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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 102
BY SENATOR ADLEY
PUBLIC CONTRACTS. Establishes a task force to study and make recommendations
relative to the authority for and use of the design-build method for contracts by public
entities.
A CONCURRENT RESOLUTI ON1
To establish a task force to study and make recommendations relative to the authority for2
and use of the design-build method for contracts by public entities and to require3
such task force to make recommendations for guidelines for utilization of the design-4
build method of contracting for publicly funded projects.5
WHEREAS, use of the design-build method of contracting by state and local entities6
is prohibited unless specifically authorized by law; and7
WHEREAS, the Department of Transportation and Development is authorized to8
utilize the design-build method of contracting as provided in R.S. 48:250.2 and 250.3; and9
WHEREAS, a pilot design-build program for Louisiana's ports which terminates10
December 31, 2015, is authorized by Act No. 755 of the 2012 Regular Session of the11
Legislature which enacted R.S. 34:3523; and12
WHEREAS, Hurricane Katrina made landfall in Louisiana near Buras on August 29,13
2005; and14
WHEREAS, Hurricane Rita made landfall in Louisiana just south of Sabine Pass on15
September 24, 2005; and16
WHEREAS, Hurricane Katrina and Hurricane Rita caused unprecedented damage17
in Louisiana; and18 SCR NO. 102
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WHEREAS, Act No. 373 of the 2007 Regular Session of the Legislature enacted R.S.1
38:2225.2.1 to authorize use of the design-build method in the construction or repair of any2
public building or structure, which had been destroyed or damaged by Hurricane Katrina,3
Hurricane Rita, or both, for a two-year period, from July 10, 2007 to July 10, 2009, by the4
division of administration, the Recovery School District, the city of New Orleans, and parish5
governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St.6
Tammany, and Vermillion Parishes, and the Port of New Orleans; and7
WHEREAS, Act No. 184 of the 2009 Regular Session of the Legislature amended8
R.S. 38:2225.2.1 to expand authority for use of design-build contracts to include any public9
building or structure to be constructed or repaired to meet homeland security or criminal10
justice needs pursuant to a hurricane recovery plan, and to include sheriffs and housing11
authorities in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St.12
Tammany, and Vermillion Parishes, and to extend the length of time from two years to three13
years from July 10, 2007, for utilization of the design-build method for projects of certain14
parishes or entities or until July 10, 2010; and15
WHEREAS, Act No. 819 of the 2010 Regular Session of the Legislature amended16
R.S. 38:2225.2.1 to extend the length of time from three years to four years from July 10,17
2007, for utilization of the design-build method for projects of certain parishes or entities or18
until July 10, 2011; and19
WHEREAS, Act No. 170 of the 2011 Regular Session of the Legislature amended20
R.S. 38:2225.2.1 to extend the length of time from four years to five years from July 10,21
2007, for the utilization of the design-build method for projects of certain parishes or entities22
or until July 10, 2012; and23
WHEREAS, Act No. 354 of the 2012 Regular Session of the Legislature amended24
R.S. 38:2225.2.1 to extend the length of time from five years to six years from July 10, 2007,25
for the utilization of the design-build method and expanded its authorized use to include the26
Orleans Parish School Board for projects of certain parishes or entities or until July 10, 2013;27
and28
WHEREAS, House Bill No. 559 by Representative Brossett of the 2013 Regular29
Session of the Legislature proposes to amend R.S. 38:2225.2.1 to extend the time for use of30 SCR NO. 102
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design-build contracting from six years to seven years from July 10, 2007, or until July 10,1
2014, for the Recovery School District and the Orleans Parish School Board, and to extend2
the time for use of design-build contracting from six years to eight years from July 10, 2007,3
or until July 10, 2015, for the Sewerage and Water Board of New Orleans; and4
WHEREAS, repeated extensions of time of design-build authority has raised5
objections from representatives of engineer, architect, and contractor organizations. 6
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana establishes the7
Design-Build Task Force to study all issues and disputes related to the use of the design-8
build method to contract for projects with public funds and the continued extension of9
design-build contracting authority, to determine the benefits and costs of the design-build10
method of contracting, to compile a listing of pros and cons when the design-build method11
of contracting is utilized for publicly funded projects, to address such issues, to resolve12
disputes, to develop an approach to determine best practices for use of the design-build13
method of contracting, to determine guidelines or criteria for utilization of the design-build14
method of contracting by the state and its political subdivisions for public projects which15
spend public funds, to determine an approval procedure applicable to the use of design-build16
