senate Bill S402

2013-2014 Legislative Session

Relates to alternative project delivery methodologies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S402 - Bill Details

Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §38, Hway L; add §163-c, St Fin L; add §2880-b, Pub Auth L; add §§376-b & 6284, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1653A
2009-2010: S8331

S402 - Bill Texts

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Relates to alternative project delivery methodologies.

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BILL NUMBER:S402

TITLE OF BILL:
An act
to amend the highway law, the state finance law, the public authorities
law and the education law, in relation to alternative project delivery
methodologies

PURPOSE:
The purpose of this legislation is to authorize the Department of
Transportation, the Office of General Services, the Dormitory
Authority, the Thruway Authority, the State University Construction
Fund, the City University Construction Fund, the New York City School
Construction Authority and the Metropolitan Transportation Authority
to engage in "alternative project delivery" methods, subject to
certain limitations and protections.

SUMMARY OF PROVISIONS:
Section one of the bill states the legislative intent.

Section two amends section 38 of the highway law to permit the
Department of Transportation to procure services to construct or
improve a state highway pursuant to an alternative project delivery
methodology.

Section three adds a new section 163-c to the state finance law to:
define alternative project delivery methods; create project evaluation
teams; set a $20 million project value requirement, and; set up a
two step process for using an alternative project delivery methodology.

Section four adds a new section 2880-b to the public authorities law to:
define alternative project delivery methods; create project evaluation
teams; set a $20 million project value requirement, and; set up a
two-step process for using an alternative project delivery methodology.

Section five adds a new section 376-b to the education law to: define
alternative project delivery methods; create project evaluation teams;
set a $20 million project value requirement, and; set up a two-step
process for using an alternative project delivery methodology.

Section six adds a new section 6283 to the education law to: define
alternative project delivery methods; create project evaluation teams;
set a $20 million project value requirement; and, set up a two-step
process for using an alternative project delivery methodology.

Section seven states the effective date.

JUSTIFICATION:
The federal government and numerous states regularly engage in what is
termed "alternative project delivery" options for the procurement and
construction of both building and transportation projects. These
methods, which include Design-Build, Construction Manager at-Risk,
Public/Private Partnerships and Integrated Project Delivery, have
become proven methods for the efficient and effective delivery of
public construction projects. Such methodologies have often produced


high-quality projects at lower costs and at greatly improved
timeframes.

Although design-bid-build should remain the primary method to deliver
most public construction projects, this legislation would allow state
agencies and authorities to engage in such "alternative project
delivery" methods.

LEGISLATIVE HISTORY:
2011/12: S.1653A
2010: S.8331

FISCAL IMPLICATIONS:
The provisions of this bill would result in savings to the State by
delivering public works projects more efficiently.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   402

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law,  the  state  finance  law,  the  public
  authorities  law  and  the  education  law, in relation to alternative
  project delivery methodologies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative finding and intent. The federal government and
numerous states regularly engage in what is termed "alternative  project
delivery"  options for the procurement and construction of both building
and transportation projects. These methods, which include  design-build,
construction manager at-risk, public/private partnerships and integrated
project delivery have become proven methods for the efficient and effec-
tive  delivery  of public construction projects. Such methodologies have
often produced high-quality projects  at  lower  costs  and  at  greatly
improved timeframes.
  Although  design-bid-build should remain the primary method to deliver
most public construction projects, the  legislature  declares  that  the
department of transportation, the office of general services, the dormi-
tory authority, the thruway authority, the state university construction
fund,  the  city  university construction fund, the New York city school
construction authority and  the  metropolitan  transportation  authority
should  be  permitted  to  engage in such "alternative project delivery"
methods, subject to certain limitations and protections.
  S 2. Section 38 of the highway law is amended by adding a new subdivi-
sion 10 to read as follows:
   10. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION  OR  THE
PROVISIONS  OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
THE DEPARTMENT MAY PROCURE SERVICES TO  CONSTRUCT  OR  IMPROVE  A  STATE
HIGHWAY  PURSUANT  TO  AN  ALTERNATIVE  PROJECT  DELIVERY METHODOLOGY AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00694-01-3

