Design-Build and Construction Manager At-Risk Statutory Matrix

Transcription

1 and Manager At- Statutory Matrix Ala. Alaska Authorized by Whom and/or What Definitions on Selecting er Indep. Selected or Offerors? to at at Authorized by Whom and/or What Arch. & Contract AR? 's Role in AR Bidding in No No Ala. Code (2013). No Not expressly authorized, "'build however, because "any type contract' contract that will promote the means a contract to State's best interests may be provide in used," the State's authority to accordance with a design contract using the design-build provided by the project delivery method may be contractor." Alaska Stat. inferred. Alaska Stat. Ann. Ann Not specified build contracts awarded based on competitive sealed proposals. Agency may use multi-step sealed proposals in which unpriced technical fers are considered first and an RFP is issued to shortlisted qualified ferors. The contract is awarded to the feror determined "to be the most advantageous to the state." Alaska Stat. Ann ,.250,.265; see generally, Not specified Not specified Not specified Not specified. No In certain instances, the use a process is implied, however, the identity the developer, if any, is not specified. See, Alaska Stat. Ann Not expressly authorized or Not discussed, however, because specified "any type contract that will promote the State's best interests may be used," the State may have implied authority to use the manager at-risk project delivery method. Alaska Stat. Ann Not specified Not specified Generally, yes. Alaska Stat. Ann ,.200(a) (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 1

2 and Manager At- Statutory Matrix Ariz. Authorized by Whom and/or What State agencies and departments, counties, municipalities, local boards and commissions, the school facility board, and school districts are authorized to use design-build to construct public buildings or structures, or certain special purposes. Ariz. Rev. Stat (A)(3) (state agencies, dep'ts, bureaus, etc. public bldgs.), (A)(3) (counties, municipalities, local boards or comm'ns public bldgs.), (I) (school facility board correcting existing deficiencies in school dist. facilities), (H)-(I) (school dists. school facilities), 5-807(C) (multipurpose tourism and sports facilities), (E) (stadiums), (C) (theme parks) (2013); see generally, Ariz. Rev. Admin. Code R (2013) (use designbuild by school districts). Definitions "build" is "a project delivery method in which: (a) There is a single contract design services and services, except that instead a single contract design services and services, the purchasing agency may elect separate contracts pre services during the design phase, [and] and design services during the phase.... (b) and the project either: (i) [S]equential.... [or] (ii) Concurrent.... [and] (c) Finance services, maintenance services, operations services, pre services and other related services may be included." Ariz. Rev. Stat (4), (13); see, (E)(1). on Not required. See, Ariz. Rev. Stat (E)(1), (E)(1). Selecting er build contracts may be awarded using qualifications-based selection or a two-step (qualifications first, proposals second) best value process. Ariz. Rev. Stat (C), -603, , (C), (E). Indep. Selected or Offerors?. A stipulated fee is awarded to unsuccessful short-listed ferors in consideration the right to use the ideas or inmation contained in the ferors' proposals. Offeror may elect to waive fee and retain exclusive ownership ideas and inmation provided in proposal. Ariz. Rev. Stat (F)(11), (F)(11). to No Not specified Not specified. criteria is used in at least some design-build solicitations, however, it is unclear whether an architect is involved or required. Ariz. Rev. Stat (F)(3)(d), (F)(3)(d). at at Authorized by Whom and/or What State agencies, dep'ts, or bureaus, counties, municipalities, local boards or commissions, the school facilities board, and school districts are authorized to use -managerat-risk to construct public buildings and structures. Ariz. Rev. Stat (A)(2), (A)(2), (I) (school facilities board correcting existing deficiencies in school dist. facilities), (H)-(I) (school dists. school facilities); see generally, (5)-(6), (33), (35), (1), (4)-(5) (2012); Ariz. Admin. Code R (2013). Arch. & "The contract constructio n services may be entered into at the same time as the contract design services or at a later time." Ariz. Rev. Stat (5)(b); accord, (4)(c)(i)- (ii). Contract AR? 's Role in AR Depending on Not specified whether certain provisions are triggered, "separate contracts preconstructi on services during the design phase, [and] during the phase" may be optional or required. Ariz. Rev. Stat (4)(a), - 603(C)(1)(c)(i), -605(B), (5)(a), (C)(1)(c )(i), -2580(B). Bidding in. Ariz. Rev. Stat (2012). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 2

3 and Manager At- Statutory Matrix Ark. Authorized by Whom and/or What Any school district may use design-build to construct, alter, or improve structures or real property owned by the school district. Ark. Code Ann (b)(1) (2013). Definitions "'build' means a project delivery method in which the school district acquires both design and services in the same contract from a single legal entity, referred to as the 'design-builder,' without competitive bidding.... 'builder' means any individual, partnership, joint venture, corporation, or other legal entity that... furnishes the necessary design services, in addition to the the work, whether by itself or through subcontracts, including, but not limited to, subcontracts architectural services...." Ark. Code Ann (a). on Not required. Ark. Code Ann (a)(2)(A) (design-builder may subcontract architectural services). Selecting er School districts use a two-step process to select design-builders. First, a request qualifications is issued, and responses are evaluated and scored. Second, a request proposals is issued to short-listed designbuilders, and responses are evaluated and scored. The contract is awarded to the highest overall scoring designbuilder. Ark. Admin. Code ; see generally, Ark. Code Ann (a)(1) ("'build' means a project delivery method... without competitive bidding...."). Indep. Selected or Offerors? Not specified. See generally, Ark. Code Ann (c) ("The Division Public School Academic Facilities and Transportation the Department Education shall develop and promulgate rules... concerning the use designbuild by school districts."). Not specified. Not specified See generally, Ark. Code Ann (c) ("The Division Public School Academic Facilities... the Department Education shall develop and promulgate rules... concerning the use designbuild by school districts."). to Not specified. The use a process is implied, however, the identity the developer is unclear. Ark. Admin. Code at at Authorized by Whom and/or What The State, and the agencies and political subdivisions there, are authorized to use management at-risk projects with a cost exceeding $5,000,000, subject to certain restrictions. Ark. Code Ann , (2013). Arch. & Not specified Contract AR?. See generally, Ark. Code Ann (d)(2)(B). 's Role in AR Not specified Bidding in. Ark. Code Ann (West 2013); but see, (b), (d) (competitive bidding requirements do not apply to manager atrisk contracts). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 3

4 and Manager At- Statutory Matrix Cal. Authorized by Whom and/or What build is authorized certain projects by certain governmental entities. Cal. Gov. Code (legislature may authorize design-build to construct specific state fice and prison facilities, buildings, or structures); Educ (a), ,.20 (community college dists. and school dists. may enter into design-build contracts to construct sch. facilities when project cost exceeds $2,500,000, and it is in the best interest to use DB after evaluating the traditional DBB process and finding DB will reduce comparable project costs, expedite project's completion, or provide features not achievable through traditional DBB method); Pub. Con (a)(1) (cities "may utilize an alternative procedure bidding on building projects in the city in excess... $1,000,000"); Gov (a)- (b) (City Sacramento permitted to use DB to construct fice and parking facilities acquired and developed in furtherance the Capitol Area Plan). Definitions "'build' means a procurement process in which both the design and a project are procured from a single entity." "'build entity' means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed." "'build team' means the design-build entity itself and the individuals and other entities identified by the design-build entity as members its team." Cal. Gov. Code (a)(1)-(5); Educ (b)-(c), 81701(b)-(c); Pub. Con. 6801(c)-(e), (c)(2)-(3) (West 2013). on Not required. See, Cal. Gov. Code 14661(f), (f) (architect is also impliedly not permitted to be designated as the lead entity a design-build entity). Selecting er The method used to Not specified select a design-build entity varies depending upon the governmental entity, cost, and/or other factors. Generally, however, contracts are awarded to the proposer fering the best value as determined by evaluating qualifications and proposals. Cal. Gov. Code 14661; Educ ; Pub. Con Indep. Selected or Offerors? An architect or No other pressional may be retained throughout the course a project to oversee, inspect, and ensure compliance. Cal. Educ. Code (a)-(b), 81705(a)-(c) (architect or structural engineer); Pub. Con (i) (design pressional or project manager). to No. For state No fice and prison facilities and projects by cities, the permance criteria is prepared by a licensed and registered "design pressional," however, it is unclear whether such a pressional must be an architect. For projects by school districts, development criteria is prepared by an architect or engineer. Cal. Gov. Code 14661, ; Pub. Con (d)(1)( A); Educ (c)(2)( A); see generally, Gov. Code (a)(4), (6)-(7). at at Authorized by Whom and/or What Arch. & Not manager/general contractor specified is authorized public transit projects, though it is unclear whether that includes the or buildings. See generally, Cal. Pub. Con. Code , 6951(b) Contract AR? 's Role in AR Separate Not specified contracts preconstructi on services and services are used. Cal. Pub. Con. Code 6703, 6954 (West 2013). Bidding in Generally, yes. See, Cal. Gov. Code 14955; Pub. Con , Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 4

5 and Manager At- Statutory Matrix Colo. No Authorized by Whom and/or What State, county, and municipal governments, and the agencies there, may use integrated project delivery methods to design and construct public projects, including educational facilities, so long as their use "represents a timely or costeffective alternative." Though design-build is not expressly authorized, it may reasonably be concluded that it is conceptually encompassed within the definition "integrated project delivery." Colo. Rev. Stat. Ann to -104 (state gov't), to -1104, to (municipal gov't) (West 2013); see generally, Integrated Delivery Public Act, Colo. Rev. Stat. Ann to -108; Integrated Delivery County Public Improvements Act, Colo. Rev. Stat. Ann to -1108; Integrated Delivery Municipal Definitions "'Integrated project delivery' or 'IPD' means a project delivery method in which there is a contractual agreement between an agency and a single participating entity the design,, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination these services, a public project. 'IPD contract' means a contract using an integrated project delivery method." A "'contract' means any agreement designing, building, altering, repairing, improving, demolishing, maintaining, or financing a public project." 'Participating entity' means a legal entity that provides appropriately licensed planning, architectural, engineering, development,, operating, or maintenance services as needed in connection with an IPD contract." A "public project" is the, alteration, or improvement any land, building, or structure "intended use in the promotion the public health, welfare, or safety," or "public Public Improvements Act, 31- purposes." Colo. Rev. Stat. Ann (2), (4)-(7), to (2), (4)-(8), (2), (4)-(8). on Not required. "[A] participating entity selected award an IPD contract shall not be required to be licensed or registered to provide pressional services... if the person or firm actually perming any such pressional services on behalf the participating entity is appropriately licensed or registered...." Colo. Rev. Stat. Ann (6), (4), (4). Selecting er A two-step, "best value" method is used to solicit and award integrated project delivery contracts in which qualifications are evaluated first, and proposals second. Colo. Rev. Stat. Ann to -106, to -1106, to Indep. Selected or Offerors? No. Notice a stipend, if any, to be paid to non-selected, short-listed ferors will be published in the request proposals. Colo. Rev. Stat. Ann (3)(h), (1)(h), (1)(h). to Not required No Not specified. No The use a process is implied, however, the details this process, including whether an architect is required, are unclear. See, Colo. Rev. Stat. Ann (1)(b), (1), (1); see also, to at at Authorized by Whom and/or What Not expressly permitted or prohibited; however, because "any type contract which will promote the best interests the state may be used," the authority to use manager at-risk may be inferred. Colo. Rev. Stat. Ann ; accord, , ; see also, Arch. & Contract AR? 's Role in AR Bidding in Colo. Rev. Stat. Ann ; but see, to - 106, to , to (processes soliciting and awarding IPD contracts). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 5

6 and Manager At- Statutory Matrix Conn. Authorized by Whom and/or What State agencies are authorized to use design-build. The Commissioner may designate projects as "total cost basis" projects, and "enter into a single contract with a private developer," " such project elements as site acquisition, architectural design and." Conn. Gen. Stat. 4b-24b(b) (West 2012); Conn. Agencies Regs. 4b-24-1 to -8; see also, Conn. Gen. Stat. 4b-55(a); see generally, 4b-24(4), -91(g). Definitions In the state agency context, "'design-build team' means design and pressionals that join together to submit a proposal the department's consideration...." Conn. Agencies Regs. 4b-24-2(1). on. Conn. Agencies Regs. 4b-24-2(1) ("design-build team" definition). Selecting er build contracts are awarded using a two-step process. In step one, a request proposals is issued and responses are evaluated and ranked. In step two, the top four ranked ferors are interviewed and ranked again. The highest ranked team is awarded the contract. Conn. Agencies Regs. 4b-24-4 to -8. Indep. Selected or Offerors? No Not specified Not specified. Unclear whether bridging is used, and if it is, whether an architect is required. See generally, Conn. Agencies Regs. 4b to -8. to Not specified. Unclear whether a process is used, and if it is, whether an architect is required. See generally, Conn. Agencies Regs. 4b to -8. at at Authorized by Whom and/or What Arch. & The Commissioner Not is specified authorized to use manager at-risk capital improvement projects. Conn. Gen. Stat. 4b-103(a), 4b-1 (West 2013); see also, 10a- 109n(c)(9). Contract AR? 's Role in AR Bidding in Not specified Not specified. Conn. Gen. Stat. Ann. 4b- 91(a) (West 2013). Del. No build is neither expressly authorized nor prohibited, but could be used as an exemption to state procurement laws granted on a case-by-case basis. Del. Code Ann. tit. 29, No management at-risk is neither expressly authorized nor prohibited, but could be used as an exemption to state procurement laws granted on a case-by-case basis. Del. Code Ann. tit. 29, Del. Code Ann. tit. 29, 6923 (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 6

