualified firms or teams.
(ii) Such public announcement procedures shall include a requirement for
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 and by appearance on the internet home page of the political subdivision, if
any.
(iii) All notices of intent to select design-build contractors 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.
(b) These decisions shall be made on the basis of the criteria set forth in this
Subsection. 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
score assigned elements. Such scores shall be considered public record.
(3) The public entity shall provide a request for a qualifications package to design-builders who submit a letter of interest. All required information shall be identified in the
request for qualifications package and in the standard response forms. The response to a
request for qualifications package 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 construction team
component. The completed response form and any other required information shall be
transmitted by the responding design-builder by the deadline to submit such forms and
information as provided in the request for qualifications package. Any response failing to
meet all of the requirements contained in the request for qualifications package shall not be
considered. False or misrepresented information furnished in response to a request for
qualifications package shall be grounds for rejection.
(4)(a) A primary design-build evaluation committee shall evaluate the responses to
the request for qualifications package received by the department. The following general
criteria used by the primary evaluation committee in evaluating responses to the request for
qualifications package for design-build services shall apply to both the design and
construction components of any responding entity:
(i) Professional training and experience of both the design and construction entity
components and of key personnel in general and as related to the project under consideration.
(ii) Capacity for timely completion of the work.
(iii) Past performance on public projects or projects of a similar nature to the project
described in the notice of intent.
(iv) The quantity and value of public entity work awarded to both the design and
construction entity components.
(v) Any project-specific criteria as may apply to project needs.
(b) The primary design-build evaluation committee shall consist of a minimum of
three members designated by the head of the public entity according to the rules established
pursuant to this Subsection.
(c) The primary evaluation committee shall evaluate the qualifications of responding
design-builders on the basis of the criteria set forth in this Subsection and the rules
established pursuant to this Subsection and shall select a short list of not fewer than three of
the highest rated entities; however, if fewer than three responses are received, the head of the
public entity may approve proceeding with the design-build process. The primary evaluation
committee may, at its discretion, be assisted by other public entity personnel in its evaluation
of a design-builder's qualifications. The primary design-build evaluation committee shall
present its short list to the head of the public entity. The short-listed design-builders shall
be invited to submit a detailed technical proposal for the design-build project. The invitation
to the short-listed entities shall specify a deadline for submission of such proposals.
(5)(a) The specific requirements of the technical proposal shall be identified by the
public entity to the design-builders 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, space standards, space planning, fundamental requirements,
quality standards, capacities, other design related issues, materials, 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".
(b) For more complex projects and projects with scopes which permit flexibility and
innovation in the design approach, the public entity may compensate unsuccessful and
responsive short-listed entities for the expense of preparing the technical proposal. The
determination of whether or not compensation will be paid for the technical proposal and the
amount shall be predetermined by the public entity and shall be included in the scope of
services package. The public entity may use concepts submitted by any paid short-listed
design-builder in the construction of the project.
(6) A technical review committee for evaluation of design-build proposals shall be
established according to the rules established pursuant to this Subsection. This committee
shall be made up of building construction professionals as defined in the rules established
pursuant to this Subsection. The technical review committee shall identify specific technical
elements of the project, depending on the characteristics of the project, to be included in the
technical score. The technical review committee may select additional engineering,
architectural and technical experts, and nationally recognized design-build experts to serve
as committee members to score each technical element of the project.
(a) An adjusted score approach shall be used by the public entity in determining the
winning proposal. An adjusted score shall be determined using the following components:
(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 design-builders 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. Prior to
determining the adjusted score, the chairman of the technical review committee shall notify
each design-builder, in writing, of each design-builder's final total technical score.
(ii) 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 public entity and included in the "Scope of Services Package".
(iii) The price proposal.
(b) 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 Technical Score. Use of
the Time Value is not mandatory and if it is not used, the Adjusted Score shall be determined
by the following formula: Adjusted Score = Price Bid divided by Technical Score.
(7) Design-builders who have submitted bona fide proposals may, within seven days
of the announcement of the award, challenge the award based on any of the foregoing
reasons, and only those reasons, by submitting a letter to the head of the public entity
describing in detail the reasons for the challenge. The head of the public entity shall have
the authority to resolve any challenge concerning the award of a contract. A written decision
shall be rendered within fourteen days and shall be mailed or otherwise furnished
immediately to the design-builder making the challenge. The decision shall be final and
conclusive unless:
(a) The decision is fraudulent; or
(b)(i) If the public entity is a state entity, the person adversely affected by the
decision has timely appealed to the court in accordance with R.S. 39:1691(A).
(ii) If the public entity is a nonstate entity, the person adversely affected by the
decision has timely appealed to the court of proper venue for the public entity.
E. Once the design-builder has been chosen and a contract for a stipulated schedule
and sum certain price is executed, the price of the design-build contract shall not be increased
other than for inflation as prescribed in the contract and for site or other conditions of which
the design-builder had no knowledge and should not have had knowledge as a reasonable
possibility existing at the site or concerning the design and construction.
F. The provisions of this Section shall supersede any conflicting provisions of any
other law, including but not limited to the requirements of Chapter 10 of this Title.