Design-Build Legislation - Design-Build for Water and Wastewater Projects - page 44

construction of the project that is determined to be fair, competitive, and reasonable
(Florida Statute, 287.055.5A, 1989). The competitive proposal process in Florida for DB
projects involves the following basic elements: (1) preparation of a project design criteria
package by a licensed design professional; (2) prequalification of at least three DB entities;
and (3) solicitation of competitive proposals from the prequalified firms.
RESOURCES FOR EXPANDING
DESIGN-BUILD AUTHORITY
There are several resources available to help change laws in states where limitations to
using DB exist. Learning about the experiences of other states is recommended. DBIA
can also help. It often refers local and state governments that are interested in craft-
ing appropriate DB statutes or ordinances to the Model Design-Build Procurement Act
(MPA), which is a document that is included in the Design-Build Manual of Practice (MOP)
(DBIA 1995).
The Model Design-Build Procurement Act was developed by the Building Futures
Council (BFC) after a two-year study of alternative contracting methods and procurement
in the public sector. The BFC received assistance from the American College of Con-
struction Lawyers, and DBIA assumed principal responsibility for the document upon
its completion (DBIA 1995). The Report on Design-Build as an Alternative Construction
Delivery Method for Public Owners (Building Futures Council, Management and Con-
tracting Alternatives Committee, 1995) provides a clear and concise model for local and
state governments interested in authorizing and utilizing DB. DBIA distributes the MPA
and the MOP to members and nonmembers.
Currently, many states have DB laws that were modeled on the MPA or have incor-
porated sections of it into statutes. The MPA has grown in acceptance because it incorpo-
rates best practices that are recognized by both DB practitioners and public owners. The
MPA includes all the elements that are necessary for a comprehensive DB law.
Over the next decade, public and private water and wastewater utility owners will be
challenged to meet the growing demand for new and improved infrastructure. Integrated
project delivery methods like DB provide owners with a valuable tool in their efforts
to deliver innovative, high performance projects while meeting both time and budget
constraints.
REFERENCES
Building Futures Council, Management and Contracting Alternatives Committee. 1995.
Report on Design-Build as an Alternative Construction Delivery Method for Public Own-
ers . Orange County, Calif.
California Public Contract Code § 20133, 2011.
California Public Contract Code § 20193, 2008.
California Public Contract Code § 21162, 2011.
California Business and Professional Code § 5537, 1985.
California Public Contract Code § 10708, 2005.