2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 4 - STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS (§§ 32-4-1 — 32-4-123) › Article 3 - COUNTY ROAD SYSTEMS (§§ 32-4-40 — 32-4-75) › Part 2 - EXERCISE BY COUNTIES OF POWER TO CONTRACT GENERALLY (§§ 32-4-60 — 32-4-75) › Section 32-4-74 - Design-build procedure

(a)
As used in this Code section, the term:
(1)
"Design-build procedure" means a method of contracting under which a county contracts with another party that will both design and build the structures, facilities, systems, and other items specified in the contract.
(2)
"Project" means a transportation related undertaking which provides a public benefit.
(b)
A county may use the design-build procedure for projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained.
(c)
When a county determines that it is in the best interests of the public, a county may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of Code Section
32-4-63
; provided, however, that construction activities shall not begin on any portion of such project until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the county and all railroad crossing and utility agreements have been executed.
(d)
A county shall adopt by resolution procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1)
Prequalification requirements;
(2)
Public advertisement procedures;
(3)
Request for qualification requirements;
(4)
Request for proposal requirements;
(5)
Criteria for evaluating technical information and project costs;
(6)
Criteria for selection and award process, provided that the resolution shall specify that the criteria for selection shall consist of the following minimum two components for any two-step procurement process:
(A)
A statement of qualifications from which a county will determine a list of qualified firms for the project, provided that, if a county determines it is in the county's best interest, it may omit this requirement and move directly to a one-step procurement process through the issuance of a request for proposal from which a county may select the lowest qualified bidder; and
(B)
From the list of qualified firms as provided in subparagraph (A) of this paragraph, a technical proposal and a price proposal from each firm from which a county shall select the lowest qualified bidder or, in the event a county uses the best value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposal which shall include, at a minimum, a weighted cost component and a technical component. A proposal shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section
36-91-21
, under no circumstances shall a county use a "best and final offer" standard in awarding a contract in order to induce one proposer to bid against an offer of another proposer. A county may provide for a stipulated fee to be awarded to the short list of qualified firms that provide a responsive, successful proposal. In consideration for paying the stipulated fee, a county may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers;
(7)
Identification of those projects that a county believes are candidates for design-build contracting; and
(8)
Criteria for resolution of contract issues. A county may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure. Regardless of the status or disposition of the issue or dispute, the design-builder and a county shall continue to perform their contractual responsibilities. This paragraph shall not prevent an aggrieved party from seeking judicial review.
(e)
In contracting for design-build projects, a county shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year.
(f)
Any firm selected for a design-build project shall self-perform at least 30 percent of the project.
Added by 2022 Ga. Laws 851,§ 2, eff. 7/1/2022.
Renumbered as §
32-4-75
by 2022 Ga. Laws 851,§ 2, eff. 7/1/2022.