S. 402                              2

PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-THREE-C OF THE  STATE  FINANCE
LAW.
  S 3. The state finance law is amended by adding a new section 163-c to
read as follows:
  S 163-C. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS
SECTION:
  A.   "ALTERNATIVE   PROJECT   DELIVERY  METHODOLOGY"  SHALL  MEAN  ANY
CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY  THE  PROCUREMENT  FOR
THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD
PROCESS.
  B.  "STATE  CONTRACTING  AGENCY"  OR "AGENCY" SHALL MEAN THE OFFICE OF
GENERAL SERVICES AND/OR THE DEPARTMENT OF TRANSPORTATION.
  C. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN  FIVE  PERSONS
KNOWLEDGEABLE  IN  THE  CONSTRUCTION  INDUSTRY,  TO BE FORMED BY A STATE
CONTRACTING AUTHORITY  TO  EVALUATE  THE  QUALIFICATIONS  AND  PROPOSALS
SUBMITTED FOR THAT PROJECT.
  2.  NOTWITHSTANDING  THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE
OF THIS ARTICLE, SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, OR ANY  GENER-
AL,  SPECIAL  OR LOCAL LAW THAT MAY REQUIRE AN AGENCY TO AWARD CONTRACTS
TO THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING FOR  SEALED  BIDS,  A
STATE  CONTRACTING  AGENCY  MAY PROCURE CONSTRUCTION SERVICES THROUGH AN
ALTERNATIVE PROJECT DELIVERY METHODOLOGY FOR ANY PROJECT HAVING  A  COST
OF  TWENTY-FIVE  MILLION  DOLLARS  OR  MORE,  PROVIDED  THAT  THE  STATE
CONTRACTING AGENCY DETERMINES THAT  SUCH  ALTERNATIVE  PROJECT  DELIVERY
METHODOLOGY,  RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROCESS, WILL
PROVIDE BEST VALUE TO THE  STATE.  PRIOR  TO  UTILIZING  AN  ALTERNATIVE
PROJECT  DELIVERY  METHODOLOGY, THE AGENCY SHALL MAKE A WRITTEN DETERMI-
NATION IDENTIFYING THE REASONS FOR USING AN ALTERNATIVE PROJECT DELIVERY
METHODOLOGY, AND THE METHODOLOGY SELECTED. SUCH REASONS MAY INCLUDE, BUT
NEED NOT BE LIMITED TO, BENEFITS RELATING TO THE PROJECT SCHEDULE,  COST
OF THE PROJECT, AND PROJECT FEASIBILITY.
  3.  A  STATE  CONTRACTING  AGENCY  THAT  ELECTS  TO USE AN ALTERNATIVE
PROJECT DELIVERY METHODOLOGY SHALL AWARD A CONTRACT FOR SUCH SERVICES BY
COMPLETING A TWO STEP PROCESS: A. STEP ONE. THE AGENCY SHALL GENERATE  A
LIST  OF  ENTITIES  THAT  HAVE  DEMONSTRATED  THE  GENERAL CAPABILITY TO
PROVIDE  THE  ALTERNATIVE  PROJECT  DELIVERY  SERVICES  CHOSEN  FOR  THE
PROJECT.  SUCH  LIST SHALL BE GENERATED BASED ON THE AGENCY'S EVALUATION
TEAM'S REVIEW OF RESPONSES TO A PUBLICLY ADVERTISED REQUEST  FOR  QUALI-
FICATIONS.  THE  AGENCY'S  REQUEST  FOR  QUALIFICATIONS  SHALL INCLUDE A
GENERAL DESCRIPTION OF THE PROJECT, THE MAXIMUM NUMBER OF ENTITIES TO BE
INCLUDED ON THE LIST, AND THE SELECTION CRITERIA TO BE USED IN DETERMIN-
ING WHICH ENTITIES ARE ELIGIBLE TO RECEIVE REQUESTS FOR PROPOSALS PURSU-
ANT TO PARAGRAPH B OF THIS SUBDIVISION.  THE  SELECTION  CRITERIA  SHALL
INCLUDE  A  DESCRIPTION  OF  THE  RELATIVE WEIGHT TO BE ASSIGNED TO EACH
CRITERIA. IN DETERMINING WHETHER AN ENTITY QUALIFIES  FOR  INCLUSION  ON
SUCH  LIST, THE EVALUATION TEAM SHALL CONSIDER THE EXPERIENCE, EXPERTISE
AND PAST PERFORMANCE OF THE ENTITY, THE ENTITY'S  ABILITY  TO  UNDERTAKE
THE PROJECT, THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF
THE  ENTITY, AND SUCH OTHER QUALIFICATIONS AS THE AGENCY DEEMS APPROPRI-
ATE. THE EVALUATION TEAM SHALL ALSO CONSIDER SKILLED LABOR FORCE  AVAIL-
ABILITY,  WHETHER  PROPOSED KEY PERSONNEL HAVE SUFFICIENT EXPERIENCE AND
TRAINING TO COMPETENTLY MANAGE AND COMPLETE THE DESIGN AND  CONSTRUCTION
OF  THE  PROJECT,  AND OTHER NON-PRICE RELATED FACTORS. IN ADDITION, THE
AGENCY SHALL CONSIDER  THE  ENTITY'S  WORKERS'  COMPENSATION  EXPERIENCE
HISTORY  AND  WORKER SAFETY PROGRAMS. THE EVALUATION TEAM SHALL EVALUATE
AND RATE ALL ENTITIES RESPONDING  TO  THE  REQUEST  FOR  QUALIFICATIONS.

S. 402                              3

BASED  UPON  SUCH  RATINGS,  THE EVALUATION TEAM SHALL LIST THE ENTITIES
THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN ACCORDANCE WITH  PARAGRAPH
B OF THIS SUBDIVISION.
  B.  STEP  TWO.  THE  AGENCY SHALL ISSUE A REQUEST FOR PROPOSALS TO THE
ENTITIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH  AN
ENTITY  CONSISTS  OF  A  TEAM  OF  SEPARATE  ENTITIES, THE ENTITIES THAT
COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM  THE  ENTITY  AS  LISTED
PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION, UNLESS APPROVED BY THE
AGENCY. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE OF
WORK, AND OTHER REQUIREMENTS AS DETERMINED BY THE  AGENCY.  THE  REQUEST
FOR  PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO EVALU-
ATE THE RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH  CRITE-
RION.  THE  RESPONSES  SHALL  THEN  BE EVALUATED BASED UPON THE WEIGHTED
CRITERIA  AND  SELECTION  PROCEDURES  IDENTIFIED  IN  THE  REQUEST   FOR
PROPOSALS.  SUCH CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY
OF THE PROPOSAL'S SOLUTION, THE QUALIFICATIONS  AND  EXPERIENCE  OF  THE
DESIGN  AND CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE
AGENCY, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,  THE  PROPOSAL'S
PROJECT  IMPLEMENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST-
EFFECTIVE AND SATISFACTORY MANNER, THE SIZE, TYPE,  AND  DESIRED  DESIGN
CHARACTER OF THE PROJECT, PERFORMANCE SPECIFICATIONS COVERING THE QUALI-
TY  OF  MATERIALS,  EQUIPMENT,  WORKMANSHIP,  PRELIMINARY PLANS, AND ANY
OTHER INFORMATION THAT THE AGENCY DEEMS PERTINENT TO THE CONSTRUCTION OF
THE PROJECT. ANY CONTRACT AWARDED PURSUANT  TO  THIS  SECTION  SHALL  BE
AWARDED  TO  THE  RESPONSIVE  AND  RESPONSIBLE  ENTITY  THAT SUBMITS THE
PROPOSAL, WHICH OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE
EVALUATION TEAM IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA.
  4. WITHIN NINETY  DAYS  FOLLOWING  THE  SELECTION,  THE  AGENCY  SHALL
PROVIDE  A  REPORT  OF  THE  FINDINGS OF THE EVALUATION TEAM. THE REPORT
SHALL BE AVAILABLE TO THE PUBLIC FOR REVIEW.
  5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS  SECTION  SHALL  REQUIRE
THAT  ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY-
FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE  EDUCA-
TION  LAW  SHALL  BE  PERFORMED BY A PROFESSIONAL LICENSED IN ACCORDANCE
WITH SUCH ARTICLES.
  6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE  DEEMED  A
PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT  OF  THE  LABOR  LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE
REQUIREMENTS BY THE DEPARTMENT OF LABOR.
  7. EACH CONTRACT ENTERED INTO BY THE AGENCY PURSUANT TO  THIS  SECTION
SHALL  COMPLY  WITH THE OBJECTIVES AND GOALS OF MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
AND,  FOR  PROJECTS  RECEIVING FEDERAL AID, SHALL COMPLY WITH APPLICABLE
FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES.
  S 4. The public authorities law is amended by  adding  a  new  section
2880-b to read as follows:
  S 2880-B. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR THE PURPOSES OF
THIS SECTION:
  A.   "ALTERNATIVE   PROJECT   DELIVERY  METHODOLOGY"  SHALL  MEAN  ANY
CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY  THE  PROCUREMENT  FOR
THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD
PROCESS.
  B.  "STATE CONTRACTING AUTHORITY" OR "AUTHORITY" SHALL MEAN THE DORMI-
TORY AUTHORITY, THE NEW YORK STATE THRUWAY AUTHORITY, THE NEW YORK  CITY
SCHOOL CONSTRUCTION AUTHORITY, AND THE METROPOLITAN COMMUTER TRANSPORTA-
TION AUTHORITY.

S. 402                              4

  C.  "EVALUATION  TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS
KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO  BE  FORMED  BY  A  STATE
CONTRACTING  AUTHORITY  TO  EVALUATE  THE  QUALIFICATIONS  AND PROPOSALS
SUBMITTED FOR THAT PROJECT.
  2.   NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS  TITLE  OR  THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  THAT  MAY  REQUIRE  AN
AUTHORITY  TO  AWARD  CONTRACTS  TO  THE LOWEST RESPONSIBLE BIDDER AFTER
ADVERTISING FOR SEALED BIDS, A STATE CONTRACTING AUTHORITY  MAY  PROCURE
CONSTRUCTION  SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY METHODOL-
OGY FOR ANY PROJECT HAVING A COST  OF  TWENTY-FIVE  MILLION  DOLLARS  OR
MORE, PROVIDED THAT THE STATE CONTRACTING AUTHORITY DETERMINES THAT SUCH
ALTERNATIVE  PROJECT  DELIVERY  METHODOLOGY, RATHER THAN THE TRADITIONAL
DESIGN-BID-BUILD PROCESS, WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO
UTILIZING AN ALTERNATIVE PROJECT  DELIVERY  METHODOLOGY,  THE  AUTHORITY
SHALL  MAKE A WRITTEN DETERMINATION IDENTIFYING THE REASONS FOR USING AN
ALTERNATIVE PROJECT DELIVERY METHODOLOGY, AND THE METHODOLOGY  SELECTED.
SUCH  REASONS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, BENEFITS RELATING
TO THE PROJECT SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY.
  3. A STATE CONTRACTING AUTHORITY THAT ELECTS  TO  USE  AN  ALTERNATIVE
PROJECT DELIVERY METHODOLOGY SHALL AWARD A CONTRACT FOR SUCH SERVICES BY
COMPLETING A TWO STEP PROCESS: A. STEP ONE. THE AUTHORITY SHALL GENERATE
A  LIST  OF  ENTITIES  THAT  HAVE DEMONSTRATED THE GENERAL CAPABILITY TO
PROVIDE  THE  ALTERNATIVE  PROJECT  DELIVERY  SERVICES  CHOSEN  FOR  THE
PROJECT.  SUCH  LIST  SHALL BE GENERATED BASED ON THE AUTHORITY'S EVALU-
ATION TEAM'S REVIEW OF RESPONSES TO A PUBLICLY  ADVERTISED  REQUEST  FOR
QUALIFICATIONS. THE AUTHORITY'S REQUEST FOR QUALIFICATIONS SHALL INCLUDE
A  GENERAL DESCRIPTION OF THE PROJECT, THE MAXIMUM NUMBER OF ENTITIES TO
BE INCLUDED ON THE LIST, AND THE SELECTION CRITERIA TO BE USED IN DETER-
MINING WHICH ENTITIES ARE ELIGIBLE TO  RECEIVE  REQUESTS  FOR  PROPOSALS
PURSUANT  TO  PARAGRAPH  B  OF  THIS SUBDIVISION. THE SELECTION CRITERIA
SHALL INCLUDE A DESCRIPTION OF THE RELATIVE WEIGHT  TO  BE  ASSIGNED  TO
EACH  CRITERIA. IN DETERMINING WHETHER AN ENTITY QUALIFIES FOR INCLUSION
ON SUCH LIST, THE EVALUATION TEAM SHALL CONSIDER THE EXPERIENCE,  EXPER-
TISE  AND PAST PERFORMANCE OF THE ENTITY, THE ENTITY'S ABILITY TO UNDER-
TAKE THE PROJECT, THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABIL-
ITY OF THE ENTITY, AND SUCH OTHER QUALIFICATIONS AS THE AUTHORITY  DEEMS
APPROPRIATE. THE EVALUATION TEAM SHALL ALSO CONSIDER SKILLED LABOR FORCE
AVAILABILITY,  WHETHER PROPOSED KEY PERSONNEL HAVE SUFFICIENT EXPERIENCE
AND  TRAINING  TO  COMPETENTLY  MANAGE  AND  COMPLETE  THE  DESIGN   AND
CONSTRUCTION  OF  THE  PROJECT,  AND OTHER NON-PRICE RELATED FACTORS. IN
ADDITION, THE AUTHORITY SHALL CONSIDER  THE  ENTITY'S  WORKERS'  COMPEN-
SATION  EXPERIENCE  HISTORY  AND  WORKER SAFETY PROGRAMS. THE EVALUATION
TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING TO THE REQUEST  FOR
QUALIFICATIONS.  BASED UPON SUCH RATINGS, THE EVALUATION TEAM SHALL LIST
THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR  PROPOSALS  IN  ACCORDANCE
WITH PARAGRAPH B OF THIS SUBDIVISION.
  B.  STEP TWO. THE AUTHORITY SHALL ISSUE A REQUEST FOR PROPOSALS TO THE
ENTITIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH  AN
ENTITY  CONSISTS  OF  A  TEAM  OF  SEPARATE  ENTITIES, THE ENTITIES THAT
COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM  THE  ENTITY  AS  LISTED
PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION, UNLESS APPROVED BY THE
AUTHORITY. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE
OF WORK, AND OTHER REQUIREMENTS AS  DETERMINED  BY  THE  AUTHORITY.  THE
REQUEST FOR PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO
EVALUATE  THE  RESPONSES  AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH
CRITERION. THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE WEIGHTED

