Present law provides that upon completion of the evaluation process for selecting a construction manager or general contractor, each member of the selection committee must independently review and score the proposals. This bill revises this provision by removing the word "independently". Present law requires each member to score the proposals pursuant to the scoring matrix that the department of transportation ("department") provides in the request for proposal (RFP) and based on the RFP's evaluation criteria. The scores must be tallied and averaged according to the procedure established in the RFP. This bill revises this provision to, instead, require the scores to be compiled instead of averaged. On July 1, 2029, this bill rewrites the above provisions to, instead, provide that, upon completion of the evaluation process, members of the selection committee must review and score the proposals. Members must score the proposals pursuant to the scoring matrix that the department provides in the RFP and based on the RFP's evaluation criteria. The scores must be tallied and compiled according to the procedure established in the RFP. Upon completion of the scoring, the proposals must be ranked in order of the highest score to the lowest score. The proposer whose proposal receives the highest score is considered the best-evaluated proposer. FIRST-TIER PROPOSERS Present law requires the proposals of the first-tier proposers to be submitted in alphabetical order to the commissioner of transportation ("commissioner") without an evaluation ranking. The commissioner may select a first-tier proposer, or the commissioner may reject all proposals and proceed with construction of the project through a lawful method for procuring a construction services contract. The department must send all proposers a written notice of award to the selected proposer, or a written notice that all proposals have been rejected. If the department issues a written notice of award, then the notice must include a copy of the scores from each member of the selection committee for each RFP proposal. This bill revises the last provision to, instead, provide that the notice of award must include a copy of the compiled scores for each RFP proposal, instead of the scores of each member. On July 1, 2029, this bill rewrites the above provisions to, instead, require the proposals to be submitted in rank order to the commissioner. The commissioner may either accept the selection committee's recommendation of the best-evaluated proposer, or the commissioner may reject all proposals and proceed with construction of the project through any lawful method for procuring a construction services contract. The department must send all proposers a written notice of award to the best-evaluated proposer, or a written notice that all proposals have been rejected. If the department issues a written notice of award, then the notice must include a copy of the scores from the members of the selection committee for each RFP proposal. SELECTION COMMITTEE In order to confirm that no member of the selection committee has been improperly influenced, prior to reviewing the RFP responses, present law requires each committee member to affirmatively complete an affidavit indicating that such member has not discussed the proposals or such member's review of the same with any other selection committee member, with any department employee other than those listed in the RFP as an appropriate point of contact, or with any of the proposers, their agents, employees or subcontractors. This bill revises this provision by removing the prohibition against discussing the proposals or such member's review of the same with any other selection committee member. This bill also removes a similar prohibition that prohibited, during the selection process, members of the selection committee from communicating with each other concerning their review or evaluation of the proposals. TRANSPORTATION SYSTEM FAILURE In the event of a transportation system failure, imminent threat of a failure, or other emergency that the commissioner reasonably believes would present a hazard to the traveling public or a significant delay in transportation, present law authorizes the commissioner to enter into contracts narrowly tailored to remedy the actual or imminent failure or other emergency by either of the following methods:  When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods, and notice.  If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately. This bill removes the second method and adds the following additional methods:  If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into alternative delivery contracts, as defined in present law, and waive any provisions of this title related to these contracts in order to effectuate these contracts.  If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into any highway construction and engineering contracts authorized under present law, and waive any provisions of these titles related to these contracts in order to effectuate these contracts.  If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately on a force account basis or other basis determined by the commissioner. Notice In the event the commissioner enters into a contract under the above provisions, present law requires the commissioner to provide immediate written notice to the commissioner of finance and administration and to the comptroller. This bill removes this provision and provides, instead, that the department is not required to specifically identify any contract under this bill in a prior transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations and for annual expenditures. However, if the commissioner enters into a contract under this bill, the commissioner must provide immediate written notice to the chair of the transportation and safety committee of the senate, the chair of the finance, ways and means committee of the senate, the chair of the committee of the house of representatives having jurisdiction over transportation-related matters, the chair of the committee of the house of representatives having jurisdiction over budget-related matters, the commissioner of finance and administration, and the comptroller of the treasury. If a proposed contract under this bill has a total estimated contract amount exceeding $100 million, then this bill provides that the department is not required to specifically identify the project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations. ALTERNATIVE DELIVERY CONTRACTS Present law prohibits the department from procuring more than 28 alternative delivery contracts per fiscal year. However, this prohibition only applies to projects funded by the state highway fund and does not apply to projects funded by the transportation modernization fund, discretionary funds, or federal grant program funds. This bill provides that such prohibition also does not apply to alternative delivery contracts procured under this bill.

Statutes affected:
Introduced: 54-1-504(b)(3)(D), 54-1-504, 54-1-504(b)(3)(E), 54-1-504(b)(3)(F)(iii), 54-1-504(b)(3)(F)(i), 54-1-506, 54-1-135(a), 54-1-135