H869: Design-Build Clarifications

• Clarifies definitions and procedures for design-build and design-build bridging contracts used by governmental entities for public construction projects.

• Requires governmental entities to establish written criteria for determining when design-build methods are appropriate, including project definition capability, time constraints, quality assurance, management capacity, and compliance with small business participation goals.

• Allows design-builders two options for project team selection: (a) submitting a list of proposed licensed contractors and subcontractors with negotiation flexibility, or (b) submitting licensed contractors and an open selection strategy without negotiated subcontracts.

• Prohibits design-builders from providing subcontractor work costs in design criteria packages for bridging contracts; such costs may be disclosed only after contract execution.

• Effective October 1, 2019, for contracts entered into, amended, or renewed on or after that date.