7 and Manager At- Statutory Matrix D.C. Authorized by Whom and/or What The design-build project delivery method is authorized gov't projects and related services. D.C. Code (a)-(b)(5) (2012). Definitions on "build" is "a Not specified project delivery method in which the purchasing agency enters into a single contract design and an infrastructure facility." D.C. Code (24). Selecting er build contracts are solicited and awarded using competitive sealed proposals, which, in certain instances, may include an evaluation qualifications. The design-build team with the highest-ranked proposal is awarded the contract. D.C. Code (d), Indep. Selected or Offerors? Not specified Not specified Not specified. Unclear whether bridging is used, and if it is, whether an architect is required. See generally, D.C. Code to Not specified. Unclear whether a process is used, and if it is, whether an architect is required. See generally, D.C. Code at at Authorized by Whom and/or What The management at-risk project delivery method is authorized gov't projects and related services. D.C. Code (a)-(b)(3) (2012). Arch. & Not specified Contract AR? 's Role in AR. See Not specified generally, D.C. Code (14) (2012). Bidding in Source selection methods vary according to the project delivery method used. D.C. Code (2012). Fla. The State, state agencies, counties, municipalities, "special districts," and political subdivisions are authorized to use "design/build contracts" to construct or improve public buildings, structures, or other public works as "permitted by any applicable... law." Fla. Stat. Ann (1) (West 2012); accord, ; see generally, (1) ("special district" defined). A "design-build firm" is a legal entity certified "to engage in contracting," or "to practice engineering[,]... architecture[,] or... landscape architecture." "A 'design-build contract' means a single contract with a design-build firm the design and a public project." Fla. Stat. Ann (2)(h)- (i) (West 2012). Not required. A design-build firm consists a licensed contractor, or an architect, engineer, or landscape architect. Fla. Stat. Ann (2)(h). The State, state Not specified agencies, "municipalities, political subdivisions, school districts, and school boards... award design-build contracts" using "qualifications-based selection" or a competitive proposal best value process. Fla. Stat. Ann (3)- (5), (9)(c); see, (1). When No applicable, the design-criteria pressional, a licensed or registered architect, landscape architect, or engineer, prepares the package and evaluates the project 's compliance with the design criteria package. Fla. Stat. Ann (2)(j)- (k), (9)(c)(5). No. The pressional that prepares the design criteria package may be an architect, landscape architect, or engineer. Fla. Stat. Ann (2)(j)- (k), (9)(b). " management," a project delivery method conceptually similar to management at-risk, may be used by counties, municipalities, school dists., special dists., or political subdivisions to construct public buildings and structures. Fla. Stat. Ann ,.103(1)-(2) (West 2012). Not specified. See Unclear generally, Fla. Stat. Ann (2).. See generally, Fla. Stat. Ann to.0525; but see, (2), ( management entity may be selected using "qualificationsbased selection" or a competitive proposal, best value process). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 7

8 and Manager At- Statutory Matrix Ga. No Authorized by Whom and/or What Not expressly authorized; however, since counties, towns, and municipalities may use any delivery method to build public buildings or structures, subject to certain requirements, the authority to use design-build may be inferred. Ga. Code Ann (c) (West 2013); see also, Definitions on Selecting er None provided Not specified County, town, and municipal contracts are awarded using competitive bidding or competitive proposals. Ga. Code Ann Indep. Selected or Offerors? to at at Authorized by Whom and/or What Arch. & Not specified Not specified Not specified Not specified No Not expressly authorized; however, because counties, towns, and municipalities may use any delivery method to build public buildings or structures, subject to certain requirements, the authority to use manager at-risk may be inferred. Ga. Code Ann (c) (West 2013); see also, Not specified Contract AR? 's Role in AR Bidding in Not specified Not specified. Ga. Code Ann (a), to -21 Guam No Not expressly authorized or discussed, however, because "any type contract that will promote the State's best interests may be used," the State's authority to contract using the design-build project delivery method may be inferred. 5 Guam Code Ann (2012). None provided - Unless exempted, contracts are awarded through competitive bidding. 5 Guam Code Ann. 5211(a) (2012) No Not expressly authorized or discussed, however, because "any type contract that will promote the State's best interests may be used," the State's authority to contract using the manager at-risk project delivery method may be inferred. 5 Guam Code Ann (2012) Guam Code Ann. 5211(a) (2012). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 8

9 and Manager At- Statutory Matrix Haw. Authorized by Whom and/or What The State, state agencies, dep'ts, and commissions, counties, and the state educational facilities improvement fund are authorized to use design-build to construct buildings and structures. Haw. Rev. Stat. 103D-313(a), 103D-102(a), -104 ("governmental body," "designbuild," and "procurement ficer" definitions), (state educational facilities improvement fund may use design-build to construct new schools) Definitions "'build' means a project delivery method in which the procurement ficer enters into a single contract design and." Haw. Rev. Stat. 103D-104. on Not specified. build team not defined or explained. Selecting er build contracts are solicited and awarded using competitive sealed Indep. Selected or Offerors? No. A conceptual design fee may be paid to non- proposals to the design-selectebuild entity providing ferors the best value as projects with a determined by total cost evaluating price and exceeding the factors set th in $1,000,000. the request Haw. Rev. Stat. proposals. Haw. Rev. 103D-303(i)(2)- Stat. 103D-303; see (3). generally, Haw. Rev. Stat. 103D-302 to Not specified to Not specified. Not specified. No Unclear Unclear whether whether a bridging is used, and if it process is is used, used, and if it whether an is used, architect is whether an required. See, architect is Haw. Rev. required. See, Stat. 103D- Haw. Rev Stat. 103D at at Authorized by Whom and/or What Not expressly authorized or discussed, however, because "any type contract that will promote the State's best interests may be used," the State, state agencies, and counties' authority to use the manager atrisk project delivery method may be inferred. Haw. Rev. Stat. 103D-313(a); see, 103D-102(a), -104 (West 2013) ("governmental body" definition). Arch. & Contract AR? 's Role in AR Bidding in Haw. Rev. Stat. 103D-301. Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 9

10 and Manager At- Statutory Matrix Idaho Authorized by Whom and/or What The State, counties, cities, and school districts are authorized to use design-build to construct, repair, or improve public works, buildings, and places. Idaho Code Ann , -5711A; see also, (3), -241A(2), -805(1) (West 2013) (state bd. correction, county commissioners boards, and city governing bodies authorized to use "design/building" private prison facilities). Definitions on "A design-build contract Not specified is a contract between a public entity and a nongovernmental party in which the nongovernmental party contracting with the public entity agrees to both design and build a structure... or other item specified in the contract." Idaho Code Ann ; accord, A. Selecting er sealed bidding is used to award public works contracts. This process may include a prequalification stage if deemed to be in the best interest the using agency. Idaho Code Ann C. Indep. Selected or Offerors? Not specified Not specified Not specified. is used, however, it is unclear whether an architect is required to provide the design services. Idaho Code Ann ; see generally, (architects, landscape architects, and engineers all considered "design pressionals" ). to at at Authorized by Whom and/or What No No Not expressly permitted, prohibited, or otherwise discussed. Arch. & Contract AR? 's Role in AR Bidding in Idaho Code Ann C Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 10

11 and Manager At- Statutory Matrix Ill. Authorized by Whom and/or What Subject to specific conditions and limitations, design-build may be used by: the Capital ment Board, State agencies, Public ing Commissions, public universities, special park districts, and sports facilities. 30 Ill. Comp. Stat. 537/5 (Cap. Dev. Bd. public projects); ch. 30, 535/75 (state agencies); ch. 50, 20/2.5 (Pub. Bldg. Comm'n public, local level projects); ch. 110, 62/5-10(10) (East. Ill. Univ. pilot program energy conservation measures); ch. 70, 1205/8-51(a), 1505/15d, 1505/26/10-5 (park districts); ch.70, 3205/9 (West 2013); see also, 30 Ill. Comp. Stat. 500/20-55 (design-build may be authorized in other contexts since "any type contract that will promote the best interests the State may be used"); see generally, Procurement Act, 30 Ill. Comp. Stat. 537/1 to /99. Definitions "" is a delivery system in which architecture, engineering, land surveying, and related services, as well labor, materials, equipment, and other services a project are furnished within a single contract. A "design-build contract" is a contract between a governmental entity and a design-build entity to furnish: architecture, engineering, and related services, and "labor, materials, equipment, and other services the project." A "design-build entity" is any individual, partnership, joint venture, corporation, or other entity proposing to design and construct any public project. 30 Ill. Comp. Stat. 537/10; ch. 50, 20/3(l)-(n); ch. 70, 1205/8-50, 1505/ (West 2013). on Not required. See, 30 Ill. Comp. Stat. 537/10 para. 6; ch. 50, 20/3(n); ch. 70, 1205/8-50 para. 5, 1505/ para. 5 (West 2013) ("designbuild entity" definition). Selecting er A two-phase process is used to award designbuild contracts. In phase one, qualifications are evaluated and the topscoring DB entities are short-listed. In phase two, proposals are evaluated and scored. The contract is awarded to the highest overall ranked entity. 30 Ill. Comp. Stat. 537/30, /45; ch. 50, 20/20.5, 20/20.20; ch. 70, 1205/8-54, /8-57, 1505/ , / (West 2013); see, ch. 70, 3615/4.06. Indep. Selected or Offerors? to No No No No. The design pressional that develops the scope and permance criteria contained in a request proposals may be an architect, engineer, structural engineer, or land surveyor. 30 Ill. Comp. Stat. 537/20(a), (c), /10 para. 7. No at at Authorized by Whom and/or What Not expressly authorized or discussed, however, because "any type contract that will promote the State's best interests may be used," the State's authority to use management at-risk may be inferred. 30 Ill. Comp. Stat. Ann. 500/20-55 (West 2012). Arch. & Contract AR? 's Role in AR Bidding in Ill. Comp. Stat. 500/20-5, /30-15 (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 11

12 and Manager At- Statutory Matrix Ind. Authorized by Whom and/or What The State, state agencies, state educational institutions, counties, municipalities, townships, and school districts are authorized to the designbuild project delivery method to design, construct, improve, or alter public buildings, airport facilities, and other structures paid by public funds. Ind. Code Ann , to -12 (West 2013); see generally, to (chapter on design-build public works projects). Definitions "'build contract' means a contract between a public agency and a design-builder to furnish: 1) architectural, engineering, and related design services as required a public project; and 2) labor, materials, and other services the same public project." A "design-builder" is "a person that furnishes the necessary design and services under a design-build contract, whether by itself or through contractual arrangements." Ind. Code Ann to -4 on Not required. Ind. Code Ann , -13, to -2 Selecting er builders are selected according to two-phase, best value process. In phase one, qualifications are evaluated and the most-qualified designbuilders are shortlisted. In phase two, qualitative and price proposals submitted by shortlisted firms are evaluated. The contract is awarded to the design-builder providing the best value to taxpayers. Ind. Code Ann to (West 2013). Indep. Selected or Offerors? No. A stipend may be provided to unsuccessful bidders. Ind. Code Ann , -9 (West 2013) ("the drawings, specifications, and other inmation in the proposal" remain the property the feror "[u]nless and until a proposal is accepted"). to Not specified No No. The developer that prepares the design criteria package contained in the request proposals may be an architect or an engineer. Ind. Code Ann to -3, to -6 at at Authorized by Whom and/or What Arch. & Contract AR? 's Role in AR Bidding in No Ind. Code Ann (West 2013). Iowa build may be used "A 'design-build contract' Not specified the, alteration, or means a single contract improvement Iowa air & providing both design army national guard facilities. services and Iowa Code 29A.57(3)(e) (West services that may include 2013). maintenance, operations, pre, and other related services." Iowa Code 29A.57(3)(e) The use competitive bidding to award design-build contracts is implied since no alternative selection method is provided. See, Iowa Code 26.9 (West 2013); see generally, Not specified Not specified Not specified. Not specified. No Unclear whether bridging is used, and if it is used, whether an architect is Unclear whether is used, and if it is used, whether an architect is required. See, required. See, Iowa Code, Iowa Code, 26.9, 29A.57(3)(a). 26.9, 29A.57(3)(a). The manager atrisk project delivery method is not expressly permitted, prohibited, or otherwise discussed Iowa Code 26.9 (West 2013); see generally, Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 12

13 and Manager At- Statutory Matrix Kan. Authorized by Whom and/or What State agencies and counties are authorized to use alternative project delivery programs, including designbuild procurement processes, public projects involving the planning, design, building, or altering any structure when their use is "appropriate." Five factors are considered when determining whether use is "appropriate:" "(1) The likelihood that the alternative project delivery method procurement selected will serve the public interest by providing substantial savings time or money over the traditional design-bid-build delivery process. (2) The ability to overlap design and phases is required to meet the needs the end user. (3) The use an accelerated schedule is required to make repairs resulting from an emergency situation. (4) The project presents significant phasing or technical complexities, or both, requiring the use an integrated team designers and constructors to solve project challenges during the design or pre phase. (5) The use an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition the public contract." Kan. Stat. Ann ,143; d (West 2013); see generally, Kansas Alternative Delivery Act, Kan. Stat. Ann ,141 to,147; Alternative Project Delivery ing Procurement Act, Kan. Stat. Ann c to -216g. Definitions "'ing design-build' means a project which the design and services are furnished under one contract." A "[b]uilding design-build contract" is a contract between a governmental entity and a design-builder "to furnish the architecture or engineering and related design services required a given public facilities project and to furnish the labor, materials and other services such public project." A "design-builder" is the legal entity furnishing the architectural or engineering services and services, whether by itself or through subcontracts. Kan. Stat. Ann ,142(g)-(h), (n); c(g)-(h), (m) (West 2013). on Not required. Kan. Stat. Ann ,142(n), f(m) ("designbuilder" definitions). Selecting er A three-phase bestvalue process is used to award design-build contracts. In phase one, a request qualifications is issued, and the most qualified design-builders are short-listed. In phases two and three, which occur concurrently, short-listed designbuilders are issued requests technical proposals, which includes both conceptual designs and price proposals. The design-builder providing the best value, as determined by phases two and three, is awarded the contract. Kan. Stat. Ann ,145; f Indep. Selected or Offerors?. A stipend is required to be paid to prequalified, nonselected ferors that submit responsive proposals in consideration the state's acquisition "a nonexclusive right to use the design submitted by the proposer." The designbuilder may feit the stipend "to retain all rights and interest in the design proposed." Kan. Stat. Ann ,145(e)(12); f(l) (West 2013). to Not specified No No. The consultant who prepares the design criteria package contained in the request proposals may be an architect or engineer. Kan. Stat. Ann ,142(o)- (p), c(n)-(o). at at Authorized by Whom and/or What State agencies and counties are authorized to use alternative project delivery programs, including management-at-risk procurement processes, public projects involving the planning, design, building, or altering any structure when their use is "appropriate." Five factors are considered when determining whether use is "appropriate:" "(1) The likelihood that the alternative project delivery method procurement selected will serve the public interest by providing substantial savings time or money over the traditional designbid-build delivery process. (2) The ability to overlap design and phases is required to meet the needs the end user. (3) The use an accelerated schedule is required to make repairs resulting from an emergency situation. (4) The project presents significant phasing or technical complexities, or both, requiring the use an integrated team designers and constructors to solve project challenges during the design or pre phase. (5) The use an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition the public contract." Kan. Stat. Ann ,143; d; see generally, Kansas Alternative Delivery Act, Kan. Stat. Ann ,141 to,147; Alternative Project Delivery ing Procurement Act, Kan. Stat. Ann c to - 216g. Arch. & The architect is selected first, and the constructio n manager is selected "[p]rior to completion the constructio n documents, but as early as during the schematic design phase." Kan. Stat. Ann ,144 (West 2013); accord, e(b). Contract AR? One contract, both preconstructi on and services, is used with the managementat-risk method. See, Kan. Stat. Ann ,144, e (West 2013). 's Role in AR "The project design pressional[, an architect or engineer,] may be employed or retained by the agency to assist in the selection process." Kan. Stat. Ann ,144(b), e(b). Bidding in. Kan. Stat. Ann (a), (a) (West 2013); but see, 75-37,144, e ( management at-risk selection process). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 13