contracts for publicly funded projects, and to report all such matters to the House and Senate17
Committees on Transportation, Highways, and Public Works, including recommendations18
for legislation relative to future use of the design-build method for contracting of public19
projects with public funds.20
BE IT FURTHER RESOLVED that the Design-Build Task Force shall comprise the21
following members:22
(1) The president of the Senate or his designee.23
(2) The speaker of the House of Representatives or his designee.24
(3) The chair of the Senate Committee on Transportation, Highways, and Public25
Works or his designee.26
(4) The chair of the House Committee on Transportation, Highways, and Public27
Works or his designee.28
(5) The secretary of the Department of Transportation and Development or his29
designee.30 SCR NO. 102
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(6) The director of the office of facility planning and control of the division of1
administration or his designee.2
(7) A representative of the American Council of Engineering Companies of3
Louisiana.4
(8) A representative of the Louisiana Architects Association.5
(9) A representative of the Louisiana Associated General Contractors.6
(10) A representative of the Associated Builders and Contractors.7
(11) A representative of the Ports Association of Louisiana.8
BE IT FURTHER RESOLVED that the members of this task force shall serve9
without compensation, except per diem or expenses reimbursement to which they may be10
individually entitled as members of the organizations they represent.11
BE IT FURTHER RESOLVED that the speaker of the House of Representatives or12
his designee shall act as chairman of the task force and the president of the Senate or his13
designee shall act as vice chairman. 14
BE IT FURTHER RESOLVED that a majority of the total membership shall15
constitute a quorum of the task force and any official action by the task force shall require16
an affirmative vote of a majority of the quorum present and voting.17
BE IT FURTHER RESOLVED that the names of the members chosen or designated18
as provided herein shall be submitted to the chairman of the task force not later than August19
1, 2013, and that the chairman shall thereafter call the first meeting of the task force not later20
than September 15, 2013.21
BE IT FURTHER RESOLVED that the task force shall meet as necessary and shall22
submit its report of findings and recommendations to the chairmen of the House and Senate23
Committees on Transportation, Highways, and Public Works, not later than January 15,24
2014.25
BE IT FURTHER RESOLVED that the task force shall terminate not later than26
March 31, 2014.27
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted28
to the secretary of the Department of Transportation and Development, to the director of the29
office of facility planning and control of the division of administration, the American30 SCR NO. 102
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Council of Engineering Companies of Louisiana, the Louisiana Architects Association, the1
Louisiana Associated General Contractors, the Associated Builders and Contractors, and the2
Ports Association of Louisiana.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Adley SCR No. 102
Establishes the Design-Build Task Force to study all issues and disputes related to use of
the design-build contracting authority by the state and political subdivisions for public
projects with public funds, to address such issues, to resolve disputes, to develop an
approach to determine the best use of design-build contracts, to determine when and how
design-build contracts should be used, to determine an approval procedure for the use of
design-build contracts, and to report all such matters to the House and Senate Committees
on Transportation, Highways, and Public Works not later than January 15, 2014, and to
terminate not later than March 31, 2014.
Comprises the task force of:
(1)The president of the Senate or his designee.
(2)The speaker of the House or his designee.
(3)The chairman of the Senate Committee on Transportation, Highways, and Public
Works or his designee.
(4)The chairman of the House Committee on Transportation, Highways, and Public
Works or his designee.
(5)The secretary of the Department of Transportation and Development or his designee.
(6)The director of facility planning and control of the division of administration or his
designee.
(7)A representative of the American Council of Engineering Companies of Louisiana.
(8)A representative of the Louisiana Architects Association.
(9)A representative of the Louisiana Associated General Contractors.
(10)A representative of the Associated Builders and Contractors.
(11)A representative of the Ports Association of Louisiana.
Specifies that the members of the task force serve without compensation, except for such
reimbursement or per diem they are individually entitled to as members of the organization
they represent. Names the speaker of the House of Representatives or his designee as the
chairman and the president of the Senate or his designee as the vice chairman. Provides that
the names of the members shall be submitted to the chairman of the task force by August 1,
2013, and that the chairman shall call the first meeting of the task force not later than
September 15, 2013.