DESIGN-BUILD CLARIFICATIONS.

View NCGA Bill Details2019-2020 Session
House Bill 869 (Public) Filed Tuesday, April 16, 2019
AN ACT TO CLARIFY THE DESIGN BUILD AND DESIGN BUILD BRIDGING STATUTES.
Intro. by Arp, Jarvis, Hunter.

Status: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Jun 14 2019)
H 869

Bill Summaries:

  • Summary date: Apr 30 2019 - More information

    House committee substitute makes the following changes to the 1st edition.

    Further amends GS 143-128.1A concerning public design-build contracts. Now defines licensed subcontractor to include persons or entities that will be performing work under the design-builder rather than under a licensed contractor, and excludes design professionals or employees of the design builder rather than employees of the licensed contractor. Now defines unlicensed subcontractor to include persons or entities that will be performing work under the design-builder rather than under a licensed contractor, and excludes design professionals or employees of the deign-builder rather than employees of the licensed contractor (previously also required that an unlicensed subcontractor not be a licensed subcontractor or design professional). Specifies that the scope of the work proposed for a project by an unlicensed subcontractor cannot require licensure under Articles 2 or 4 of GS Chapter 87 (regarding plumbing, heating, and electrical contractors). Modifies the changes to the alternative options for the statement a design-builder must include in its response to a governmental entity's request for qualifications as follows. Now allows for the governmental entity's request for qualifications to specify which of the statement options the design-builder is to include. Provides that the statement can consist of either option if the governmental entity does not specify which the design-builder must provide. Makes conforming changes. Modifies the second option to now prohibit the design-builder from entering into negotiated contracts with first-tier subcontractors (previously allowed the design-builder to enter into negotiated subcontracts with those listed licensed or unlicensed subcontractors in lieu of bidding the scope of work that would otherwise be performed by the identified licensed or unlicensed subcontractors). Specifies that the design-builder's certification regarding each design professional's competence and qualifications is to be included in the response to the request for qualifications.

    Further amends GS 143-128.1B concerning public design-build bridging contracts. Excludes from the design criteria package the costs of the subcontractor work. More specifically requires the governmental entity's request for proposal to include a statement requiring each design-builder to submit in a separate sealed envelope contemporaneously with the response to the RFP, the design builder's fixed fees for designing and constructing the project in accordance with the requirements set out in the request criteria and the terms and conditions in the form of the contract, separately listed as previously specified. Specifically excludes the costs of the subcontractor work from the statement. 


  • Summary date: Apr 18 2019 - More information

    Amends GS 143-128.1A concerning public design-build contracts. Adds to the statute's defined terms design professional, first-tier subcontractor, licensed contractor, licensed subcontractor, and unlicensed subcontractor. Modifies the alternative options for the statement a design-builder must include in its response to a governmental entity's request for qualifications as follows. Requires either a list of the licensed contractors, licensed subcontractors, and design professionals (was, licensed design professionals) whom the design-builder proposes to use for the project's design and construction, or a list of the licensed contractors and design professionals whom the design-builder proposes to use for the project's design and construction and an outline of the strategy the design-builder plans to use for open subcontractor selection (was, open contractor and subcontractor selection) based on Article 8 (previously did not require a list in addition to the strategy outline option). In either case, now allows the design-builder to self-perform some or all of the work with employees of the design-builder. If using the first statement option, allows design-builders to enter into negotiated subcontracts to perform some or all of the work with licensed subcontractors without bidding and whether or not identified on the list, and allows the list to include one or more unlicensed subcontractors the design-builder proposes to use. If using the second statement option, allows the list to include one or more of the licensed or unlicensed subcontractors the design-builder proposes to use, and allows the design-builder to enter into a negotiated subcontract with those listed licensed or unlicensed subcontractors in lieu of bidding the scope of work that would otherwise be performed by the identified licensed or unlicensed subcontractors. 

    Amends GS 143-128.1B concerning public design-build bridging contracts. Adds to the defined terms costs of the subcontractor work, general conditions, and licensed contractor. Prohibits requiring a design-builder to provide the costs of the subcontractor work, defined as the sum of all first-tier subcontract packages bid and proposed to be bid for all construction work under the statute, in the design criteria package, but permits requiring disclosure of the costs after the contract has been executed. Adds to the required contents of the design criteria package the list of general conditions, as defined, prepared by the governmental entity which the design-builder is to provide for a fixed fee, and the form of the contract to be entered into by the successful design-builder to whom the project is awarded. Allows the governmental entity to determine the form of the contract. Now requires the governmental entity's request for proposal to include a statement submitted in a separate sealed envelope, contemporaneously with the response to the RFP, the design builder's fixed fees, separately listed, for the general conditions identified in the request for proposal, the general construction services not otherwise provided for, and the design-builder's design services necessary to complete the project. Concerning the required statement of project team selection and member qualification, refers to design professionals rather than licensed design professionals. 

    Amends GS 143-129 to exclude from the provisions of Article 8, Public Contracts, contracts by a public entity with a design-builder executed pursuant to GS 143-128.1A or GS 143-128.1B, or with a private developer executed pursuant to GS 143-128.1C.

    Applies to contracts entered into, amended, or renewed on or after October 1, 2019.


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