14 and Manager At- Statutory Matrix Ky. Authorized by Whom and/or What build is authorized capital projects when its use is determined to provide taxpayers with the "best value," as compared to using traditional, design-bidbuild. Ky. Rev. Stat. Ann. 45A.045(11)(a); see, 200 Ky. Admin. Regs. 5:365 (2013); see generally, Ky. Rev. Stat. Ann. 45A Definitions "build" is "a project delivery method in which the purchasing ficer enters into a single contract design and a capital project." A "purchasing ficer" is "any person authorized by a governmental body in accordance with procedures prescribed by administrative regulations to enter into and administer contracts and make written determinations and findings with respect thereto. The term includes an authorized representative acting within the limits authority." Ky. Rev. Stat. Ann. 45A.030(12), (23). on Not specified. See generally, Ky. Rev. Stat. Ann. 45A.030(12) ("design-build" definition). Selecting er Indep. Selected or Offerors? build contracts are awarded through competitive negotiation. A singleor multiple-phase No. A stipend may be awarded to nonselected ferors, Not specified proposal may be used. provided the Responses to a request amount and its proposal are evaluated and scored terms are stated in the request based on the published proposal. Ky. criteria (which may include a guaranteed maximum price) and Rev. Stat. Ann. 45A.181; see, 45A.180(1)(b), their relative weight. In 200 Ky. Admin. either proposal process, "[t]he feror Regs. 5:365 3(3)(l) (2013). with the highest point total in the final phase shall receive the contract award." Ky. Rev. Stat. Ann. 45A ; see generally, 45A.085; 200 Ky. Admin. Regs. 5:365 (2013). Not specified. is used, however, it is unclear whether an architect is required to prepare the specifications contained in the request proposals. 200 Ky. Admin. Regs. 5:365; see, Ky. Rev. Stat. Ann. 45A.170,.182. to at at Authorized by Whom and/or What No managementat-risk may be used capital projects when its use is determined to provide a better value to taxpayers than design-bid-build. Ky. Rev. Stat. Ann. 45A.030(6),.045(11); see, 200 Ky. Admin. Regs. 5:365 (2013); see generally, Ky. Rev. Stat. Ann. 45A.180,.183. Arch. & Not specified Contract AR? One contract, both preconstructi on and services, is used with the management at-risk method. Ky. Rev. Stat. Ann. 45A.030(6). 's Role in AR Not specified Bidding in. Ky. Rev. Stat. Ann. 45A.080(1). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 14

15 and Manager At- Statutory Matrix La. Authorized by Whom and/or What build is expressly authorized certain projects and by certain governmental entities. La. Rev. Stat. Ann. 33: (j)(2) (use in Algiers Dev. Dist.), 38: (A)(1) (use by the Div. Admin., Recovery School Dist., City New Orleans, sheriffs, housing authorities, & certain parish gov'ts to meet homeland security or criminal justice needs pursuant to a hurricane recovery plan, or to construct or repair public bldgs. destroyed or damaged by Hurricane Katrina and/or Hurricane Rita), 38: (A)(1) (use by City Slidell constructing or repairing public bldgs. destroyed or damaged by Hurricane Katrina and/or Hurricane Rita), 49: (A) (use by Coastal Protection & Restoration Auth. Bd. protection, enhancement, & restoration projects in coastal areas) (West 2012); see generally, 38: (gov't must have title to property in order to develop the property using design-build). Definitions In the context hurricane-related restoration or recovery plan projects, "'designbuilder' means the entity contractually responsible delivering the project design and." La. Rev. Stat. Ann. 38: (A)(3), : (A)(3). on In hurricanerelated restoration or recovery plan projects, an architect is not required to be part designbuild team. The design-build team's composition in other contexts is not discussed. La. Rev. Stat. Ann. 38: (B)( 1), (B)(1) (design-builder must be architect, engineer, or general contractor; pressional design services may be sublet); see generally, 33:2740(j)(2), 49: Selecting er The method selecting a designbuilder varies according to the project or entity using design-build. La. Rev. Stat. Ann. 33: (J)(2) (Algiers Dev. Dist. projects use competitive request proposals process), 38: to : (hurricane restoration projects or hurricane recovery plan projects use a twostage best value process, evaluating qualifications first and proposals second), 49: (Coastal Protection & Auth. Bd. impliedly uses competitive sealed bidding since no alternative method is provided); see generally, 39:1593(A) (competitive sealed bidding). Indep. Selected or Offerors? No. In the context hurricanerelated restoration or recovery plan projects that are "complex projects... with scopes which permit flexibility and innovation in the design approach," unsuccessful, responsive short-listed ferors may be compensated. La. Rev. Stat. Ann. 38: (D)( 5)(b), : (D)(5)( b). Not specified to Not specified. Not specified. Unclear When designbuild is used whether Coastal Algiers Protection ment and District and hurricanerelated Restoration projects, Board technical projects use a proposals are bridging used; however, process, and if the process so, whether preparing an architect is those required. La. proposals, Rev. Stat. including Ann. whether there 49: is any architect involvement, is not specified. It is unclear whether a bridging or process is used Coastal Protection and Restoration Board projects. La. Rev. Stat. Ann. 33: (j)(2 )-(3), 38: (D) (5)(a), 49: at at Authorized by Whom and/or What management at-risk may be used by the Coastal Protection and Restoration Board protection, enhancement, and restoration projects in the state's coastal area. La. Rev. Stat. Ann. 49: (A) (2012). Arch. & Not specified Contract AR? 's Role in AR Bidding in Not specified Not specified. La. Rev. Stat. Ann. 39:1593(A) (2012). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 15

16 and Manager At- Statutory Matrix Me. Authorized by Whom and/or What The State and its agencies are authorized to use the designbuild method to " any public improvement that the State or any its agencies hold in fee involving a total cost in excess $100,000." Me. Rev. Stat. tit. 5, 1743 (2013). Definitions "'build method' means a method project delivery in which a single firm is contractually responsible to perm design, and related services. 'build team' means representatives an individual, firm, corporation,... joint venture,... or other entity that submits a prequalification package in response to a request qualifications...." Me. Rev. Stat. tit. 5, 1743(1)(D)-(E) (2013) (subsections omitted). on Not specified. But see, Me. Rev. Stat. tit. 5, 1743(3)(A) (2013) (extent to which they "do not address specific alternative project delivery procurement, award, or administration issues, the provisions may be supplemented at the direction the director"). Selecting er A two-phase, bestvalue process is used No. A to award design-build contracts. In phase one, qualifications are evaluated and the top 3-5 firms are shortlisted. In phase two, sealed technical proposals and sealed price proposals are evaluated independently. The contract is awarded to the proposer providing the lowest price the highest quality. Me. Rev. Stat. tit. 5, 1743(5)(A)(5) (2013). Indep. Selected or Offerors? reasonable stipend may be paid to all unsuccessful, responsive proposers. Me. Rev. Stat. tit. 5, 1743(5)(A)(2) (2013). An owner's representative may be employed to represent the owner on any public improvement project. Me. Rev. Stat. tit. 5, 1743(8) (2013). No. The "concept and schematic designs" a design-build project are developed by an "architect, engineer, or other pressional" selected pursuant to the Bureau General ' architectengineer selection rules. Me. Rev. Stat. tit. 5, 1743(5)(A)(1). to at at Authorized by Whom and/or What No The State and its agencies are authorized to use the -manager-atrisk method " any public improvement that the State or any its agencies hold in fee involving a total cost in excess $100,000." Me. Rev. Stat. tit. 5, 1743 (2013). Arch. & The constructio n manager may be selected bee or after the designer. See, Me. Rev. Stat. tit. 5, 1743(1)(C), (6)(C) (2013). Contract AR? The use a single contract is implied. See, Me. Rev. Stat. tit. 5, 1743(1)(C) (2013). 's Role in AR Role designer unclear. An owner's representative may be employed to represent the owner on the public improvement. Me. Rev. Stat. tit. 5, 1743(8) (2013). Bidding in. Me. Rev. Stat. tit. 5, 1743(2) (2013); but see, tit. 5, 1743(3), (6) (managementat-risk method contracts not awarded using competitive bidding). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 16

17 and Manager At- Statutory Matrix Md. Authorized by Whom and/or What The State may use design/build contracts the public works and capital improvement projects. County education boards may use "design-build arrangements," an alternative financing method, to design and construct "qualified education facilities," subject to the county governing body's approval. Md. Code Ann. State Fin. & Proc (g)(1), (j), -603 to -604; Educ (West 2012). Definitions "/build" contracts used by the State are loosely defined as a method "involv[ing] a single solicitation to design and build... [a] facility." In the educational facility context, "[d]esign-build arrangements... permit a county board to contract with a designbuild business entity the combined design and qualified education facilities, including financing mechanisms where the business entity assists the local governing body in obtaining project financing." Md. Code Ann. State Fin. & Proc (g); Educ (a)(6). on Not specified. build entity not defined or explained. Selecting er For State design/build contracts, the use competitive bidding is implied since no alternative awarding method is provided. County education board "design-build arrangements" are awarded using competitive bidding, competitive negotiation, or a best value process. Md. Code Ann. State Fin. & Proc ; Educ (b). Indep. Selected or Offerors? Not specified Not specified Not specified. Unclear whether a bridging process is used, and if it is, whether an architect is required. Md. Code Ann. State Fin. & Proc to -604, ; Educ to Not specified. Unclear whether a process is used, and if it is, whether an architect is required. Md. Code Ann. State Fin. & Proc to -604, ; Educ at at Authorized by Whom and/or What County education boards may use management at-risk arrangements public school. Md. Code Ann. Educ (b)(2) (West 2012). Arch. & Not specified Contract AR? 's Role in AR Bidding in Not specified Not specified. Md. Code Ann. State Fin. & Proc (a); but see, Educ (b)(2) (competitive negotiation may be used to award management at-risk contracts). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 17

18 and Manager At- Statutory Matrix Mass. Authorized by Whom and/or What The Commonwealth, and the agencies and political subdivisions there, counties, cities, towns, and districts are authorized to use design build public works projects costing greater than or equal to $5,000,000. Mass. Gen. Laws Ann. ch. 149A, 14 (West 2013). Definitions on "' build' [is] a Not specified delivery system that provides responsibility the delivery design services and services within a single contract. ' build contract' [means] a contract a public works project between an awarding authority and a design build entity to furnish design build services. ' build entity' [means] an individual,... firm,... joint venture, corporation, or other entity that provides design build services." Mass. Gen. Laws Ann. ch. 149A, 15 Selecting er build contracts Not specified are awarded using a two-phase, best value process. In phase one, qualifications are evaluated. In phase two, proposals are evaluated and the contract is awarded on a low-bid or best-value basis. Mass. Gen. Laws Ann. ch. 149A, 17, Indep. Selected or Offerors? No, the No "owner's representative" that "provide[s] pressional[, independent] project oversight with regard to any major contract" must be an engineer. Mass. Gen. Laws Ann. ch. 149A, 15 1/2(b) (West 2013); compare, ch. 149A, 2-3 (although providing similar services, in the management at risk context, the "owner's project manager" must be an architect or engineer, however, in the design-build context, the "owner's representative" must be an engineer). to No. The design pressional that develops the scope work statement contained in a request proposals may be an architect, engineer, or landscape architect. Mass. Gen. Laws Ann. ch. 7, 38A 1/2(b), ch. 149A, 15, 18. at at Authorized by Whom and/or What The Commonwealth, and the agencies and political subdivisions there, counties, cities, towns, and districts are authorized to use management at risk public works projects costing greater than or equal to $5,000,000. Mass. Gen. Laws Ann. ch. 149A, 1 Arch. & is procured bee constructio n manageme nt at risk firm. Mass. Gen. Laws Ann. ch. 149A, 3(b) (2013). Contract AR? One contract is used preconstructi on and services provided by the management at risk firm. Mass. Gen. Laws Ann. ch. 149A, 2 (2013). 's Role in AR Bidding in The owner's. Mass. project Gen. Laws manager, Ann. ch. 149, which may be 44A(2)(b) an architect or engineer (but independent the designer) provides project management services the building project. Mass. Gen. Laws Ann. ch. 149A, 2-3 (2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 18

