New Transportation Bill Opens The Door For More Design-Build Work With ODOT
Kegler Brown Construction Alert April 2, 2009
Right on the heels of Governor Strickland's announcement of 149 transportation projects slated to begin construction supported by federal stimulus money, the Ohio Legislature today passed its new transportation bill that permits ODOT to implement more design-build work. Under House Bill 2, ODOT is now permitted to enter into $1 billion worth of design-build contracts starting from today until July 1, 2011. Under the prior law, ODOT was limited to $250 million worth of design-build work every two years. After July 1, 2011, ODOT's design-build threshold shall revert back to $250 million.
The transportation bill also provides an exception as to how the design-build contract is awarded that differs from the "lowest competent and responsible bidder" standard. Under the new design-build standard, ODOT is permitted to use a "value-based selection process" that takes into account technical qualifications, competitive bidding elements, and minority or disadvantaged businesses.