AIA Ohio Issue Brief

 

Design-Build in the Public Sector

 

 
 


ISSUE

AIA Ohio proposes adopting legislation, which would permit public authorities to design and construct public improvements using a project delivery method known as “Design-Build.”

 

 

BACKGROUND

Current legislation in Ohio requires that all public construction projects use a traditional design-bid-build project delivery method.  This requires separate selection of design professionals using qualification based selection processes (O.R.C. 153.65 et. seq.) followed by the selection of contractors through public bidding. (O.R.C. 153) This traditional approach has its own set of Pros and Cons.  A project delivery method known as “Design-Build” has been developing over the past years in both the public and private sectors to provide an option to and to reduce the negative impacts of the traditional design-bid-build method. 

AIA Ohio is in favor of developing a procedure that would permit the Design-Build project delivery method in the public sector. The development of Design-Build has been driven by desire for lower cost, faster schedules and greater innovations in the design and construction industries.  The Design-Build Institute has been tracking the use of these project delivery methods.  In 1985 82% of projects were traditional and only 5% used Design-Build.  In 2000 54% of construction projects use the traditional approach and 30% use Design-Build.  It is predicted that in 2015, only 35% of construction projects will use the traditional approach and 50% of all construction projects will use the Design-Build project delivery method.

Ohio’s Public Authorities should have the ability to take advantage of this Design-Build option.  Any Design-Build statute must impose limitations to protect the public interest as intended by both the qualifications based selection statutes and public bidding statutes

AIA Ohio has prepared a draft of Design-Build legislation, which provides for a sole point of responsibility through a Design-Build firm while at the same time providing for open projects by placing limitation on the selection and bidding of subcontracts.

 

AIA Ohio proposal for Design-Build in the public sector is a single process in two parts following the concept of AIA document A191.  The first part provides for a technical submission, which will determine the feasibility, scope and cost of the project. The technical submission would include the completed preliminary design documents, a statement of the proposed contract sum, and a proposed schedule for completion of the contract.  Preliminary design documents shall consist of preliminary design drawings outline specifications, and other documents sufficient to establish the size, quality and character of the entire project, its architectural, structural, mechanical, and electrical systems, and the materials and such other elements of the project as may be appropriate.   This technical submission would be prepared by the most qualified Design-Build firm pursuant to a contract that provides for compensation of these services which typically would include 35% to 40% of the professional design firms services.

 

The second part of the contract would be negotiated based on the technical submission.  This will include requiring the Design-Build firm to bid the subcontracts The Design-Builder would be required to publicly advertise, to conduct pre-bid meetings, to receive sealed bids to be opened publicly and to award subcontracts in accordance with the public bidding laws.

 

AIA Ohio’s bill will also require that the evaluation of the Design-Build firm include the evaluation of the professional design firms, which will provide the professional design services for the project.  These criteria for evaluation would be the same as those currently required by ORC 153.69(A)(2).

 

 

For additional information contact:  David W. Field, CAE, Executive Vice President, AIA Ohio, 17 S. High St., Ste. 200, Columbus, Ohio  43215.  Phone:  614.221.0338.  Fax:  614.221.1989.  E-mail:  field@assnoffices.com