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Regular Session, 2013 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 102
BY SENATOR ADLEY AND REPRESENTATI VE ORTEGO
A CONCURRENT RESOLUTI ON
To establish 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 and to require
such task force to make recommendations for guidelines for utilization of the design-
build method of contracting for publicly funded projects.
WHEREAS, use of the design-build method of contracting by state and local entities
is prohibited unless specifically authorized by law; and
WHEREAS, the Department of Transportation and Development is authorized to
utilize the design-build method of contracting as provided in R.S. 48:250.2 and 250.3; and
WHEREAS, a pilot design-build program for Louisiana's ports which terminates
December 31, 2015, is authorized by Act No. 755 of the 2012 Regular Session of the
Legislature which enacted R.S. 34:3523; and
WHEREAS, Hurricane Katrina made landfall in Louisiana near Buras on August 29,
2005; and
WHEREAS, Hurricane Rita made landfall in Louisiana just south of Sabine Pass on
September 24, 2005; and
WHEREAS, Hurricane Katrina and Hurricane Rita caused unprecedented damage
in Louisiana; and
WHEREAS, Act No. 373 of the 2007 Regular Session of the Legislature enacted R.S.
38:2225.2.1 to authorize use of the design-build method in the construction or repair of any
public building or structure, which had been destroyed or damaged by Hurricane Katrina,
Hurricane Rita, or both, for a two-year period, from July 10, 2007 to July 10, 2009, by the
division of administration, the Recovery School District, the city of New Orleans, and parish
governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St.
Tammany, and Vermillion Parishes, and the Port of New Orleans; and SCR NO. 102 ENROLLED
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WHEREAS, Act No. 184 of the 2009 Regular Session of the Legislature amended
R.S. 38:2225.2.1 to expand authority for use of design-build contracts to include any public
building or structure to be constructed or repaired to meet homeland security or criminal
justice needs pursuant to a hurricane recovery plan, and to include sheriffs and housing
authorities in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St.
Tammany, and Vermillion Parishes, and to extend the length of time from two years to three
years from July 10, 2007, for utilization of the design-build method for projects of certain
parishes or entities or until July 10, 2010; and
WHEREAS, Act No. 819 of the 2010 Regular Session of the Legislature amended
R.S. 38:2225.2.1 to extend the length of time from three years to four years from July 10,
2007, for utilization of the design-build method for projects of certain parishes or entities or
until July 10, 2011; and
WHEREAS, Act No. 170 of the 2011 Regular Session of the Legislature amended
R.S. 38:2225.2.1 to extend the length of time from four years to five years from July 10,
2007, for the utilization of the design-build method for projects of certain parishes or entities
or until July 10, 2012; and
WHEREAS, Act No. 354 of the 2012 Regular Session of the Legislature amended
R.S. 38:2225.2.1 to extend the length of time from five years to six years from July 10, 2007,
for the utilization of the design-build method and expanded its authorized use to include the
Orleans Parish School Board for projects of certain parishes or entities or until July 10, 2013;
and
WHEREAS, House Bill No. 559 by Representative Brossett of the 2013 Regular
Session of the Legislature proposes to amend R.S. 38:2225.2.1 to extend the time for use of
design-build contracting from six years to seven years from July 10, 2007, or until July 10,
2014, for the Recovery School District and the Orleans Parish School Board, and to extend
the time for use of design-build contracting from six years to eight years from July 10, 2007,
or until July 10, 2015, for the Sewerage and Water Board of New Orleans; and
WHEREAS, repeated extensions of time of design-build authority has raised
objections from representatives of engineer, architect, and contractor organizations.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana establishes the SCR NO. 102 ENROLLED
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Design-Build Task Force to study all issues and disputes related to the use of the design-
build method to contract for projects with public funds and the continued extension of
design-build contracting authority, to determine the benefits and costs of the design-build
method of contracting, to compile a listing of pros and cons when the design-build method
of contracting is utilized for publicly funded projects, to address such issues, to resolve
disputes, to develop an approach to determine best practices for use of the design-build
method of contracting, to determine guidelines or criteria for utilization of the design-build
method of contracting by the state and its political subdivisions for public projects which
spend public funds, to determine an approval procedure applicable to the use of design-build
contracts for publicly funded projects, and to report all such matters to the House and Senate
Committees on Transportation, Highways, and Public Works, including recommendations
for legislation relative to future use of the design-build method for contracting of public
projects with public funds.
BE IT FURTHER RESOLVED that the Design-Build Task Force shall comprise the
following members:
(1) The president of the Senate or his designee.
(2) The speaker of the House of Representatives or his designee.
(3) The chair of the Senate Committee on Transportation, Highways, and Public
Works or his designee.
(4) The chair 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 the office 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. SCR NO. 102 ENROLLED
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(11) A representative of the Ports Association of Louisiana.
BE IT FURTHER RESOLVED that the members of this task force shall serve
without compensation, except per diem or expenses reimbursement to which they may be
individually entitled as members of the organizations they represent.
BE IT FURTHER RESOLVED that the speaker of the House of Representatives or
his designee shall act as chairman of the task force and the president of the Senate or his
designee shall act as vice chairman.
BE IT FURTHER RESOLVED that a majority of the total membership shall
constitute a quorum of the task force and any official action by the task force shall require
an affirmative vote of a majority of the quorum present and voting.
BE IT FURTHER RESOLVED that the names of the members chosen or designated
as provided herein shall be submitted to the chairman of the task force not later than August
1, 2013, and that the chairman shall thereafter call the first meeting of the task force not later
than September 15, 2013.
BE IT FURTHER RESOLVED that the task force shall meet as necessary and shall
submit its report of findings and recommendations to the chairmen of the House and Senate
Committees on Transportation, Highways, and Public Works, not later than January 15,
2014.
BE IT FURTHER RESOLVED that the task force shall terminate not later than
March 31, 2014.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the secretary of the Department of Transportation and Development, to the director of the
office of facility planning and control of the division of administration, the American
Council of Engineering Companies of Louisiana, the Louisiana Architects Association, the
Louisiana Associated General Contractors, the Associated Builders and Contractors, and the
Ports Association of Louisiana.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES