Political subdivisions would follow a two-stage process for progressive design-build projects and could develop construction prices after preconstruction work.
Public entities would be able to use a two-stage process that selects a qualified team first, then develops the design and construction price together.
For progressive projects, public entities would not need to make unrelated social, political, or environmental standards eligibility requirements, while project-specific safety and legal rules would remain allowed.
Water and wastewater projects could use either design-build method, and agencies could not reject or exclude them from listed funding programs solely for using that method.
A political subdivision would select a progressive design-builder in two stages and may negotiate construction terms after preconstruction work. The process covers public building, infrastructure, water, and other facility projects using a progressive design-build contract. The first stage evaluates qualifications and the second evaluates the design-builder’s project approach. Second-stage proposals may include prices for preconstruction services, but not construction pricing. The parties may authorize construction only after they accept a fixed contract amount or guaranteed maximum price. These progressive design-build provisions would expire on August 28, 2036.
A political subdivision would not have to require certain unrelated certifications, goals, or preferences as eligibility conditions for progressive design-build proposals. The rule applies to progressive design-build contracts and covers criteria based on political, social, environmental, ideological, diversity, equity, or inclusion considerations. The restriction does not block requirements tied directly to construction, safety, durability, permitting, or ordinary project operation. Political subdivisions may still require compliance with applicable laws, building codes, permits, engineering standards, and other lawful project-specific rules.
Political subdivisions may use design-build or progressive design-build contracts for wastewater and water projects. The provision covers projects involving wastewater or water storage, conveyance, or treatment facilities and requires a state-licensed engineer to help prepare and review project materials. The economic development department could not reject a community development block grant project solely because it uses one of these contracts. The natural resources department could not exclude such a contract from consideration for the water and wastewater loan fund. Payment bonds would cover people providing design services as well as people providing labor and materials.
No hearings or votes scheduled.