19 and Manager At- Statutory Matrix Mich. No Authorized by Whom and/or What build is not expressly authorized; however, since public entities are permitted to select the project delivery method used a project, the authority to use design-build to construct public buildings or structures may be inferred. Mich. Comp. Laws Ann (West 2013) (contract selection methods are restricted, not project delivery methods). Definitions on Selecting er None provided - bidding is used to solicit and award contracts. Mich. Comp. Laws Ann (1). Indep. Selected or Offerors? to at at Authorized by Whom and/or What No manager atrisk is not expressly authorized; however, since public entities are permitted to select the project delivery method used a project, the authority to use manager at-risk to construct public buildings or structures may be inferred. Mich. Comp. Laws Ann (West 2013) (contract selection methods are restricted, not project delivery methods). Arch. & Contract AR? 's Role in AR Bidding in Mich. Comp. Laws Ann (1). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 19

20 and Manager At- Statutory Matrix Minn. Authorized by Whom and/or What Subject to certain use and other limitations and requirements, design-build is permitted and improvement projects : the Capitol bldg., NFL stadiums, state bldgs. and structures, bldgs. and structures under the Univ. Minn. authority, and by eligible local gov'ts, and certain counties. Minn. Stat. Ann. 16B.04(2)(1), (6), 16B.2405,.31 (Capitol bldg.); 473J.11(1)(c) (NFL stadiums); 16B.04, 30,.31(1)(d)(1), 16C.32(2) (state bldgs. and structures); 16C.33(3)(a) (Univ. Minn. " or major remodeling... with an estimated cost greater than $2,000,000"); 116J.433(1)-(3) (eligible local gov'ts); 383B.158(2) (Hennepin County) (West 2012); see generally, 16C.32(2), 383B.158(3) (use limitations and requirements). Definitions The definition "designbuild" varies according to the context in which it is used, but generally means a contract between a governmental entity and a designbuilder the design and a project. Minn. Stat. Ann. 16B.33(1)(d); 16C.32(1)(9); 383B.158 (1)(d)-(h) on, in at least certain projects. Minn. Stat. Ann. 16C.33(3)(b)(4), (7)(e) ("The primary designer shall be a named member the design-build team."). Selecting er build contracts generally may be "solicit[ed] and award[ed]... on the basis either a qualifications based [selection process that includes proposals,] or a design and price based selection process" that includes qualifications, provided the project delivery method is not utilized more than "ten percent its total projects, let, by number, in each fiscal year[,]... that are funded in whole or in part with proceeds from the sale state general obligation bonds." Minn. Stat. Ann. 16C.32(2)(a)(1), (b); see, 16C.33; see also, 383B.158(4)(b)(7),.1581 to Indep. Selected or Offerors? When used state bldgs. and structures, the Capitol bldg., and by the Univ. Minn., a stipend must be paid to nonselected ferors. When used by Hennepin County, a fee may be paid. Minn. Stat. Ann. 16C.33(3)(b)(9), (7)(g), 383B to Not specified No No. The pressional that prepares the design criteria package may be an architect or an engineer. Minn. Stat. Ann. 16C.32(1)(12)- (13); see, 383B.1582(1). at at Authorized by Whom and/or What Subject to certain use and other limitations and requirements, manager at risk is permitted and/or improvement projects the Capitol building, NFL stadiums, state bldgs. and structures, and by eligible local gov'ts. Minn. Stat. Ann. 16B.2405,.31 (Capitol bldg.); 473J.11(1)(c) (NFL stadiums); 16B.04,.30,.31(1)(d)(2), 16C.32(2) (state bldgs. and structures); 116J.433(1)-(3) (eligible local gov'ts) (West 2012); see generally, 16C.32(2) (use limitations and requirements). Arch. & Not specified. See, Minn. Stat. Ann. 16C.34(2)- (3). Contract AR?. Minn. Stat. Ann. 16C.32(1)(7); see, 16C.34. 's Role in AR The primary designer and manager at risk may be required, "by contract, to cooperate in the design, planning and scheduling, and process." Minn. Stat. Ann. 16B.31(1)(e) (West 2013) (applicable to state bldgs. and structures, the Capitol bldg.). Bidding in. Minn. Stat. Ann. 16C.26(1) (West 2012); but see, 16C.32(2)(1),.34 (process used to select manager at risk). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 20

21 and Manager At- Statutory Matrix Miss. Authorized by Whom and/or What Definitions Two ms design-build exist None provided in the state: one structured around private financing univ. campus facilities, the other, known as "dual-phase design-build," is used projects when legislatively authorized. build contracts "may [be] awarded... to a single entity privately financed design and or renovation on university campuses." The "dual-phase design-build method" may only be used when legislatively "specifically required or authorized;" including the and improvement "airports and navigation facilities," and "facilities at the State Port at Gulfport." Both methods require the public's interests and needs to be best served by their use. Miss. Code Ann , , (3)(a), (e) (West 2012). on Not required. build team must "include[], at a minimum, an architectural or engineering firm... and a [licensed] contractor." Miss. Code Ann (4) (emphasis added). Selecting er A two phase, "best value" selection method is used to award contracts. In phase one, initial proposals are solicited, but only those from experienced and qualified design-build teams are accepted. In phase two, short-listed firms are invited to submit proposals. The contract is awarded to the design-builder fering the best value. Indep. Selected or Offerors? No. A stipulated fee may be awarded to "short-listed feror[s] who provide... responsive, but unsuccessful, proposal[s]." However, in consideration the fee, "the governing authority may use any ideas inmation Miss. Code Ann contained in the 13.1 (West 2012); see proposals." (2). Miss. Code Ann (8) (West 2012). to No No No. The scope work statement may be developed by an architect or an engineer. Miss. Code Ann (2). at at Authorized by Whom and/or What School boards, counties, municipalities, and political subdivisions are authorized to use manager at risk so long as the project delivery "satisfies the public need better than... [the] traditional design-bid-build method." Miss. Code Ann (1), (b) (West 2012) ("governing authority" definition). Arch. & The design pressiona l is impliedly hired first: "Bee the substantial completion the design documents, the agency or governing authority may elect to hire a constructio n manager." Miss. Code Ann (4) (West 2012). Contract AR? Unclear. Separate contracts design services and services may be used; however, since "design services" are not defined, it is unclear whether they refer to services provided by the manager or a design pressional. See, Miss. Code Ann (2)(a)-(b). 's Role in AR The architect or engineer and the manager may be required by contract "to cooperate in the design, planning and scheduling, and process...." An independent architectural or engineering firm may be retained to provide guidance and administration throughout the development the scope, design, and the project." Miss. Code Ann (6), (8). Bidding in Generally, yes. Miss. Code Ann (West 2012); but see, (5) ( management services are procured using qualificationsbased or competitive sealed proposal procedures). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 21

22 and Manager At- Statutory Matrix Mo. Authorized by Whom and/or What Definitions on Selecting er "The commissioner administration is authorized to... contract with a developer the design and a minimum security correctional facility in any city located within at least four counties." Mo. Ann. Stat (1). None provided Not specified " and " contracts are awarded using a two-step, best value process in which both qualifications and proposals are evaluated. In step one, a request qualifications is advertised and "the five most qualified design and teams" are selected. In step two, the selected teams submit design proposals and a bid. The contract is awarded to the team providing "the lowest and best proposal." Mo. Ann. Stat (2). Indep. Selected or Offerors? to Not specified Not specified Not specified Not specified. The use a process is implied, however, the details this process, including whether an architect is required, are unclear. Mo. Stat. Ann (2). at at Authorized by Whom and/or What Arch. & Contract AR? 's Role in AR Bidding in No See, Mo. Ann. Stat (1) (West 2012). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 22

23 and Manager At- Statutory Matrix Mont. Authorized by Whom and/or What Definitions on build contracts may be used by state agencies and "governing bodies" the A "design-build contract" is a "a contract in which the designer-builder Not required or improvement assumes the land or buildings when the responsibility and the risk project delivery method's use (i) architectural or "is necessary to meet critical deadlines" due to "significant schedule ramifications," (ii) "will contribute to significant cost savings" in "the design process," or (iii) is required due to the project's "significant technical complexities;" two the three criteria must be satisfied. Mont. Code Ann to -502 (West 2012); see also, , -302(2). engineering design and delivery under a single contract with the owner;" and is a type "alternative project delivery contract." "'Governing body' means: the legislative authority (i) a municipality, county, or consolidated city-county... ; (ii) a school district... ; [or] (iii) an airport authority...." A "project" is "any or any improvement the land, a building, or another improvement that is suitable use as a state or local governmental facility." Mont. Code Ann (1), (4), (6)-(7). Selecting er A two-step process is No. used to solicit and Unsuccessful award design-build applicants may contracts. Step one is a be request compensated qualifications, step two the "costs is a request incurred in proposals. Mont. Code developing and Ann (1)-(2), submitting a (4). proposal." Mont. Code Ann (5). Indep. Selected or Offerors? A "project No representative" that "supervise[s] architects' and consulting engineers' inspection[s] buildings [in order] to ensure that all is in accordance with the contracts, plans, and specifications" may be appointed. Mont. Code Ann (7). to Not specified. Process preparing the contained in a request proposals is not described, including the identity the preparer(s). See, Mont. Code Ann (1)(b). at at Authorized by Whom and/or What Arch. & "General contractor Not management specified contracts," as a type "alternative project delivery contract," may be used by state agencies and "governing bodies," i.e., municipalities, counties, school districts, and airport authorities, to construct or improve land or buildings when the project delivery method's use (i) "is necessary to meet critical deadlines" due to "significant schedule ramifications," (ii) "will contribute to significant cost savings" in "the design process," or (iii) is required due to the project's "significant technical complexities;" two the three criteria must be satisfied. Mont. Code Ann to Contract AR? One contract is used both preconstructi on and services. Mont. Code Ann (5). 's Role in AR Not specified Bidding in Generally, yes. Mont. Code Ann to - 304; but see, , (method awarding alternative project delivery contracts). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 23

24 and Manager At- Statutory Matrix Neb. Authorized by Whom and/or What build may be used by "political subdivisions," i.e., a "city, village, county, school district, community college, or state college," public projects. Neb. Rev. Stat. Ann to -2903(3), (7), -2904, (West 2012); see, Political Subdivisions Alternatives Act, to Definitions "build contract means a contract which is subject to [a two-step m ] qualificationbased selection between a political subdivision and a design-builder to furnish (a) architectural, engineering, and related design services a project to the act and (b) labor, materials, supplies, equipment, and services a project pursuant to the act[.]... builder means the legal entity which proposes to enter into a design-build contract which is subject to qualification-based selection pursuant to the act...." Neb. Rev. Stat. Ann (3)-(4), (7), (10) (West 2012). on No. An architect is not required to be part the design-builder entity, though the architect must be identified by the design-builder at the time the fering. Neb. Rev. Stat. Ann (4), (10) (West 2012). Selecting er builders are No selected using a "qualification-based selection process," a two-step process in which only interested, prequalified designbuilders are "considered... eligible to receive requests proposals." builders are ranked according to criteria in the request proposals; the highest ranked is selected. Neb. Rev. Stat. Ann (10), (12), to (West 2012). Indep. Selected or Offerors? The No "permancecriteria developer," an architect or engineer, aids "in the development project permance criteria, requests proposals, evaluation proposals, evaluation the... and any additional services requested by the political subdivision to represent its interests in the project." Neb. Rev. Stat. Ann (6), (1) (West 2012). to No. The "permance criteria developer" may be an architect or an engineer. Neb. Rev. Stat. Ann (6). at at Authorized by Whom and/or What manager atrisk may be used by "political subdivisions," i.e., a "city, village, county, school district, community college, or state college," public works projects. Neb. Rev. Stat. Ann to 2903(1), (7), -2904, -2914; see, Political Subdivisions Alternatives Act, to (West 2012). Arch. & Unclear; however, it appears the political body contracts with the architect first, and constructio n manager second. Neb. Rev. Stat. Ann (1) Contract AR? One contract is used both preconstructi on and services. See, Neb. Rev. Stat. Ann (1) ("a contract by which a manager... acts as a consultant... during the design development phase... and is the builder during the phase the project....") (citation omitted). 's Role in AR The political subdivision's architect is a member the committee responsible selecting the, and designs the project which the is solicited. Neb. Rev. Stat. Ann (1), (1). Bidding in. Neb. Rev. Stat. Ann (1) (West 2012). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 24

