Design-Build Procurement Approaches - Design-Build for Water and Wastewater Projects - page 71

is a feasible project delivery method. A checklist to assess feasibility is shown in Table 7-3.
Additional information about the legality of DB in the United States is discussed in chap-
ter 3.
Table 7-3. Legal feasibility and DB procurement approach checklist
1. Does the owner have the authority to procure a DB project?
For example, a few states limit DB for project delivery.
2. If so, what procurement process must the owner use to procure a DB project?
• Can selection be based on qualifications only?
• If not, what factors must be considered in the selection?
• If price based, is price the sole deciding factor or can price be one of the factors
considered in a best-value selection (BVS)?
• If price and other factors are required, are there any weighting requirements to
define the importance of price in the ranking for team selection?
3. Does the state law define how price or cost is to be considered in the procurement
process?
For example, some states will allow QBS. A state law may require the design-
builder be selected on price only; other state laws may require a BVS, which
includes price and other factors. Others allow progressive DB.
Is price or cost strictly defined in the law, or is there flexibility to interpret cost to mean
cost elements of the project and not the project cost or price?
For example, if cost or price is not strictly defined, an owner may structure a price-
based, qualifications-based, or a progressive DB selection process.
4. Do the owner's current procurement policies and state law allow for a DB project to
be negotiated directly with a qualified design-builder?
For example, most states only allow this under emergency situations.
5. Are there any restrictions or limitations for DB based on: (1) project type, such as
transportation, water, etc.; (2) project size (capital cost value); (3) type of municipal
governmental entity (city versus town versus county, etc.); and, (4) size of the owner
(i.e., population, service area size, etc.)?
For example, a state may only allow a transportation project and not a water or
wastewater project, or projects only above a certain dollar amount or only for a
governmental entity representing a certain population.
6. What are any other requirements that existing policies or state law mandate for DB
procurement?
For example, a state law may require a stipend or a formal finding as to the
viability of using DB or require specific advertising or procedures for receiving
proposals.
It is recommended that stipends be used for best-value design-build procurements for
the reasons described in DBIA Position Statement, Use of Stipends (DBIA 2010d).