2025 Session Last amended: 2014 session

§ 161.3412 — Design-build Authority

Plain-Language Summary

The Commissioner of Transportation may award design-build contracts using a best-value selection process, bypassing standard competitive bidding rules. The number of design-build contracts awarded in any fiscal year cannot exceed ten percent of the total construction contracts awarded in the previous year. The commissioner must notify legislative committees each time the design-build method is chosen and explain why.

Practical Notes
Design-build contracting is an alternative to traditional bid-based procurement and is capped to ensure it is used selectively. The best-value selection process allows the state to consider factors beyond just price when choosing a contractor. Municipalities retain their consent rights over state transportation projects that go through their jurisdictions even when using design-build.