25 and Manager At- Statutory Matrix Nev. Authorized by Whom and/or What Public bodies, i.e., "the State, county, city, town, school district or any public agency... [the] State or its political subdivisions sponsoring or financing a public work," may use "design-build... the design and a public work that is a discrete project if the public body... [so] approve[s]... and the public work has an estimated cost which exceeds $5,000,000." "A perming arts center to be acquired, improved, equipped, operated and maintained... may, regardless the estimated cost the center, be designed and constructed pursuant to a... design-build [contract]...." Nev. Rev. Stat. Ann (15),.1711(2), 244A.860(6) (West 2012). Definitions A "design-build contract" is "a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work." A "[d]esign-build team" is "an entity consisting : (a) At least one person who is licensed as a general engineering contractor or a general building contractor... ; and (b) For a public work that consists : (1) A building and its site, at least one person who holds a certificate registration to practice architecture.... (2) Anything other than a building and its site, at least one person who holds a certificate registration to practice architecture... or landscape architecture... or who is licensed as a pressional engineer...." A "public work" is "any project the new, repair, or re : (a) A project financed in whole or in part from public money : (1) Public buildings; (2) Jails and prisons;... (9) Public convention facilities which are financed at least in part with public money; and (10) All other public owned works and property. (b) A building the Nevada System Higher Education which 25 percent or more the costs the building as a whole are paid from money appropriated by this State or from federal money." Nev. Rev. Stat. Ann (5)-(6), (16). on An architect is required to be a part the "design-build team" "public work[s] that consist[]... [a] building and its site." For "[a]nything other than a building and its site, at least one person who holds a certificate registration to practice architecture... or landscape architecture... or who is licensed as a pressional engineer" is required to be a part the "design-build team." Nev. Rev. Stat. Ann (6). Selecting er build contracts are solicited and awarded by a public body using a best value process. The public body first solicits "preliminary proposals the design and a public work by a designbuild team," first verifying each responding team is qualified to participate in such a project, then evaluating and scoring team qualifications. The top-scoring teams receive "a request final proposals." A contract is negotiated with the "most qualified applicant," and subsequently awarded provided the terms are found "fair and reasonable" to both parties. Nev. Rev. Stat. Ann to. 1727; see generally, Indep. Selected or Offerors? No. The unsuccessful design-build team finalists may be partially reimbursed "if partial reimbursement was provided in the request preliminary proposals." Nev. Rev. Stat. Ann (7)(a). "A public body may employ a registered architect, general contractor, manager as agent, landscape architect or licensed pressional engineer as a consultant to assist the public body in overseeing the a public work." Nev. Rev. Stat. Ann No to The process developing preliminary proposals is unclear, including the person(s) and pression(s) involved. A "design pressional" is likely involved; however, by definition, such pressional may be an engineer, land surveyor, architect, interior designer, residential designer, or landscape architect. Nev. Rev. Stat. Ann (7), at at Authorized by Whom and/or What Arch. & Public bodies may construct Not public works using the specified manager at risk project delivery method. Nev. Rev. Stat. Ann (West 2012); see generally, (15)- (16) ("'Public body' means the State, county, city, town, school district or any public agency this State or its political subdivisions sponsoring or financing a public work. 'Public work' means any project the new, repair, or re : (a) A project financed in whole or in part from public money : (1) Public buildings; (2) Jails and prisons;... (9) Public convention facilities which are financed at least in part with public money; and (10) All other public owned works and property. (b) A building the Nevada System Higher Education which 25 percent or more the costs the building as a whole are paid from money appropriated by this State or from federal money."). Contract AR? 's Role in AR No, a public Not specified body must enter into separate contracts with a manager at risk preconstructi on services and services. Nev. Rev. Stat. Ann Bidding in. See, Nev. Rev. Stat. Ann (1). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 25

26 and Manager At- Statutory Matrix N.H. Authorized by Whom and/or What The commissioner the department administrative services "is authorized to use the design build... method[] contracting " the ", re, alteration, or maintenance []... any building... or facility." The capital budget committee must approve preliminary plans prior to using the design-build method capital projects estimated to cost more than $500,000. N.H. Rev. Stat. Ann. 21-I:1(I), :78(IX), :80(I)(d) (West 2012). Definitions " build" is "a method contracting where the state engages the pressional services a single entity designer/builder who is responsible the provision the design and a project. The designer/builder can be either a single firm or a team architect, engineer, and builder. The designer/builder contracts directly with all the subcontractors and is responsible the delivery the completed project." "Project" is defined as the, alteration, etc. a building or facility. N.H. Rev. Stat. Ann. 21-I:78(VI), (IX) (West 2012). on Not required. "The designer/builder can be either a single firm or a team architect, engineer, and builder." If the designer/builder is not an architecture firm, or a team which includes an architect, the designer/builder will subcontract necessary pressional design services. N.H. Rev. Stat. Ann. 21- I:78(IV) (West 2012). Selecting er Not specified. build projects are excluded from competitive bidding requirements; however, the alternative selection method is not specified. N.H. Rev. Stat. Ann. 21-I:80(I); but see, 21-I:14(XVI) (commissioner to develop rules public works services, including, "bidder qualifications, agency requests public works services," and selection entities to design and construct public works projects). Indep. Selected or Offerors? Not specified; but see, N.H. Rev. Stat. Ann. 21-I:14(XVI) (commissioner authorized to adopt rules regarding "agency requests public works services, charges, and fees," and contract selection and award processes). Not specified. For certain state projects, the project designer, an architect or engineer, is required to observe and inspect the project; however, this provision may not apply to design-build projects since design services are provided by the designbuilder, not a gov't entity. N.H. Rev. Stat. Ann. 21- I:80(II). Unclear whether bridging is used. However, if used, project designer may be architect or engineer. N.H. Rev. Stat. Ann. 21- I:80(II); see, 21-I:14(XVI). to Unclear whether package process is used, and if used, whether pressional must be an architect. N.H. Rev. Stat. Ann. 21- I:78, :80; but see, 21- I:14(XVI) (commissione r to develop rules public works services, including agency requests public work services). at at Authorized by Whom and/or What The commissioner the department administrative services "is authorized to use the... management method[] contracting any [, alteration, or maintenance] project [ any building or structure]." Preliminary plans must be approved by the capital budget overview committee prior to using the management method contracting capital projects. The " management" method contracting is conceptually equivalent to manager atrisk. N.H. Rev. Stat. Ann. 21-I:1(I), :78(II), (IX), :80(I)(d). Arch. & Not specified; however, commission er authorized to develop rules public works services, including, the "selection persons or entities to perm public works projects," which may address sequence contracts. N. H. Rev. Stat. Ann. 21- I:14(XVI). Contract AR? Not specified; however, commissioner authorized to develop rules public works services, including, the "selection persons or entities to perm public works projects," which may address the number and types contracts used. N. H. Rev. Stat. Ann. 21- I:14(XVI). 's Role in AR prepares design plans and specifications, and provides on-site observation and inspection services. N.H. Rev. Stat. Ann. 21-I:80(II). Bidding in Generally, yes. N.H. Rev. Stat. Ann. 21-I:81, :79 (West 2012); but see, 21- I:80(I)(d) (design build and management excluded from competitive bidding requirements). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 26

27 and Manager At- Statutory Matrix N.J. No Authorized by Whom and/or What build is generally not permitted. However, the New Jersey Schools ment, a quasigovernmental agency, has adopted a pilot program the use " design-build contracts up to six school facilities projects." N.J. Admin. Code 19:36-1.1(a) (2013). Definitions A "design-build contract" is "an agreement between the and the design-builder... [] the the school facilities project." "build project delivery" is "a project delivery method... combin[ing] all or some portions the design and phases a school facilities project... into a single contract. 'builder' means the entity contractually responsible delivering the design and and, if applicable, other services the school facilities project in accordance with the design-build contract." N.J. Admin. Code 19: on Selecting er Not required. The Schools N.J. Admin. ment Code 1936:36-8.1; see also, ("designbuilder" definition). uses a twophase process to award contracts to the design-builder providing the best value, as determined by "a combination cost and qualitative factors." N.J. Admin. Code 19:36-1.1(c) (2013). Indep. Selected or Offerors? No. A stipend may be paid to unsuccessful ferors that submit responsive proposals. N.J. Admin. Code 19:36-5.1; see also, 19: (definition "stipend"). The 's "bridging architect" (who functions as a developer) is retained the project's duration and reviews the design-builder's work. N.J. Admin. Code 19:36-1.1(b), 19:36-3.1,.2. No. Though called a "bridging architect," this person, an architect or engineer, functions as a developer, and does not serve as a bridging architect in the traditional sense. N.J. Admin. Code 19: to No. The No "bridging architect" that develops the preliminary design work and permance criteria may be an architect or an engineer. N.J. Admin. Code 19:36-1.1(b),.2 ("bridging architect," "design-build inmation package" definitions). at at Authorized by Whom and/or What The manager atrisk project delivery method is not expressly permitted, prohibited, or otherwise discussed. Arch. & Contract AR? 's Role in AR Bidding in N.J. Stat. Ann. 40A:11-4(a) (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 27

28 and Manager At- Statutory Matrix N.M. Authorized by Whom and/or What State and local public bodies may use a "design and build project delivery system" the public works when determined "appropriate and in the best interest the... public body to use the system on a specific project with a maximum allowable cost more than ten million dollars ($10,000,000)." N.M. Stat. Ann (A) (West 2012). Definitions A "[l]ocal public works project" is "a project a local public body that uses architectural or engineering services requiring pressional services costing fifty thousand dollars... or more." "'Local public body' means every political subdivision the state and the agencies, instrumentalities and institutions there, including two-year post-secondary educational institutions, school districts and local school boards and municipalities...." A "[s]tate public works project" is "a project a state agency, not including projects the state educational institutions, the supreme court building commission, the legislature or local public bodies, that uses architectural or engineering services requiring pressional services costing fifty thousand dollars... or more." "'State agency' means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or ficial the executive, legislative or judicial branch the government [the]... state [ New Mexico]." N.M. Stat. Ann , -66.1, -67, - 90 to -91. on "[T]he design and build team shall include, as needed, a New Mexico registered engineer or architect and a contractor properly licensed in New Mexico the type work required." N.M. Stat. Ann (B). Selecting er Subject to certain exceptions, design and build contracts are awarded using a twophase procedure. In phase one, a request qualifications is issued, and responding firms are evaluated according to technical and qualificationsbased criteria, with a maximum five firms short-listed. In phase two, "short-listed firms" are "invited to submit detailed specific technical concepts or solutions, costs, and scheduling." The submissions are evaluated and "the contract [is] awarded to the highest ranked firm." N.M. Stat. Ann (C)(2); but see, (G) (projects under $400,000 use competitive sealed bidding). Indep. Selected or Offerors? No. "Unsuccessful firms may be paid a stipend to cover proposal expenses." N.M. Stat. Ann (C)(2). For local public No bodies, if a licensed pressional engineer or architect is not on staff, "a pressional technical advisor... with experience appropriate to the type local public works project proposed" shall be appointed to "serve as an agent" and technical advisor to the public body. N.M. Stat. Ann (A)- (C). to No. An architect or an engineer prepares the scope work statement and schedule, and project scope and requirements documents, included in the request qualifications. N.M. Stat. Ann (C)(1). at at Authorized by Whom and/or What Arch. & "A manager at Not risk delivery method may be specified used when a governing body determines that it is in its interest to use that method on a specific educational facility project...." N.M. Stat. Ann (A); see, ("state educational facility" defined); see generally, Educational Facility Manager At Act, N.M. Stat. Ann to Contract AR? 's Role in AR. One Not specified contract is awarded both the manager at risk's preconstructi on services and management services. See, N.M. Stat. Ann (A)-(B), Bidding in. N.M. Stat. Ann , - 111(A), (C); but see, (competitive sealed proposals may be used manager at risk contracts). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 28

29 and Manager At- Statutory Matrix N.Y. N.C. No Authorized by Whom and/or What build may be used by the State University Fund constructing educational facilities. N.Y. Educ. Law 373(17) (McKinney 2012). The State ing Commission may "authorize a State agency, a local governmental unit, or any other entity subject to the provisions G[en]. S[tat]. [ ] to use" an alternative method contracting, i.e., a contracting method that is not separate-prime bidding, singleprime bidding, dual bidding, or management at risk, "a single project" when necessary. N.C. Gen. Stat. Ann (9); see, (a)(1). Definitions on Selecting er Indep. Selected or Offerors? to at at Authorized by Whom and/or What Arch. & Contract AR? 's Role in AR Bidding in None provided Not specified Not specified Not specified Not specified Not specified Not specified No N.Y. Pub. Bldgs. Law 8(6). None provided - Alternative contract methods are awarded "to the lowest responsible bidder or bidders, taking into consideration quality, permance and the time specified in the proposals the permance the contract." N.C. Gen. Stat. Ann ; see generally, Not specified. Not specified. Unclear whether bridging is used, and if it Unclear whether a process is is, whether an used, and if it architect is required. is, whether it requires an architect. The State, counties, municipalities, or other public bodies may use management at risk contracts to "construct, alter, or repair buildings." N.C. Gen. Stat. Ann (a)(1) (West 2013). Not specified. See generally, N.C. Gen. Stat. Ann , Not specified. contracts are "awarded to the lowest responsible, responsive bidder." N.C. Gen. Stat. Ann , -131; but see, (b), (a) ( manager at risk contracts awarded "to the best qualified firm... a fair and reasonable fee."). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 29

30 and Manager At- Statutory Matrix N.D. No Authorized by Whom and/or What build is not expressly authorized. Definitions on Selecting er Indep. Selected or Offerors? to at at Authorized by Whom and/or What manager atrisk may be used by state entities or political subdivisions "public improvements" when the public's best interests are served by the delivery method's use, and other requirements are satisfied. N.D. Cent. Code Ann (6), (16), (20), (West 2012) ("public improvement" is an improvement assumed by a state entity or political subdivision the public good and funded by public money). Arch. & Unclear, although architect might be selected bee manager atrisk since the request proposals 's planning and design phase services includes "[a] description the proposed public improvemen t," and the delivery method may not be used if "services normally provided by an architect" are duplicated. N.D. Cent. Code Ann (2), (3)(b). Contract AR? No. The has separate contracts their planning and design phase services, and their services. N.D. Cent. Code Ann to 's Role in AR Bidding in The architect,. See landscape generally, architect, or N.D. Cent. engineer hired Code Ann. to prepare a public improvement's plans and specifications also provides " administration and observation services" the project. N.D. Cent. Code Ann , (7)-(8), to (" administration " and " observation" definitions). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 30

