169jb

___________________ moved that SB 169 be amended as follows:

     On page 2, after line 6 of the printed bill, insert:

"      Section 2. That § 5-18-33 be amended to read as follows:

     5-18-33.   The performance criteria developer shall be either an employee of the public corporation or shall be engaged in accordance with normal procedures for contracting with architects or engineers. With the approval of the public corporation, the developer may delegate or contract for the development of specific aspects of the design criteria to other consultants. The performance criteria developer may be retained at the public corporation's option through to the completion of the design-build contract.

     Section 3. That § 5-18-35 be amended to read as follows:

     5-18-35.   A request for proposals shall be prepared for each design-build contract containing, at a minimum, the following elements:

             (1)      The identity of the public corporation which will award the design-build contract and the identity of the performance criteria developer;

             (2)      The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and the procedures for making awards;

             (3)      The proposed terms and conditions for the design-build contract;

             (4)      The performance criteria;

             (5)      A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that is acceptable;

             (6)      A schedule for planned commencement and completion of the design-build contract;

             (7)      Budget limits for the design-build contract , if any ;

             (8)      Affirmative action, disadvantaged business, or set-aside goals or requirements for the design-build contract, if any;

             (9)      The qualifications the design-builder is required to have;

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             (10)      Requirements for performance and payment bonds, and insurance. At a minimum, these requirements shall meet the requirements of §   5-21-1; and

             (11)      The compensation, if any, to be given to design-builders submitting proposals who are not awarded the project ;

     The request for proposals may not include schematic designs or other designs prepared by the criteria developer nor may it include drawings other than drawings of existing conditions. The request for proposals may not include detailed construction specifications. Any design and construction standards in the request for proposals shall be performance standards only .

     Section 4. That § 5-18-42 be amended to read as follows:

     5-18-42.   After obtaining and evaluating proposals according to the criteria and procedures set forth in the request for proposals, a public corporation may accept the proposal it considers most advantageous to the public corporation. Acceptance of a proposal shall be by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the public corporation shall also inform, in writing, the other design-builders that their proposals were not accepted. Unless all proposals are rejected, a detailed breakdown of the criteria scores for each proposal received shall be made available to the public. The contract with the performance criteria developer shall terminate when a contract is awarded to the design-builder. ".