SUMMARY OF REGION’S DESIGN-BUILD PROCUREMENT LAWS FOR ARKANSAS, LOUISIANA, NEW MEXICO, OKLAHOMA AND TEXAS
Included below is a summary of the Region’s five states procurement law as it relates to the use of design build. It is recommended that all Owners review existing state and local law/policies regarding authority and requirements for design build procurements. It is essential for an Owner (and its in-house legal staff or outside legal advisor) to perform a careful review and determine whether the governmental unit has the authority to procure and implement a design build project, what are the requirements, flexibilities and constraints for the procurement and what are the procurement options available.
A sound legal basis with clear legal authority is an essential ingredient for the successful implementation of a design build project. This information is current as of May 2010. However, since the legislatures and courts of each jurisdiction can impact current legislation it is recommended that legal counsel be sought to determine whether or not the statutes have changed. This is provided for information purposes only and is not meant to replace legal counsel.
Download Design-Build Law in Our Five-State Region: Click Here
The DBIA has additional information related to procurement law in all fifty states and can be accessed here: DBIA Advocacy by State
FEDERAL LAW GOVERNING DESIGN-BUILD:
10 U.S.C. 2305a Design-build selection procedures.
41 U.S.C. 253m Design-build Selection procedures.
To see the text go to this link and type the following code sections each in the search box. “10usc2305a” and “41usc253m”
FEDERAL REGULATIONS GOVERNING DESIGN-BUILD:
48 CFR part 36 .300
This regulation prescribes policies and procedures for the use of the two-phase design-build selection procedures authorized by 10 U.S.C. 2305a and 41 U.S.C. 253m. To see the text go to this link and type in the following regulation number in the search box: “48cfr36.300”
CURRENT FEDERAL LEGISLATION IMPACTING DESIGN-BUILD:
HR 720: 2007 Water Quality Financing Act