31 and Manager At- Statutory Matrix Ohio Authorized by Whom and/or What build contracts may be used by the state, state institutions higher education, state agencies, counties, townships, municipalities, school districts, or other political subdivisions the public improvements. Ohio Rev. Code Ann ,.72 (West 2012). Definitions A "design-build contract" is "a contract between a public authority and another person that obligates the person to provide design-build services. 'build firm' means a person capable providing design-build services. 'build services' means services that m an integrated delivery system which a person is responsible to a public authority both the design and, demolition, alteration, repair, or re a public improvement." Ohio Rev. Code Ann (E)- (G) (subsection omitted). on Not required. See, Ohio Rev. Code Ann Selecting er build contracts No. "The public are awarded to the authority may design-build firm provide a providing the "best stipend value" to the procuring pricing public authority based proposals on an evaluation the received from firm's "qualifications" design-build and "pricing proposal." firms." Ohio Ohio Rev. Code Ann. Rev. Code Ann , (E). Indep. Selected or Offerors? The criteria architect may serve as the public authority's representative during the design-build project if requested. Ohio Rev. Code Ann (I). No. See, Ohio Rev. Code Ann (B). to No. criteria pressional may be an architect or an engineer. Ohio Rev. Code Ann (I),.692,.694. at at Authorized by Whom and/or What Public authorities may use the manager at risk project delivery method public improvements. See generally, Ohio Rev. Code Ann , Arch. & Not specified Contract AR?. One contract is used both the preconstructi on services and services provided by the manager. See, Ohio Rev. Code Ann 's Role in AR Not specified Bidding in. Ohio Rev. Code Ann ; 9.312; but see, ( manager at risk selection). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 31

32 and Manager At- Statutory Matrix Okla. Authorized by Whom and/or What State agencies, political subdivisions, counties, municipalities, and political subdivisions are authorized to use design-build public works projects when: (1) the public's health and safety require compressed time, or (2) the project benefits the public, cost control is necessary, and the project's unique nature requires specialized or complex methods; and (3) state agency projects, the Director the Office Management and Enterprise approves. Okla. State. Ann. tit. 61, 202.1(A)-(C) (West 2013); see also, Okla. Admin. Code 580: (b) (2013). Definitions "'build' means a project delivery method whereby the state acquires both design and services in the same contract from a single legal entity, referred to as the designbuilder, without the bid component the traditional design-bidbuild process...." A "er" is the entity proposing to design and construct any public project. Okla. Stat. Ann. tit. 61, 202(6) (West 2013); Okla. Admin. Code 580: para. 7 (2013). on. "Each design-build team must include licensed architects and engineers independent from the state agency's design pressional. The design-build team's licensed architects and engineers must be named in the proposal submitted to the state agency." Okla. Admin. Code 580: (g) (2013); but see, 580: (a), (c), 580: para. 7. Selecting er builders are selected using a twostep process. First, firms are evaluated on their qualifications. Second, the four most highly qualified firms are evaluated on their competitive request proposals submissions. Okla. Admin. Code 580: to -14, 580: to -9 (2013). Indep. Selected or Offerors?. "A stipend is required to be paid to each design-build firm... [if] the state agency elects to have the proposing design-builders develop design drawings as part the [proposal] submission." Okla. Admin. Code 580: (b)(6) (2013). Role "design consultant" beyond developing package is unclear; administration services are separate and need not be provided by an architect. Okla. Stat. Ann. tit. 61, 61(4), 202(5), (7), 202.1(A), 203 No to No. The design consultant that develops the design criteria package may be an architect, engineer, or, land surveyor. Okla. Admin. Code 580: para. 2, -8(b). at at Authorized by Whom and/or What Arch. & State agencies, political Not subdivisions, counties, specified municipalities, school districts, and political subdivisions are authorized to use at-risk management public works projects when: "(1) The project benefits the public.... (2) There is a need cost control.... (3) The need exists specialized or complex methods due to the unique nature the project.... (4) [And] [o]ther consideration factors... [such as]:" time constraints, state agency capabilities, state agency funding, and project components. Okla. State. Ann. tit. 61, 202.1(A)-(C), 220 (West 2013); Okla. Admin. Code 580: (a)-(b) (2013); see, tit. 61, 202(4)(b) (the management project delivery method includes at-risk management). Contract AR? One, twophase contract is used. Phase one includes pre services in consideration a negotiated fee; a guaranteed maximum price is established once the design is "far enough along." Phase two includes services and begins when the GMP is approved. Okla. Admin. 's Role in AR The manager at/risk and design consultant, an architect, engineer, or land surveyor, work together "to perm value engineering and coordination reviews and to develop individual bid packages issuance to subcontractor trades." Role design consultant beyond these duties is Code 580:20-unclear. Okla. 17-9(b)(5) Stat. Ann. tit. (2013). 61, 61(4), 202(5), (7), 202.1(A), 203 (West 2013); Okla. Admin. Code 580: (b)(5)(B) (2013). Bidding in. Okla. Stat. Ann. tit. 61, 103(A) (West 2013); but see, tit. 61, 220(E) (at-risk management contracts not subject to competitive bidding requirements) ; Okla. Admin. Code 580: to -10, 580: to -9 (2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 32

33 and Manager At- Statutory Matrix Or. No Authorized by Whom and/or What build may be used as an exemption to competitive bidding requirements when the method is "unlikely" to "encourage favoritism in the awarding," or "substantially diminish competition," public improvement contracts and "will likely result in substantial cost savings to the contracting agency." Or. Rev. Stat. Ann. 279C.335(2) (West 2012); see, Or. Admin. R , (2012). Definitions "" is a procurement method public improvement projects where "the [c]onstruction [c]ontractor also provides... design services, participates on the project team with the [c]ontracting [a]gency, and manages the design and." "Alternative Contracting s" are public improvement procuring techniques that "utilize[] processes other than the traditional... Bid- " method, such as design-build contracting. Or. Admin. R (1), (3) (2012). on No. build entity is a contractor. Or. Admin. R (3) (2012); see also, R (5), (2)(c). Selecting er build contracts No. are awarded to the contractor providing the best value using competitive proposals. Or. Rev. Stat. Ann. 279C.400(1); Or. Admin. R , (2012); see, Or. Rev. Stat. Ann. 279C.335(2); Or. Admin. R to Indep. Selected or Offerors? "[H]onoraria or stipends may be provided early design submittals from qualified finalists during the solicitation process" when allowed by the request proposals and "on the basis that the Contracting Agency... benefit[s] from such deliverables." Or. Admin. R (7)(f). to at Unclear whether contracts "personal services" and "related services," which may be provided by architects, engineers, land surveyors, etc., apply to the design-build context. Or. Rev. Stat. Ann. 279C.100(5), (8),.105,.140; see generally, Or. Admin. R Not specified Not specified No at Authorized by Whom and/or What Manager/General Contractor may be used as an exemption to competitive bidding requirements when the method is "unlikely" to "encourage favoritism in the awarding," or "substantially diminish competition," public improvement contracts and "will likely result in substantial cost savings to the contracting agency." Or. Rev. Stat. Ann. 279C.335(2) (West 2012); see, Or. Admin. R (1), (2), (2012) ( Manager/General Contractor is conceptually equivalent, and " sometimes known as... ' Manager at '"). Arch. & Not specified Contract AR? 's Role in AR. See Not specified generally, Or. Admin. R (2), (3)-(5) (2012). Bidding in. Or. Rev. Stat. Ann. 279C.335(1) (West 2012); but see, Or. Admin. R ( manager/gen eral contractor contracts are exempt from competitive bidding requirements, and are awarded using competitive proposals). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 33

34 and Manager At- Statutory Matrix Pa. Authorized by Whom and/or What State agencies and counties are authorized to use design/build public structures or buildings; counties select public purpose facilities. 62 Pa. Cons. Stat. Ann. 322(2); tit. 16, 5517(b)(1), (4)(i)-(ii) (West 2013) (counties are authorized to use design/build "projects" or "projects involving a selected public purpose facility," i.e., design/build may be used to demolish, modify, or construct a building or a group buildings with related facilities merly owned by a county and previously used as a jail or fice facility); see, tit. 62, 102(a), 103 para. 3. Definitions A design/build contract is "[a] contract in which the contractor is responsible both the design and any public structure or building or other public improvements any kind to any public real property." 62 Pa. Cons. Stat. Ann. 103 para. 10, tit. 16, 5517(b)(4)(ii) on Not required. If the design-build entity is not authorized to practice architecture, design-build services may still be fered, provided that: "(i) An architectural firm... shall independently contract with a designbuild entity and is responsible all material aspects the practice architecture.... " (ii) The design-build entity includes in their proposal fer to the client written disclosure that the "architect will be engaged by and will be contractually responsible to the design-build entity fering design-build services and will not be responsible to the client. (iii) The designbuild entity agrees the architect will have direct supervision the architectural work. (iv) The contract between the designbuild entity and the client shall set th the name the architectural firm which will be contractually responsible to the design-build entity providing architectural services." 61 Pa. Cons. Stat (9)(i)-(iii) (2013). Selecting er In the absence an exemption, state agency design/build contracts will be awarded by competitive sealed bidding; counties use a request proposals process. 62 Pa. Cons. Stat. Ann. 511 (West 2013); 16 Pa. Stat. Ann. 5517(b)(1)-(2) (2013). Indep. Selected or Offerors? to at at Authorized by Whom and/or What Not specified Not specified Not specified Not specified No No provisions expressly or implicitly enable the project delivery method's use. Arch. & Contract AR? 's Role in AR Bidding in Pa. Cons. Stat. Ann. 511 Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 34

35 and Manager At- Statutory Matrix P.R. Authorized by Whom and/or What Any department, agency, board, commission, body, bureau, fice, municipal entity, public corporation, or instrumentality the Executive, Judicial, or Legislative Branches is authorized to execute "partnership contracts," such as design/build, "in connection with any function, service or facility which they are responsible." P.R. Laws Ann. tit. 27, 2601(g), (i), 2603 (2013); see, tit. 27, Definitions A "partnership contract" is a "contract executed by the selected proponent and the partnering government entity to establish a partnership, which may include, but shall not be limited to, a contract to delegate a function, administer or render one or more services, or conduct the design, building, financing, maintenance, or operation one or more facilities.... A partnership contract may be... any modality the following kind[] contract: design/build...." P.R. Laws Ann. tit. 27, 2601(g). on Not specified. The identity design/builder not discussed. Selecting er Proponent qualifications and proposal evaluation procedures are used to award design/build contracts. P.R. Laws Ann. tit. 27, 2608(b) (2013) (section contains subsection labeling error). Indep. Selected or Offerors? No. Proponents who submit partnership contract proposals "assume the risk paying all expenses relative to the proponent prequalification procedure and the preparation and presentation their proposals... and the shall not be responsible any such expenses." P.R. Laws Ann. tit. 27, 2608 (2013) (section contains subsection labeling error). Not specified. must oversee the contractor's permance and compliance under the partnership contract, but the details this process, including whether architects are involved, are unclear. See, P.R. Laws Ann. tit. 27, 2609(d). Not specified. Public-Private Partnerships Act contains little language on the proposal process, including whether bridging is used. See, P.R. Laws Ann. tit. 27, to Not specified. No Public-Private Partnerships Act contains little language on the proposal process, including whether is developed. See, P.R. Laws Ann. tit. 27, at at Authorized by Whom and/or What Not authorized by name, however, partnership contracts, which include "any... kind contract that separates or combines the design, building, financing, operation or maintenance phases the priority projects," may be executed by "[a]ny department, agency, board, commission, body, bureau, fice, municipal entity, public corporation, or instrumentality the Executive, Judicial, or Legislative Branches" "in connection with any function, service or facility which they are responsible." P.R. Laws Ann. tit. 27, 2601(g), (i), 2603 (2013); see, tit. 27, Arch. & Not specified Contract AR? 's Role in AR Bidding in Not specified Not specified. See, P.R. Laws Ann. tit. 3, 933a; but see, tit. 27, 2608 (2013) (partnership contracts awarded using qualifications and proposal evaluation procedures). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 35

36 and Manager At- Statutory Matrix R.I. No Authorized by Whom and/or What Not expressly authorized or discussed, however, because "any type contract that will promote the State's best interests may be used," the State's authority to use designbuild contracts may be inferred. R.I. Gen. Laws Ann Definitions on Selecting er - - Not specified, however, due to source selection requirements, competitive sealed bidding is likely to be used unless unpracticable. R.I. Gen. Laws Ann , - 18(a). Indep. Selected or Offerors? - An "owner's program manager" is an independent agent the governmental entity, but is not required to be an architect. R.I. Gen. Laws. Ann (32) to at at Authorized by Whom and/or What Arch. & - - State governmental entities, Not i.e., "any entity created as a specified legislative body or state agency by the governal assembly or constitution this state, except municipal, regional, or county governmental entities," are authorized to use manager atrisk contracts building projects, subject to certain requirements, including: the use a general contractor that is selected as the lowest responsible bidder is not practicable and will not result in the best value the state, the project delivery method's use is appropriate, and the estimated value is greater than or equal to $5,000,000. manager atrisk is listed as a type contract, and "any type contract that will promote the State's best interests may be used." R.I. Gen. Laws Ann , -7(5), (11), (30)-(31), , -31 Contract AR?. See, R.I. Gen. Laws Ann (30)-(31). 's Role in AR Bidding in An "owner's Generally, program yes. R.I. Gen. manager," "an Laws. Ann. entity engaged to , - provide project management 18(a) (West services on 2013). behalf a state agency the and supervision the a building project.... [that] acts as the owner's agent in all aspects the project" is required every manager at-risk project. However, there is no requirement that the owner's program manager be an architect. R.I. Gen. Laws Ann (32), (a) (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 36

