THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEIST, MARKOSEK, BOYD, J. EVANS, GINGRICH, GROVE, HARRIS, HESS, KILLION, MARSICO, MILLER, PETRI, SAYLOR AND VULAKOVICH, SEPTEMBER 16, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 16, 2010  

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, providing for design, construction and

renovation of certain State transportation infrastructure

using a design-build approach; and establishing the Design-

Build Advisory Committee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 74 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART V

TRANSPORTATION INFRASTRUCTURE

Chapter

91.  Design-Build Procurement

CHAPTER 91

DESIGN-BUILD PROCUREMENT

Sec.

9101.  Definitions.

9102.  Design-build policy.

9103.  Design-Build Advisory Committee.

9104.  Regulations.

9105.  Contract awards.

9106.  Committee advice and comment.

§ 9101.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Committee."  The Design-Build Advisory Committee established

under section 9103 (relating to Design-Build Advisory

Committee).

"Department."  The Department of Transportation of the

Commonwealth.

§ 9102.  Design-build policy.

(a)  Authorization.--A design-build delivery system may be

authorized when the department makes a determination in writing

that it is in the best interest of the public to enter into a

design-build contract.

(b)  Standard.--A determination under subsection (a) shall be

issued only after the department has demonstrated that the

design-build approach meets its needs better than the

traditional design-bid-build approach established under 62

Pa.C.S. § 905 (relating to procurement of design professional

services) for the project under consideration.

§ 9103. Design-Build Advisory Committee.

(a)  Establishment.--There is established under the

jurisdiction of the department the Design-Build Advisory

Committee.

(b)  Composition.--The committee shall consist of the

following members:

(1)  The Secretary of Transportation, ex officio.

(2)  The Secretary of General Services, ex officio.

(3)  The chairman and minority chairman of the

Transportation Committee of the Senate.

(4)  The chairman and minority chairman of the

Transportation Committee of the House of Representatives.

(5)  Members of the public who have extensive experience

and knowledge of design-build issues throughout this

Commonwealth, to be appointed by the Governor as follows:

(i)  Two members representing the American Council of

Engineering Companies of Pennsylvania.

(ii)  Two members representing the Associated

Pennsylvania Constructors.

(iii)  One member representing the Design-Build

Institute of America, Pennsylvania Chapter.

(iv)  One member representing the American Institute

of Architects of Pennsylvania.

(6)  Each member set forth in paragraphs (1), (2), (3)

and (4) may designate an alternate to serve in the member's

stead, which member shall notify the chairman in writing of

the designation.

(c)  Terms of appointees.--The terms of members of the

committee appointed by the Governor shall be three years. A

member of the committee may be reappointed for additional terms.

An individual appointed to fill a vacancy shall serve for the

unexpired term and shall be eligible for reappointment.

(d)  Officers.--The members of the committee shall annually

elect a chairman, a vice chairman and a secretary from among the

public members of the committee.

(e)  Meetings and expenses.--

(1)  The committee shall meet at least annually.

(2)  A public member who misses three consecutive

meetings without good cause acceptable to the chairman may be

replaced by the Governor.

(3)  The public members of the committee shall be allowed

actual, necessary and reasonable per diem expenses in

accordance with regulations of the executive board. The

department shall provide appropriate staff support to enable

the committee to properly carry out its functions.

§ 9104.  Regulations.

(a)  Regulations.--To ensure fair, uniform, clear and

effective procedures for the delivery of a quality project on

time and within budget, the department, in consultation with the

committee, shall promulgate regulations for use by the

department when procuring a design-build project delivery

system.

(b)  Interim regulations.--Within 120 days following the

effective date of this subsection, the department shall publish

draft interim regulations implementing the provisions of this

chapter in the Pennsylvania Bulletin for comment. The draft

interim regulations shall have a 60-day public comment period.

Within 90 days following the close of the public comment period

on the draft interim regulations, the department shall publish

final interim regulations in the Pennsylvania Bulletin

implementing this chapter. The draft interim regulations and the

final interim regulations shall not be subject to section 201 of

the act of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law, nor to review or approval under the

act of June 25, 1982 (P.L.633, No.181), known as the Regulatory

Review Act. The final interim regulations shall expire on the

earlier of the following:

(1)  Two years after publication in the Pennsylvania

Bulletin.

(2)  The publication of final regulations pursuant to the

Commonwealth Documents Law and the Regulatory Review Act.

§ 9105.  Contract awards.

For each proposed design-build project, a two-phase procedure

for awarding design-build contracts shall be adopted and shall

include the following:

(1)  During phase one, and prior to solicitation, the

department shall develop, with the assistance of a design

professional, a scope of work statement that defines the

project and provides prospective bidders with sufficient

information regarding the department's requirements. The

scope of work statement shall include criteria and

preliminary design, general budget parameters and general

schedule or delivery requirements to enable the design-

builders to submit proposals which meet the department's

needs.

(2)  Once the department has developed and published a

scope of work statement, it shall evaluate and shortlist a

maximum of five design-builders based on their

qualifications.

(3)  During phase two, the shortlisted firms shall be

invited to submit detailed specific technical concepts or

solutions, costs and scheduling information. Unsuccessful

firms may be paid a stipend to cover proposal expenses. After

evaluation of these submissions, a selection shall be made

and the contract awarded to the highest ranked firm.

§ 9106.  Committee advice and comment.

The committee shall advise and comment on all phases of

design-build activities being undertaken or financially assisted

by the department.

Section 2.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  74 Pa.C.S. §§ 9103 and 9104.

(ii)  This section.

(2)  The remainder of this act shall take effect on the

earlier of 60 days or the date of publication of draft

interim regulations under 74 Pa.C.S. § 9104(b).