Price Based- best value- Procurement Horizontal. Yes* No Yes constructiontransportation

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1 Design Build Law Fact Sheet - Arkansas Vertical construction- public Yes** Yes Yes*** Yes * tes: * State Highway Commission has authority to do DB under Arkansas Statute Section (A.R. Stat.) However, A.R. Stat. Sec provides DB is limited to 2 projects over $50M funding from state highway revenues over 10 year period starting on 7/16/03. apparent limitation if funds come from elsewhere. ** This authority is only limited to municipalities and sanitation authorities on design-buildoperation-maintenance contracts for water, wastewater, stormwater treatment systems or any combination. A.R *** This authority is limited to school districts. A.R A.R. Stat A.R. Stat and A.R Primary contract award method is competitive bidding for most construction projects over $20, A negotiated award method is provided for state agencies and higher education institutions for projects exceeding $5M. A.R

2 Design Build Law Fact Sheet - Louisiana Vertical construction- public * tes: * DB generally not allowed. Louisiana Revised Statute (LA R.S.) 38: Authority was provided for relief after Hurricanes Katrina and Rita to use DB in various statutes. Some have defined expiration dates such as: LA R.S. 29:42 (military department infrastructure projects expires 6/30/10); LA R.S. 38: (certain defined Parishes, New Orleans, Port of New Orleans public building or structure expires 7/10/10); and LA R.S. 38: (City of Slidell public building or structure expires 7/1/2010). Some appear to have no expiration date: LA R.S. 38:85 (Jefferson Parish hurricane protection and flood control projects ); LA R.S. 33: (Algiers Development District public improvements and facilities ); and LA R.S. 33: (Gentilly Development District public improvements and facilities ). 1. LA R.S. 29:42 2. LA R.S. 38:85 3. LA R.S. 38: and 38: LA R.S. 33: and 33: LA R.S. 48:250.2, 48:250.3, 48: (certain qualifying transportation projects when done as public-private partnerships) 1. Primary contract award method is competitive bidding for most construction projects unless otherwise allowed by statute.

3 Design Build Law Fact Sheet - New Mexico * Yes Yes** Vertical construction- Yes Yes** public * Yes Yes** Yes Yes Yes** * tes: * Road and highway construction or reconstruction projects specifically prohibited under New Mexico Statute Annotated Section (N.M. Stat. Ann. Sec.) However, Sec provides an exception for road and highway projects where maximum allowable construction cost of more than $50M funded in whole or in part by grants under American Recovery and Reinvestment Act of ** Two step process with request for proposal evaluation of technical competence and capability to perform and other criteria. Select a maximum of five firms for second portion of competition evaluating criteria in detail for decision. N.M. Administrative Code Both the architect or engineer and the contractor portions of the DB team must be licensed in New Mexico. 1. N.M. Stat. Ann. Sections and N.M. Administrative Code Title 1, Chapter 5, Part 7 1. Except for road and highway construction or reconstruction projects, a design and build project delivery system may be authorized when the state purchasing agent or a central purchasing office makes a written determination that it is appropriate or in the best interest of the state or local public body to use the system with allowable construction cost of more than $10,000, Unless DB allowed under N.M. Stat. Ann. Sec then must be done by competitive sealed proposals (N.M. Stat. Ann. Sec ). Architects, engineers and construction managers selected based on qualifications (N.M. Stat. Ann. Sections through ).

4 Design Build Law Fact Sheet - Oklahoma * Vertical construction- Yes Yes public * Yes Yes * tes: 1. Water and sewer projects that are related to a structure or appurtenance thereto may be part of a design build contract Oklahoma Statute Section (O.S. Sec.) O.S. Sec Oklahoma Administrative Code Chapters 17, 19 and Construction is defined as process of planning, acquiring, designing, building, equipping, altering, repairing, improving, maintaining, or demolishing any structure or appurtenance thereto including facilities, utilities or other improvements to any real property but not including highways, bridges, airports, railroads, tunnels, sewers not related to a structure or appurtenance thereto, or dams. 2. While not addressed in design-build statute or administrative code sections, licensing is required to perform work as architect or engineer 59 O.S. Sec (architects) and Sec (engineers).

5 Design Build Law Fact Sheet - Texas Yes Yes Vertical construction- Yes Yes public Yes Yes * tes: * For local governmental entities with population less than 100,000 DB is not allowed for horizontal construction, number of projects is also limited for local governmental entities 1. Texas Local Government Code, Chapter 271 Subchapters H (vertical) and J (civil works/horizontal) 2. Texas Education Code, Chapter 44 (school districts/junior colleges) and Chapter 51 (higher education) 3. Texas Government Code, Chapter , et. seq. 4. Texas Water Code, Chapter Texas Transportation Code, Chapter 223, 366 and Texas provisions are currently scattered among various codes. Procedures are generally the same in use of DB with the exception of the horizontal provisions set forth under Subchapter J of the Local Government Code. Make sure you are dealing with the proper authority covering the particular governmental entity with which you are dealing.