37 and Manager At- Statutory Matrix S.C. Authorized by Whom and/or What build may be used " procurements relating to infrastructure facilities" when the project delivery method is the "most advantageous to the State and results in the most timely, economical, and successful completion the project," and this determination is approved by the State Engineer's Office. S.C. Code Ann (1)(d), (2012). Definitions "'build' means a project delivery method in which the governmental body enters into a single contract design and an infrastructure facility.... 'Infrastructure facility' means a building; structure; or networks buildings, structures... that provide transportation, utilities, public education, or public safety services. Included are government fice buildings; public schools; courthouses; jails; prisons;... rail, air, and water port structures, terminals, and equipment." S.C. Code Ann (7), (12) (2012). on Not specified. Composition design-build entity not described. Selecting er build contracts must be procured by competitive sealed proposals and awarded "to the responsible feror whose proposal is determined in writing to be the most advantageous to the State." This process includes evaluating qualifications prospective ferors, then soliciting and evaluating proposals from the top qualified ferors, and awarding the contract to the highest ranking feror. S.C. Code Ann (5), , (2)(b) (2012). Indep. Selected or Offerors? No. The governmental body may "pay stipends to unsuccessful ferors, if the amount the stipends and the terms under which stipends are paid are stated in the Request Proposals." S.C. Code Ann (2)(c)(iii) (2012). No. The No "independent peer reviewer services" that the governmental body obtains as required, and which function "to confirm that the key elements the pressional engineering and architectural design provided by the contractor are in conmance with the applicable standard care," may be provided by an architect or engineer. S.C. Code Ann (11) (2012). to Not specified. Process preparing the design requirements and proposal development documents is not described, including the identity the preparer(s). See, S.C. Code Ann (2)(a)- (b), -1530, (10), (14). at at Authorized by Whom and/or What management at-risk may be used " procurements relating to infrastructure facilities" when the project delivery method is the "most advantageous to the State and results in the most timely, economical, and successful completion the project," and this determination is approved by the State Engineer's Office. S.C. Code Ann (1)(b), (2012). Arch. & "A contract with the constructio n manager at-risk may be executed bee completion design." S.C. Code Ann (3) (2012). Contract AR?. One contract is awarded to the " manager atrisk both the infrastructure facility... and management services". S.C. Code Ann (3), (5) (2012). 's Role in AR A separate contract architectural and engineering services is awarded under this project delivery method, these services include: "studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans, and specifications, cost estimates, inspections, shop drawing reviews, sample recommendation s, preparation operating and maintenance manuals, and other related services." S.C. Code Ann (1), (3), (5) (2012). Bidding in Generally, yes. S.C. Code Ann (2)(b) (2012); but see, (3)-(8) (each project delivery method specifies the procurement process that is used to solicit and award that type contract, some which use processes other than competitive bidding). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 37

38 and Manager At- Statutory Matrix S.D. Authorized by Whom and/or What Purchasing agencies, i.e., "any governmental body or ficer authorized by law, administrative rule, or delegated authority, to enter into contracts," may enter into design-build contracts public improvements when the public's best interest is served by their use. S.D. Codified Laws 5-18B-20, 5-18A-1(9)-(12), (21)-(22), 5-18A-2 (2012) (a "public improvement" is "the process building, altering, repairing, improving, or demolishing any public infrastructure facility"); see generally, 5-18B-20 to -38. Definitions A "design-build contract" is "any contract between a purchasing agency and a design-builder to furnish the architecture, engineering, and related services as required, and the labor, materials, and other services a public improvement." A "designbuilder" is "any person that proposes to design and construct a public improvement covered by the procedures " public agency procurement, public improvement procurement, local government units procurement, and state agency procurement. S.D. Codified Laws 5-18A- 1(9), (12); see generally, tit. 5, chs. 5-18A, -18B, - 18C, -18D. on Not required. A "design-builder" must be authorized in the state "as either an architect, engineer, or general contractor." "A design-builder may contract with the purchasing agency to provide pressional services or services which the designbuilder is not licensed, registered, or qualified to perm, as long as the designbuilder sublets all such services required under the design-build contract to a licensed, registered, or otherwise qualified person." S.D. Codified Laws 5-18A- 1(12), 5-18B-24. Selecting er build contracts are awarded using a two-step, best value process. First, designbuilders are evaluated on qualifications. Second, prequalified ferors are issued a request proposals, and after proposals are obtained and evaluated, "a purchasing agency may accept the proposal it considers most advantageous to the purchasing agency." S.D. Codified Laws 5-18B-29, -31, -36; see generally, 5-18A-1, 5-18B-25 to -38. Indep. Selected or Offerors? No. The amount compensation, if any, to be given to designbuilders that submit unsuccessful proposals will be included in the purchasing agency's request proposals. S.D. Codified Laws 5-18B-29(10). No. The No permance criteria developer "may be retained at the purchasing agency's option through to the completion the design-build contract." S.D. Codified Laws 5-18B-27; accord, 5-18B- 26, -28; see generally, 5-18A-1(17)-(18), 5-18B-25. to No. The permancecriteria developer must be a registered design pressional under ch A, which includes architects, engineers, and landscape architects. S.D. Codified Laws 5-18B- 28, -25, -30; see generally, 5-18B-26 to -2736, 18A- 1 to -75. at at Authorized by Whom and/or What Arch. & management Not at-risk may be used by specified "[a]ny purchasing agency," i.e., "any governmental body or ficer authorized by law, administrative rule, or delegated authority, to enter into contracts," the "planning, designing,... constructing,... improving, altering, or repairing [] a public improvement," when using the project delivery method serves the public's interests. S.D. Codified Laws 5-18B-39, 5-18A-1(5)-(6), (8), (21)-(22), 5-18A-2 (2012) (a "public improvement" is "the process building, altering, repairing, improving, or demolishing any public infrastructure facility"); see, 5-18B-43. Contract AR?. The purchasing agency awards one contract both preconstructi on services and services to the manager. See generally, S.D. Codified 's Role in AR "Each contract a public improvement shall have a licensed design pressional actively involved in the project from the start design through final completion as required by [the laws Laws 5-18A-regulating 1(5)-(6), (8), 5- "technical 18B-39 to -40, pressions," -42, -45. which include the pressions architecture, engineering, and landscape architecture, in] chapter 36-18A." S.D. Codified Laws 5-18B-45. Bidding in. S.D. Codified Laws 5-18A-4. Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 38

39 and Manager At- Statutory Matrix Tenn. Authorized by Whom and/or What Definitions on The ing Commission is authorized to approve the use build is an alternative delivery Not specified design-build projects involving method "typically "[a]ny improvement to real requiring approval at the property... in which the state inception the project, Tennessee or any its and characterized by an departments, institutions or evaluation potential agencies has an interest," and design and certain projects by public higher teams, joint ventures, or education institutions when a firms on factors request its use: "a) Provides qualifications and salient factors to justify the method and identify[] [its] experience, technical advantages; (b) Is accompanied approach, price and by a recommendation from the design.... wherein the Procurement Agency assuring the D/B team provides the Commission its ability to manage the processes; and, (c) Has been reviewed and is recommended by the State." Tenn. Code Ann (a); State Bldg. Comm'n Tenn., By-Laws, Policy And design, documents and the the project based on program and other criteria by the owner." Office the State Tenn., Procedure, 5.02, Delivery pt. 1, (B)(1)(c)- documents/sbcpolicymaster.pd (B)(2), at 1, pt. 6, (A), at f (last revised Feb. 2013); Office 14, the State Tenn., Delivery, pt. ce/osa/documents/adm 1, (B)(1)(c)-(B)(2), at 1, OSApolicy.pdf (last documents/admosapolicy.pdf updated Mar. 15, 2012). (last updated Mar. 15, 2012); see, Tenn. Code Ann (a)(1), -102, -104 (West 2013) (establishing the Bldg. Comm'ns authority to promulgate rules regarding the procurement services). Selecting er build contracts Not specified are awarded using a two-part process. First, design-build teams' qualifications and technical approaches are evaluated, and the best teams are shortlisted. Second, shortlisted teams respond to a request proposals, requiring submission both a design proposal and a sealed cost proposal. proposals are evaluated and scored first; sealed cost proposals second. The design-build team with the highest combined cost and evaluation score will be awarded the contract. Office the State Tenn., Delivery, pt. 6, (C), at 15, ance/osa/documents/ ADMOSApolicy.pdf (last updated Mar. 15, 2012); See, Tenn. Code Ann (c)-(d). Indep. Selected or Offerors? No. The "licensed pressional designer" that may be hired to develop the package contained in the request proposals may be retained "to assist the owner as appropriate throughout the project." Office the State Tenn., Delivery, pt. 6, (A), at 14-15, gov/finance/os A/documents/A DMOSApolic y.pdf (last updated Mar. 15, 2012). No. Though called a "bridging agent," this "licensed pressional designer" functions as a developer, and does not provide traditional "bridging" services. Office the State Tenn., Delivery, pt. 6, (A), at 14-15, n.gov/finance /OSA/docume nts/admo SApolicy.pdf (last updated Mar. 15, 2012). to Not specified. The "licensed pressional designer," called a "bridging agent," that develops the package contained in the request proposals is not specifically identified as being an architect. Office the State Tenn., Delivery, pt. 6, (A), at 14-15, n.gov/finance /OSA/docume nts/admo SApolicy.pdf (last updated Mar. 15, 2012). at at Authorized by Whom and/or What Arch. & The ing Commission is Not authorized to approve the use specified management, the conceptual equivalent manager at-risk, projects involving "[a]ny improvement to real property... in which the state Tennessee or any its departments, institutions or agencies has an interest," and certain projects by public higher education institutions when a request its use: "a) Provides salient factors to justify the method and identify[] [its] advantages; (b) Is accompanied by a recommendation from the Procurement Agency assuring the Commission its ability to manage the processes; and, (c) Has been reviewed and is recommended by the State." Tenn. Code Ann (a); State Bldg. Comm'n Tenn., By-Laws, Policy And Procedure, cuments/sbcpolicymaster.pdf (last revised Feb. 2013); Office the State Tenn., Delivery, pt. 1, (B)(1)(b)-(B)(2), at 1, cuments/admosapolicy.pdf (last updated Mar. 15, 2012); see, Tenn. Code Ann (a)(1), - 102, -104 (West 2013) (establishing the Bldg. Comm'ns authority to promulgate rules regarding the procurement services). Contract AR? 's Role in AR Bidding in Not specified Not specified Generally, yes; however, other processes may be used depending on the contract type, price, and other factors. Tenn. Code Ann (c)(1)-(2), (4), (d) (West 2013); see, Office the State Tenn., Delivery, n.gov/finance /OSA/docume nts/admo SApolicy.pdf (last updated Mar ). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 39

40 and Manager At- Statutory Matrix Tex. Authorized by Whom and/or What State agencies, public junior colleges, higher education facilities, and local governments, including: counties, municipalities, school districts, and other special districts or authorities, and political subdivisions the state, are authorized to use design-build to construct, alter, or repair public buildings or structures. Tex. Gov't Code Ann , ; Educ (b) (2013); see generally, Gov't (6) ("public work contract" definition). Definitions "'[D]esign-build' is a project delivery method by which a governmental entity contracts with a single entity to provide both design and services the, rehabilitation, alteration, or repair a facility." Tex. Gov't Code Ann (West 2013); accord, Educ (a)(1); see, Gov't ,.303. on Not required if an engineer is on the team. "A design-build firm... must be a sole proprietorship, partnership, corporation, or other legal entity or team that includes an architect or engineer and a contractor." Tex. Gov't Code Ann (West 2013) (emphasis added); accord, Educ (a)(2). Selecting er build contracts are awarded to the firm fering the best value as determined through a two-part process evaluating qualifications first and proposals second. Tex. Gov't Code Ann to.308 (West 2013); accord, Educ (d)-(f). Indep. Selected or Offerors? Not specified "The No governmental entity shall select or designate an architect or engineer independent the design-build firm to act as the governmental entity's representative the duration the project." Tex. Gov't Code Ann (West 2013); accord, Educ (c). to Only as required by law. "If the preparation the design criteria package requires architectural or engineering services that constitute the practice architecture... or the practice engineering..., those services shall be provided [by an architect or engineer, respectively,] in accordance with the applicable law." Tex. Gov't Code Ann (b); accord, Educ (d). at at Authorized by Whom and/or What State agencies, public junior colleges, higher education facilities, and local governments, including: counties, municipalities, school districts, and other special districts or authorities, and political subdivisions the state, are authorized to use manager at-risk to construct, alter, or repair public buildings or structures. Tex. Gov't Code Ann ,.251; Educ (a) (2013); see generally, Gov't (6) ("public work contract" definition). Arch. & "On or bee the selection a constructio n managerat-risk, the governmen tal entity shall select or designate an architect or engineer to prepare the constructio n documents the project." Tex. Gov't Code Ann (a) (West 2013); accord, Educ (c). Contract AR? The use a single contract is implied. Tex. Gov't Code Ann ,.258; Educ (a) 's Role in AR Bidding in Unclear. See. Tex. generally, Tex. Gov't Code Gov't Code Ann. Ann ; (West 2013); Educ but see, Gov't , Educ (e)-(h) ( manager-atrisk selection process). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 40

