§ 136-28.11. Design-build construction of transportation projects. - North Carolina Statutes

§ 136‑28.11.  Design‑buildconstruction of transportation projects.

(a)        Design‑BuildContracts Authorized. – Notwithstanding any other provision of law, the Boardof Transportation may award contracts for up to 25 projects each fiscal yearfor construction of transportation projects on a design‑build basis.

(b)        Design‑BuildContract Amounts; Basis of Award. – The Department may award contracts for theconstruction of transportation projects on a design‑build basis of anyamount. The Department shall endeavor to ensure design‑build projects areawarded on a basis to maximize participation, competition, and cost benefit. Onany project for which the Department proposes to use the design‑buildcontracting method, the Department shall attempt to structure and size thecontracts for the project in order that contracting firms and engineering firmsbased in North Carolina have a fair and equal opportunity to compete for thecontracts.

(c)        DisadvantagedBusiness Participation Goals. – The provisions of G.S. 136‑28.4 and 49C.F.R. Part 26 shall apply to the award of contracts under this section.

(d)        Findings Required.– These contracts may be awarded after a determination by the Department ofTransportation that delivery of the projects must be expedited and that it isnot in the public interest to comply with normal design and constructioncontracting procedures.

(e)        ReportingRequirements. – The Department, for any proposed design‑build projectprojected to have a construction cost in excess of fifty million dollars ($50,000,000),shall present to the Joint Legislative Transportation Oversight Committeeinformation on the scope and nature of the project and the reasons thedevelopment of the project on a design‑build basis will best serve thepublic interest. (2001‑424,s. 27.2(a); 2002‑151, s. 2; 2007‑357, s. 1.)