2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:2225.2.6. Design-build contracts; authorized use by airports; air traffic control tower and hangar

RS 38:2225.2.6 - Design-build contracts; authorized use by airports; air traffic control tower and hangar
A. Notwithstanding any other provision of law to the contrary, a public airport may use the design-build project delivery method to contract for construction and design-build of an air traffic control tower or hangar development and redevelopment project when deemed in the public interest, beneficial to the entity, and in accordance with the procedures set forth by law.
B. The following are considerations for using the design-build delivery method:
(1) Collaboration and cost control.
(2) Concurrent execution of design and construction.
(3) Complex project with a restrictive time frame.
(4) Public entity, designer, and contractor with mutual project goals.
(5) Risk identification controlled by entity.
(6) Minimization of the risk of construction and design disputes by using a collaborative process.
C.(1) For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.
(2) Every design-builder shall be duly licensed and registered to do business in the state of Louisiana as either an architect, an engineer, or a general contractor. Each design-builder shall have the following rights and powers:
(a) The design-builder may sublet responsibility for professional design services to an individual, firm, or corporation duly licensed and registered in the state of Louisiana to provide design services.
(b) The design-builder may sublet responsibility for construction or other services requiring a contractor's or trade subcontractor's license to persons or entities duly registered, licensed, or otherwise qualified to provide those services as required by law.
D. Prior to any submittal of a proposal on a design-build project, the following requirements shall be met:
(1)(a) All engineering and surveying firms providing design and design-related services with the design-builder to which the design-build contract is awarded shall be licensed to perform those services by the Louisiana Professional Engineering and Land Surveying Board.
(b) All architectural firms providing design services with the design-builder to which the design-build contract is awarded shall be licensed to perform those services by the Louisiana State Board of Architectural Examiners or the Louisiana Horticulture Commission.
(c) All contractors performing construction work for the design-build contract shall be licensed by the Louisiana State Licensing Board for Contractors.
(2) A two-stage selection process that will utilize a request for qualifications graded and judged by a primary evaluation committee and a request for technical proposals graded and judged by a separate technical review committee shall be used to select the design-builder and shall include the following specific provisions:
(a)(i) Public announcement procedures for the solicitation of interested design-build competitors and a procedure for requesting letters of interest and statements of qualifications from qualified firms or teams.
(ii) Public announcement procedures shall include a requirement for the advertisement in the official journal of the municipality in which the project is to take place.
(iii) All notices of intent to select design-build contractors shall be advertised a minimum of thirty days prior to the deadline for receipt of responses and shall contain a brief description of the project, the required scope of services, the members of the primary evaluation committee, and sufficient information for design-build entities to determine their interest.
(b) Decisions by the primary evaluation committee shall be made on the basis of the criteria set forth in this Subsection. Members of the primary evaluation committee may serve as members of the technical review committee. Each member of the technical review committee shall score assigned elements. Scores shall be considered public information.
(3) The airport shall provide a request for a qualifications package to design-builders who submit a letter of interest. All required information shall be identified in the request for qualifications package and in standard response form. The response to a request for qualifications package shall include statements of qualifications. The completed response form and any other required information shall be transmitted by the responding design-builder by the deadline to submit forms and information as provided in the request for qualifications package. Any response failing to meet all of the requirements contained in the request for qualifications package shall not be considered. False and misrepresented information furnished in response to a request for qualifications package shall be grounds for rejection.
(4)(a) The primary evaluation committee shall evaluate the responses to the request for qualifications package received by the airport. The following general criteria used by the primary evaluation committee in evaluating responses to the request for qualifications package for design-build services shall apply to both the design and construction components of any responding entity:
(i) Professional training and experience of both the design and construction entity components and of key personnel in general and as related to the project under construction.
(ii) Capacity for timely completion of the work.
(iii) Past performance on projects of a similar nature to the project described in the notice of intent.
(iv) The quantity and value of work awarded to both the design and construction entity components.
(b) The primary evaluation committee may consider additional project-specific needs, including but not limited to the design-builder's past projects in the same metropolitan statistical area as the proposed project and the domicile address of the responding design-builder verified by the secretary of state online business filing database.