41 and Manager At- Statutory Matrix Utah Authorized by Whom and/or What Definitions on State agencies, public airport authorities, counties, cities, towns, local and special service At the state level, "'[d]esignbuild' means the procurement architectengineer Not specified services and districts are authorized to use by the use a design-build to construct and single contract with the repair certain buildings and structures, subject to certain restrictions. Utah Code Ann. 63G-6-501(3) (State ing design-build provider." At the local level, a "'[d]esign-buildproject' (a) means a building improvement or public works Board may authorize use DB) project costing over $250,000 with respect to which both (effective until May 1, 2013); the design and 63G-6-502(1)-(2) (public airport are provided in a single authority authorized to use DB contract with a contractor or transportation projects with combination contractors cost estimated at $50,000,000 capable providing designbuild services; and (b) does or more); (2), (4), (7), (12) ( projects with not include a building improvement or public works estimated cost exceeding project: (i) that is undertaken $250,000, counties, cities, by a local entity under towns, & local special service contract with a districts authorized to use DB to manager that guarantees the construct parks and recreational facilities, or construct or repair public contract price and is at risk any amount over the contract price; and (ii) each component which is buildings or structures); see competitively bid. 'generally, Utah Code Ann. services' means the 63G to -106, -201 to - engineering, architectural, 209, -501; Utah Admin. Code r to -2, -45 (2013). and other services necessary to mulate and implement a design-build project, including its actual." Utah Code Ann. 63G-6-103(9)(a), (4)-(5) (West 2013) (statute regarding state level designbuild effective until May 1, 2013). Selecting er build contracts No. For public are awarded to the airport proposer that is most authority advantageous to the projects, a governmental entity as stipulated fee determined by may be paid to competitive methods unsuccessful evaluating qualifications, ferors. Utah proposals, both, or Code Ann. other factors. Utah 63G-6- Admin. R (1)(b), 502(6)(c). (2)-(17) (two-step competitive sealed proposal process evaluating qualifications and proposals used by state agencies); Utah Code Ann. 63G-6-502(4)-(7) (two-step process evaluating qualifications and proposals public airport authority transportation project); (b)(ii) (competitive process awarding contract to responsible bidder based on "factors that the local entity uses to assess the ability a bidder to fully perm and in good faith the contract requirements" counties, towns, cities). Indep. Selected or Offerors? Not specified Not specified. Outside public airport authority projects, it is unclear whether a bridging or process is used. to Not specified. Identity developer used in public airport authority projects not specified. In other DB contexts, unclear whether a bridging or process is used. Utah Code Ann. 63G-6-502(6)(a). at at Authorized by Whom and/or What The Manager/General Contractor method has a broad and flexible definition that includes the elements that traditionally comprise manager atrisk, and is authorized use by state agencies and local school boards. See, Utah Code Ann. 63G-4-416(1) ("any type contract which will promote the best interests the state may be used...."); 63G-6-104(1)- (2) (application law to state agencies); 63G to -209 (procurement organization and authority); 53A (8) (use /GC projects costing more than $80,000); Utah Admin. Code r to -2, - 45(5)(d) (2013) (rule authority and definition Manager/General Contractor). Arch. & Precise time frame unclear, however, the Constructio n Manager/G eneral Contractor may be contracted with "early in a project to assist the developme nt a cost effective design." Utah Admin. Code r (5)(d). Contract AR? 's Role in AR Bidding in Not specified Not specified. Utah Code Ann. 63G-6-401(1) (effective until May 1, 2013) (West 2012); (1)(b)(i). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 41

42 and Manager At- Statutory Matrix Vt. Authorized by Whom and/or What The commissioner buildings and general services is authorized to use design-build to construct and repair state buildings. Vt. Stat. Ann. tit. 29, 152(a)(3), 161(a)(2) (West 2013). Definitions on Selecting er None provided Not specified bidding is used to solicit and award contracts. Vt. Stat. Ann. tit. 29, 161. Indep. Selected or Offerors? to at at Authorized by Whom and/or What Arch. & Not specified Not specified Not specified Not specified No The manager atrisk project delivery method specified Not is not expressly permitted, prohibited, or otherwise discussed. Contract AR? 's Role in AR Bidding in Not specified Not specified. Vt. Stat. Ann. tit. 29, 161(a)(1) Va. build is an authorized A "'[d]esign-build Not required project delivery method the contract' means a Commonwealth, and the higher contract between a public body and another party in education facilities, jail facilities, which the party and juvenile correction facilities. Va. Code Ann , (A)(13), , (West 2013) (Commonwealth may only use design-build the "types projects contracting with the public body agrees to both design and build the structure, roadway or other item specified in the contract." Va. Code Ann designated in the procedures adopted by the Secretary Administration"). are awarded using "a two-step competitive negotiation process." First, ferors are evaluated on qualifications and ranked. Second, the top-ranked ferors are evaluated on proposals. Va. Code Ann (B), (A)(1)(a); see, (elements competitive negotiation). No. In the jail facility context, unsuccessful responsive bidders may be compensated "if the authority determines that such payment is necessary to promote competition." Va. Code Ann Not specified Not specified Not specified management is Not an authorized project specified delivery method the Commonwealth, and the higher education facilities, jail facilities, and juvenile correction facilities. Va. Code Ann , (A)(13), , Not specified Not specified. Va. Code Ann (D). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 42

43 and Manager At- Statutory Matrix V.I. No Authorized by Whom and/or What Not expressly authorized, and it is unclear whether the Commissioner Property and Procurement's duty to "purchase or contract all supplies, materials, equipment and contractual services" includes the authority to use design/build contracts. V.I. Stat Ann. tit. 31, 232(1) (2013); see generally, tit. 29, 1197(a)(3) (discussing an exception to competitive bidding requirements involving design/build contracts). Definitions on Selecting er None provided Not specified bidding is used to award all contracts; however, advertising bids is not required when determined that it is in "the best interest good administration that contracts... be made without such advertisement...." V.I. Code Ann. tit. 29, 1107(a)(3); tit. 31, 236(a) (2013). Indep. Selected or Offerors? to at at Authorized by Whom and/or What Arch. & Not specified Not specified Not specified Not specified No Not expressly permitted, prohibited, or otherwise discussed. It is unclear whether the Commissioner Property and Procurement's duty to "purchase or contract all supplies, materials, equipment and contractual services" includes the authority to use manager at-risk contracts. V.I. Stat Ann. tit. 31, 232(1) (2013). Not specified Contract AR? 's Role in AR Bidding in Not specified Not specified. V.I. Code Ann. tit. 31, 236(a) (2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 43

44 and Manager At- Statutory Matrix Wash. Authorized by Whom and/or What Definitions on "[A]ny general or special "'build procedure' Not specified purpose government, including means a contract but not limited to: state between a public body agencies, institutions higher and another party in education, counties, cities, which the party agrees to towns, ports, school districts, both design and build the and special purpose districts," facility, portion the may use design-build to facility, or other item construct public works projects specified in the contract." that are estimated to cost in Wash. Rev. Code Ann. excess $10,000,000 "and (5) (West where: (a) The design and 2013). activities, technologies, or schedule to be used are highly specialized and a design-build approach is critical in developing the methodology or implementing the proposed technology; or (b) The project design is repetitive in nature and is an incidental part the installation or ; or (c) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design." The authority to use design-build contracts sunsets July 1, Wash. Rev. Code Ann (1), (1), (12)-(13), Selecting er designbuild services are awarded through a competitive, two-step process. First, qualifications are solicited and evaluated. Second, topscoring firms are issued a request proposals, which are subsequently evaluated and scored. The contract is awarded to the firm with the highest scoring proposal. Wash. Rev. Code Ann (West 2013). Indep. Selected or Offerors?. "The public body shall provide appropriate honorarium payments to finalists submitting responsive proposals that are not awarded a design-build contract. Honorarium payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects." The amount to be paid will be stated in the request qualifications. Wash. Rev. Code Ann (1)(f), (5) The "[e]mployment staff or consultants with expertise and prior experience in the management comparable projects" is required design-build projects; however, it is unclear whether those staff or consultants may, or must, be architects. Wash. Rev. Code Ann (1)(b) Not specified. A bridging process is used, however, it is unclear whether an architect is required to participate in the process. Wash. Rev. Code Ann (3)( a); see generally, (5) ("'[a]rchitectu ral and engineering services' or 'pressional services'" are grouped together in public contract provisions). to at at Authorized by Whom and/or What No "[A]ny general or special purpose government, including but not limited to state agencies, institutions higher education, counties, cities, towns, ports, school districts, and special purpose districts," may use the general contractor/ manager procedure (the substantive equivalent to manager at-risk) public works, where: (1) Implementation the project involves complex scheduling, phasing, or coordination; (2) The project involves at an occupied facility which must continue to operate during ; (3) The involvement the general contractor/ manager during the design stage is critical to the success the project; (4) The project encompasses a complex or technical work environment; or (5) The project requires specialized work on a building that has historic significance. The authority to use GC/ contracts sunsets July 1, Wash. Rev. Code Ann , (1), (6), (12)-(13), (West 2013); see generally, to.410. Arch. & "Public bodies should select general contractor/ constructio n managers early in the life public works projects, and in most situations no later than the completion schematic design." Wash. Rev. Code Ann (1 ). Contract AR? The use a single contract is implied. Wash. Rev. Code Ann (6) (West 2013); see also, 's Role in AR "To the extent appropriate, [the GM/ contract will Bidding in By definition, contracts are "awarded" provide ] onsite competitive through architectural bidding. or engineering Wash. Rev. representative Code Ann. s during major (1); or see generally, installation phases...." to -901; but Wash. Rev. see, Code Ann (1)(d (GC/s ). solicited and selected through a competitive process evaluating qualifications and proposals). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 44

45 and Manager At- Statutory Matrix W. Va. Authorized by Whom and/or What "[S]tate departments, agencies, authorities, quasi-public corporations and all political subdivisions, including cities, counties, boards education and public service districts" are authorized to use design-build public projects subject to certain requirements, including: the project delivery method's use serving the public's best interest. W. Va. Code Ann. 5-22A-3 (West 2013); see generally, 5-22A-2(1) ("agency" definition), West Virginia Procurement Act, W. Va. Code Ann. 5-22A-1 to -16. Definitions "'build' is defined as providing responsibility within a single contract design, or alteration a building or buildings... in which services within the scope practice pressional engineering or architecture... are permed by an engineer or architect... and in which services within the scope contracting... are permed by a contractor.... 'build contract' means the contract between an agency and a designbuilder to furnish the architecture, engineering, and related services as required, a given public project, and to furnish the labor, materials and other services the same public project.... 'builder' means the entity... that proposes to design and construct any public project...." W. Va. Code Ann. 5-22A- 2(4)-(6) on Not required. "Each designbuilder shall be licensed to do business in this state and be a licensed architect or engineer or a general contractor. Each design-build may: [a]ssign or sublet the responsibility pressional design services to an architect or engineer licensed in this state." W. Va. Code Ann. 5-22A-7(a)-(b)(1) Selecting er builders are selected through a twophase process. First, qualifications are evaluated and the most qualified designbuilders are shortlisted. Second, shortlisted design-builders are issued a request proposals, separate technical and cost proposals, which are evaluated and scored. The contract is awarded to designbuilder with the highest scoring proposal. W. Va. Code Ann. 5-22A-9 to -12 Indep. Selected or Offerors? No. "At the discretion the agency, a stipend may be paid to the design-builders not ultimately selected." W. Va. Code Ann. 5-22A-11(h) No. The agency's "permance criteria developer," an architect or an engineer, is retained "through final completion the project to monitor adherence to the permance criteria." W. Va. Code Ann. 5-22A-8(a) (West 2013); see, 5-22A-13. No to No. The No agency's "permance criteria developer" may be an architect or an engineer. W. Va. Code Ann. 5-22A-8(a) at at Authorized by Whom and/or What No provisions expressly or implicitly permitting, prohibiting, or otherwise discussing the project delivery method's use. Arch. & Contract AR? 's Role in AR Bidding in W. Va. Code Ann (c) (West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 45

46 and Manager At- Statutory Matrix Wis. Authorized by Whom and/or What build contracts may be used " the a sheriff's department training academy" located within a county with a population 500,000 or more. The state building commission may authorize "innovative types design and processes" building projects when such processes "will make better use the resources and technology available in the building industry," which could feasibly include design-build. Wis. Stat. Ann (13), 13.48(19) Definitions on Selecting er Indep. Selected or Offerors? to at at Authorized by Whom and/or What None provided Not specified Not specified Not specified Not specified Not specified Not specified No No provisions expressly permitting, prohibiting, or otherwise discussing the project delivery method's use. However, the state building commission may authorize "innovative types design and processes" building projects when such processes "will make better use the resources and technology available in the building industry," which could feasibly include manager atrisk. Wis. Stat. Ann (19) Arch. & Contract AR? 's Role in AR Bidding in Wis. State. Ann (a),.855(a) West 2013). Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 46

47 and Manager At- Statutory Matrix Wyo. Authorized by Whom and/or What The State, counties, cities, towns, and the political subdivisions there, are authorized to use design-build to "design, construct, alter, repair or maintain public works projects." Wyo. Stat. Ann (b) (West 2013); accord, (a)(iii), (v), (ix); see also, (f)(v)(H) (use by school facilities department). Definitions "'build' means a type delivery method in which there is a single contract between the public entity and a design-builder who furnishes architectural, engineering and other related design services as required the public project, as well as labor materials and other services necessary to construct the project.... 'builder' means an entity that provides design-build services as described [in the design-build definition]... whether by itself or through subcontractual arrangements with other entities...." Wyo. Stat. Ann (a)(ix)-(x). on Not required. The architectural services provided in the design-build contract may be provided by the design-builder or through subcontractual arrangements. However, the "the names the prime consultants used architectural and engineering design services" must be identified in the response to a request proposals. Wyo. Stat. Ann (a)(ix)-(x), - 707(b)(viii). Selecting er estimated to No. cost less than or equal to $500,000 are awarded using qualifications-based selection. estimated to cost more than $500,000 are awarded to the designbuilder providing the best overall value, as determined through a two-step process in which qualifications are evaluated first, and fixed scope or fixed price proposals are evaluated second. Wyo. Stat. Ann (a)(ix)(A)-(D). Indep. Selected or Offerors? Unsuccessful respondents may be compensated their proposal at the public entity's discretion. Wyo. Stat. Ann (a)(ix)(E). Not specified to Not specified. Not specified. Process The use a preparing the "schematic process design and fixed scope detailed requests description proposals is all materials implied, and products however, the proposed to details this accommodate process, a preliminary including project whether an program" architect is contained in a required, are fixed price unclear. Wyo. request Stat. Ann. proposal is not described, 701(a)(ixia). including the identity the preparer(s). Wyo. Stat. Ann (a)(xi). at at Authorized by Whom and/or What The state, counties, cities, towns, and the political subdivisions there, are authorized to use manager at-risk to "design, construct, alter, repair or maintain public works projects." Wyo. Stat. Ann (b) (West 2013); accord, Arch. & Not specified. Contractual sequence unclear, however, the constructio n manager at-risk is 701(a)(v), (vii); see also, 21-involved (f)(v)(H) (use by "throughou school facilities t the department). preconstruc tion phase a project." Wyo. Stat. Ann (a)(vii). Contract AR?. See, Wyo. Stat. Ann (a)(vii). 's Role in AR Not specified Bidding in Generally, yes. Wyo. Stat. Ann (a) Last Rev. March 2013 The inmation in this publication is not intended to be a source legal advice or opinion. 47