CHAPTER 135
SB 69-FN – FINAL VERSION
03/04/09 0440s
03/04/09 0519s
2009 SESSION
06/01
SENATE BILL 69-FN
AN ACT relative to design build contracting for transportation projects.
COMMITTEE: Transportation and Interstate Cooperation
This bill:
I. Increases the cost limit for transportation projects that are excluded from the competitive bidding requirement because they utilize the design build concept.
II. Permits the use of design build contracting for certain transportation projects that exceed the cost limit.
This bill is a request of the department of transportation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/04/09 0440s
03/04/09 0519s
09-0913
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to design build contracting for transportation projects.
Be it Enacted by the Senate and House of Representatives in General Court convened:
135:1 State Transportation Projects. Amend RSA 228:4, I(c) to read as follows:
(c) Statewide transportation improvement program projects with a cost not to exceed [$5,000,000] $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal[,]. Such projects may be developed and constructed provided that selection is based on an objective standard and measurable criteria for evaluation of the proposals. [The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital budget overview committee within 90 days after the completion of the project.]
135:2 New Subparagraph; State Transportation Projects. Amend RSA 228:4, I by inserting after subparagraph (c) the following new subparagraph:
(d) Statewide transportation improvement program projects with a cost in excess of $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal provided that the department first demonstrates that using the design build concept for the project in question benefits the state more than using conventional contracting methods. The department shall hold a publicly noticed hearing to take comment on its proposal to use the design build concept for a particular project. Such notice shall be provided at least 14 days prior to the hearing date. The department shall allow for a 30-day public comment period following the publicly-noticed hearing before submitting its proposed use of the design build concept to the governor and executive council for formal approval. After the governor and council approve use of the design build concept for the project, the department may solicit bids from contractors. Any contract with the selected bidder shall be submitted to the governor and council for final approval. The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital budget overview committee within 90 days after the completion of the project.
135:3 Effective Date. This act shall take effect upon its passage.
Approved: June 29, 2009
Effective Date: June 29, 2009