§250.3.1. Progressive design-build contracts

            A. For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.

            B.(1) Each design-builder shall employ or have as a partner a member, coventurer, subcontractor persons, or a firm with persons, who are duly licensed and registered to provide the services required to complete the project and do business in this state.

            (2)(a) All registrations and licenses for each component shall be obtained prior to or concurrent with award of the project to the selected design-builder by the department.

            (b) The standard professional engineer and land surveyor qualifications as provided for in R.S. 37:681 et seq., the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, and the department's standard technical qualification requirements for firms providing professional engineering and land surveying services, as provided for in R.S. 48:290, shall apply to the components providing design services.

            (c) The standard contractor qualifications as provided for in R.S. 37:2150 et seq. and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the design-builder, based upon the applicable categories for the specific project.

            C. A "notice of intent" (NOI) to request letters of interest for a design-build project shall be distributed by the department through advertisement on the Department of Transportation and Development's internet webpage. All NOIs shall be advertised a minimum of ten days prior to the deadline for receipt of responses. The NOI shall contain a description of the project or type of work and sufficient information for a design-builder to determine its interest and to enable it to submit a letter of interest. The department may readvertise the NOI using additional media or publications in an attempt to solicit additional responses if the number of responses received by the department is inadequate.

            D. The department shall provide a "request for qualifications" (RFQ) to design-builders who submit a letter of intent. The department shall identify all required information in the RFQ and in the standard response forms provided by the department. The RFQ shall include but is not limited to the following:

            (1) Project description.

            (2) Preconstruction scope of services.

            (3) Submittal criteria for the project.

            (4) Procurement grading criteria.

            (5) Scoring methodology.

            (6) Total fees and compensation payable to the design-builder for preconstruction services.

            (7) Estimate of the probable construction cost of the project.

            E. The response to the RFQ shall include "statements of qualifications" (SOQ) submitted by the design-builder. If the department receives only one response, the secretary or designated representative may approve proceeding with the progressive design-build process. The information contained within the SOQ shall include but not be limited to the following:

            (1) The design-builder's formation and organizational documents at the time of the SOQ submission.

            (2) Experience of both the design and construction components of the design-build entity on projects of similar size, scope, and may include the complexity of previous projects.

            (3) Information regarding proposed key personnel's experience and training to competently manage and complete the design and construction of the project.

            (4) Past performance on projects.

            (5) The design-builder's ability to obtain all bonding and insurance requirements.

            (6) The design-builder's safety plan.

            F. The chief engineer, with the concurrence of the secretary, shall establish a design-build qualifications evaluation committee for evaluation of the responses to the RFQ received by the department. The chief engineer, with the concurrence of the secretary, shall assign a project manager who shall become the chairman of the qualifications evaluation committee for the project. The qualifications evaluation committee may, at its discretion, be assisted by other department personnel in its evaluation of a design-builder's SOQ.

            G. The department may evaluate submissions based solely upon the information provided in each design-build entity SOQ. The department may also interview some or all of the design-build entities to further evaluate their qualifications for the project.

            H. After selecting a design-builder based upon qualifications, the department may enter into a contract and direct the design-builder to begin design and preconstruction activities sufficient to establish an estimated price, lump sum, or guaranteed maximum price for the project.

            I. If the department and the design-builder do not reach an agreement on the estimated price for the project or the department otherwise elects not to amend the design-builder's contract to complete the remaining work, the department may solicit proposals to complete the project from firms that submitted SOQ or formally solicit bids or proposals from other entities using any public procurement method available to the department. The selected design-builder shall be prohibited from bidding on the project.

            Acts 2023, No. 246, §1.