AN ACT TO CLARIFY THE DESIGN BUILD AND DESIGN BUILD BRIDGING STATUTES.
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.
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