(c) The primary evaluation committee shall consist of a minimum of five members designated by the head of the airport according to the rules established pursuant to this Subsection. One of the members of the primary evaluation committee shall be a licensed contractor in the discipline of the project and one member shall be a licensed design professional in the discipline of the project, neither of which shall have any involvement in the project.
(d) The primary evaluation committee shall evaluate the qualifications of responding design-builders on the basis of the criteria set forth in this Subsection and the rules established pursuant to this Subsection and shall select a short list of no fewer than three of the highest rated entities. However, if fewer than three responses are received, the head of the airport may approve proceeding with the design-build process. The primary evaluation committee may, at its discretion, be assisted by other airport personnel in its evaluation of a design-builder's qualifications. The primary evaluation committee shall present its short list to the head of the airport. The shortlisted design-builders shall be invited to submit a detailed technical proposal for the design-build project. The invitation to the shortlisted entities shall specify a deadline for submission of proposals.
(5)(a) The specific requirements of the technical proposal shall be identified by the airport to the design-builders making the shortlist by means of a "Scope of Services Package". The technical proposal shall include design strategy, preliminary design concepts, fundamental requirements, quality standards, capacities, materials, the schedule of commencement and completion, and a lump sum for all services in fulfillment of the requirements and within the constraints of the "Scope of Services Package". Any and all weighing or grading factors that will be used to judge the technical proposal shall be identified in the "Scope of Services Package".
(b) The airport may compensate unsuccessful and responsive shortlisted entities for the expense of preparing the technical proposal. The amount shall be predetermined by the airport and shall be identified in the "Scope of Services Package". The airport may use concepts submitted by any paid shortlisted design-builder in the construction of the project.
(6) A technical review committee for the evaluation of design-build proposals shall be established according to the rules set forth in this Subsection. The technical review committee members shall include construction professionals as defined by the rules established in this Subsection. The technical review committee shall identify specific technical elements of the project, depending on the characteristics of the project, that will be included in the technical score, and those shall be identified in the "Scope of Services Package". The technical review committee may select additional engineering, architectural, construction, and other technical experts to serve as committee members. The technical review committee shall select one member to serve as chairman of the committee.
(a) An adjusted score approach shall be used by the airport in determining the winning proposal. The adjusted score shall be determined using the following components:
(i) Technical score shall be determined by any weighing factors assigned to each element depending on its relative magnitude or significance to the overall project. Each technical review committee member shall rate their assigned element of the proposal from each of the design-builders on the shortlist and shall submit their score to the chairman of the technical review committee. The schedule and price components shall not be made known to the technical review committee during the scoring process. The chairman of the technical review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal. Prior to determining the adjusted score, the chairman of the technical review committee shall notify each design-builder in writing of their final technical score. All information pertaining to the technical review committee, including that of the committee chairman, shall be public information.
(ii) The time value, consisting of the product of the design-builders proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the airport and identified in the "Scope of Services Package".
(iii) The price proposal submitted by the shortlisted design-builders.
(b) The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each entity's design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by the Technical Score. Use of the time value is not mandatory and if not used, the adjusted score shall be determined by the following formula: Adjusted Score = Price Bid divided by the Technical Score.
(7) Design-builders who have submitted bona fide proposals may, within seven days of the announcement of the award, challenge the award by submitting a letter to the head of the airport describing in detail the reasons for the challenge. The head of the airport shall have the authority to resolve any challenge concerning the award of a contract. A written decision shall be rendered within fourteen days of the timely receipt of the challenge and shall be mailed or otherwise furnished immediately to the design-builder making the challenge. The decision shall be final and conclusive unless the decision is fraudulent or if the person adversely affected by the decision has timely appealed to the court of proper venue for the airport.
E. Once the design-builder has been chosen and a contract for a stipulated schedule and sum certain price is executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the design-builder had no knowledge and should not have had knowledge as a reasonable possibility existing at the site or concerning the design and construction.
F. The provisions of this Section shall supersede any conflicting provisions of any other law, including but not limited to the requirements of this Chapter.
Acts 2023, No. 244, §1.