Louisiana 2021 2021 Regular Session

Louisiana House Bill HB606 Introduced / Bill

                    HLS 21RS-996	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 606
BY REPRESENTATIVE BRASS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION DEPT:  Provides for the Department of Transportation and
Development design-build contracts
1	AN ACT
2To amend and reenact R.S. 48:250.2(A) and (B) and 250.3(C) through (E), relative to the
3 Department of Transportation and Development design-build contracts; to provide
4 for a pool of pre-qualified design-builders; to remove legislative approval for the
5 department to use of design-build; to expand the qualification specific to the type of
6 work experience of design component members; to provide for an effective date; and
7 to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 48:250.2 and 250.3(C) and (E) are hereby amended and reenacted
10to read as follows:
11 §250.2.  Design-build contracts; administration
12	A.  Notwithstanding any law to the contrary or the requirements of this Part,
13 if the secretary determines it is in the best interest of the taxpayers, the Department
14 of Transportation and Development, with approval of the House and Senate
15 transportation, highways, and public works committees, may formulate, develop, and
16 implement a program to combine the design and construction phases of a
17 transportation facility or facilities, including but not limited to highways,
18 interchanges, bridges, ferries on the Mississippi River, or tunnels into a single
19 contract.
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1	B.  This program shall allow use of the design-build method to construct the
2 new Mississippi River Bridge at St. Francisville, (connection to U.S. Hwy. 61), 
3 including approach structures and connecting roadways, which project is included
4 in the Transportation Infrastructure Model for Economic Development program. 
5 The secretary may also select additional projects or combine a program of projects
6 to utilize the design-build method.  The Department of Transportation and
7 Development shall submit any project selected for the design-build method to the
8 House and Senate transportation, highways, and public works committees for
9 approval.
10	*          *          *
11 §250.3.  Design-build contracts; qualifications of design-build entities; public
12	announcement procedures; letters of interest; selection of short list; bid
13	proposals by competitors; qualifications evaluation committee; proposal
14	review committee; selection and process of award
15	*          *          *
16	C.  A notice of intent to request letters of interest for a design-build project,
17 or for a pool of pre-qualified design-builders that shall remain pre-qualified for up
18 to two years, shall be distributed by the department through advertisement on the
19 Department of Transportation and Development's Internet webpage.  All notices of
20 intent shall be advertised a minimum of ten days prior to the deadline for receipt of
21 responses and shall contain a description of the project or type of work, and
22 sufficient information for a design-builder to determine its interest and to enable it
23 to submit a letter of interest.  The department may readvertise the notice of intent
24 using additional media or publications in an attempt to solicit additional responses
25 if the number of responses received by the department is inadequate.
26	D.  The department shall provide a "Request for Qualifications"(RFQ) to
27 design-builders who submit a letter of interest.  The department shall identify all
28 required information in the request for qualifications and in the standard response
29 forms provided by the department.  The response to the request for qualifications
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1 shall include statements of qualification by credentials and experience of design
2 component members for the areas of expertise specific to the project or type of work
3 and statements of qualification by experience and resources of the construction team
4 component.  The completed response form and any other required information shall
5 be transmitted to the department by the responding design-builder by the deadline
6 to submit such forms and information as provided in the request for qualifications.
7 Any response failing to meet all of the requirements contained in the request for
8 qualifications shall not be considered by the department.  False or misrepresented
9 information furnished in response to a request for qualifications shall be grounds for
10 rejection by the department.
11	E.(1)  The chief engineer, with concurrence of the secretary, shall establish
12 a design-build qualifications evaluation committee for evaluation of the responses
13 to the request for qualifications received by the department.  The following general
14 criteria used by the qualifications evaluation committee in evaluating responses to
15 the request for qualifications for design-build services shall apply to both the design
16 and construction components of any responding entity:
17	(a)  Experience of both the design and construction entity components and
18 of key personnel as related to the project or type of work under consideration.
19	(b)  Past performance on department projects.
20	(c)  Any project-specific criteria as may apply to project needs.
21	*          *          *
22 Section 2.  This Act shall become effective upon signature by the governor or, if not
23signed by the governor, upon expiration of the time for bills to become law without signature
24by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
25vetoed by the governor and subsequently approved by the legislature, this Act shall become
26effective on the day following such approval.
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HB NO. 606
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 606 Original 2021 Regular Session	Brass
Abstract:  Changes the design-builders contracts qualification process to allow for a pool 
of pre-qualified design-builders and experience specific to the type of work.
Present law provides the qualification process for the Dept. of Transportation and
Development (DOTD) to execute design-build contracts.
Proposed law retains present law and removes the House and Senate transportation,
highways, and public works committees from the approval process.
Present law requires a notice of intent to request letters for a design-build project be
distributed by the department through advertisement on the DOTD website.
Proposed law retains present law and adds that a pool of pre-qualified design builders must
remain pre-qualified for up to two years.
Present law requires all notices of intent be advertised a minimum of 10 days prior to the
deadline for receipt of responses and contain a description of the project.
Proposed law expands the notice of intent requirements to include the type of work.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 48:250.2(A) and (B) and 250.3(C) - (E))
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