5-18B-20. Design-build contracts.
A purchasing agency may enter into design-build contracts for public improvements, if the following conditions are met:
(1)The purchasing agency shall, prior to issuing any design-build request for proposals, establish and publish procedures for the solicitation and award of design-build contracts. The Bureau of Administration shall establish the procedures for the state. The procedures shall include the following:
(a)The procedure to select or designate a performance criteria developer utilizing a qualification based process and the procedure to prepare performance criteria;
(b)The procedures for the preparation and contents of a design-build request for proposals;
(c)The procedure and standards to be used to qualify or pre-qualify design-builders;
(d)The procedures for preparing and submitting proposals;
(e)The procedures for evaluating proposals;
(f)The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve confidential information and proprietary information supplied by those submitting proposals, consistent with §5-18B-34;
(g)The procedures for awarding and executing design-build contracts;
(h)The procedures for awarding design-build contracts in the event of public emergencies as defined in §5-18A-9; and
(i)The procedures for acting on formal protests relating to the solicitation or award of design-build contracts;
(2)The purchasing agency shall, for each public improvement under this section, make a determination that it is in the best interest of the public to enter into a design-build contract to complete the public improvement. The determination to utilize design-build and the basis for the determination shall be recorded in the project file or the minutes of the meeting of the governing board of the purchasing agency. In making this determination, design-build projects shall meet one or more of the following criteria:
(a)The purchasing agency requires a project design and construction time line that is faster than the traditional design/bid/build process would allow;
(b)The complexity of the project requires close coordination of design and construction expertise or an extreme amount of coordination;
(c)The purchasing agency requires early cost commitments; or
(d)The project can be defined at an early stage and the purchasing agency is able to specify all requirements; and
(3)The purchasing agency shall follow the procedures of other laws governing public improvement construction contracts to the extent such laws are compatible with the use of design-build contracts.
Source: SL 2010, ch 31, §59.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 18B - Procurement Of Public Improvements
Section 5-18B-1 - Plans and specifications--Advertisement--Availability.
Section 5-18B-2 - Certified check or cashier's check for percentage of bid or bid bond required.
Section 5-18B-3 - Check or bid bond requirement--Waiver.
Section 5-18B-4 - Surety bond or insurance contract required in bid, in contract, or by law.
Section 5-18B-6 - Certification regarding labor provided by nonresident subcontractors.
Section 5-18B-7 - Contractor's use tax liability.
Section 5-18B-8 - Forfeited funds accrue to funds provided for construction.
Section 5-18B-9 - Time limits--Return of checks--Return or destruction of bid bonds.
Section 5-18B-10 - Plans and specifications prepared by architect or engineer.
Section 5-18B-11 - Progress payments--Retention of funds from final payment--Interest.
Section 5-18B-13 - Occupancy before completion and acceptance.
Section 5-18B-14 - Project superintendent--Installment payments--Final payment.
Section 5-18B-16 - Unemployment compensation.
Section 5-18B-17 - Contractor's excise tax license.
Section 5-18B-18 - Contributions and interest due the Department of Labor and Regulation.
Section 5-18B-19 - Amendment or change order to existing contract.
Section 5-18B-20 - Design-build contracts.
Section 5-18B-21 - Design-builder to be authorized.
Section 5-18B-22 - Subletting of design services.
Section 5-18B-23 - Subletting construction or other services.
Section 5-18B-26 - Performance criteria developer and design builder to perform separate roles.
Section 5-18B-28 - Development of performance criteria.
Section 5-18B-30 - Design-build request not to be detailed--Drawings--Specifications--Standards.
Section 5-18B-31 - Pre-qualification of design-builders--Elements of request for qualifications.
Section 5-18B-32 - Deposit or bond submitted with proposal--Forfeiture.
Section 5-18B-33 - Proposals to be sealed--Contents.
Section 5-18B-34 - Confidentiality of proposals.
Section 5-18B-36 - Acceptance of a proposal--Evaluation criteria scores.
Section 5-18B-37 - Rejection of design-build proposals--Solicitation of new proposals.
Section 5-18B-38 - Withdrawal of design-build proposal.
Section 5-18B-39 - Construction manager engagement.
Section 5-18B-40 - Services of construction manager.
Section 5-18B-41 - Manager-agent.
Section 5-18B-42 - Manager-at-risk.
Section 5-18B-43 - Criteria for construction manager engagement.
Section 5-18B-44 - Criteria for construction manager-at-risk engagement.
Section 5-18B-45 - Active involvement of licensed design professional required.
Section 5-18B-46 - Improvement projects that rely on federal funding from FAA.