S. 402                              5

CRITERIA  AND  SELECTION  PROCEDURES  IDENTIFIED  IN  THE  REQUEST   FOR
PROPOSALS.  SUCH CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY
OF THE PROPOSAL'S SOLUTION, THE QUALIFICATIONS  AND  EXPERIENCE  OF  THE
DESIGN  AND CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE
AUTHORITY,  WHICH  MAY  INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO,  THE
PROPOSAL'S  PROJECT  IMPLEMENTATION,  ABILITY  TO COMPLETE THE WORK IN A
TIMELY, COST-EFFECTIVE AND SATISFACTORY  MANNER,  THE  SIZE,  TYPE,  AND
DESIRED  DESIGN  CHARACTER  OF  THE  PROJECT, PERFORMANCE SPECIFICATIONS
COVERING THE QUALITY OF MATERIALS, EQUIPMENT,  WORKMANSHIP,  PRELIMINARY
PLANS,  AND  ANY OTHER INFORMATION THAT THE AUTHORITY DEEMS PERTINENT TO
THE CONSTRUCTION OF THE PROJECT. ANY CONTRACT AWARDED PURSUANT  TO  THIS
SECTION  SHALL  BE AWARDED TO THE RESPONSIVE AND RESPONSIBLE ENTITY THAT
SUBMITS THE PROPOSAL, WHICH OFFERS THE   BEST VALUE  TO  THE  STATE,  AS
DETERMINED  BY  THE  EVALUATION  TEAM IN ACCORDANCE WITH THE ESTABLISHED
SELECTION CRITERIA.
  4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE  STATE  CONTRACTING
AUTHORITY SHALL PROVIDE A REPORT OF THE FINDINGS OF THE EVALUATION TEAM.
THE REPORT SHALL BE AVAILABLE TO THE PUBLIC FOR REVIEW.
  5.  ANY  CONTRACT  ENTERED INTO PURSUANT TO THIS SECTION SHALL REQUIRE
THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED  FORTY-
FIVE,  ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA-
TION LAW SHALL BE PERFORMED BY A  PROFESSIONAL  LICENSED  IN  ACCORDANCE
WITH SUCH ARTICLES.
  6.  ANY  PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A
PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW AND SUBJECT TO  ENFORCEMENT  OF  PREVAILING  WAGE
REQUIREMENTS BY THE DEPARTMENT OF LABOR.
  7.  EACH  CONTRACT  ENTERED  INTO  BY  THE  AUTHORITY PURSUANT TO THIS
SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL COMPLY WITH
APPLICABLE FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES.
  S 5. The education law is amended by adding a  new  section  376-b  to
read as follows:
  S 376-B. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS
SECTION:
  A.   "ALTERNATIVE   PROJECT   DELIVERY  METHODOLOGY"  SHALL  MEAN  ANY
CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY  THE  PROCUREMENT  FOR
THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD
PROCESS.
  B.  "EVALUATION  TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS
KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO  BE  FORMED  BY  A  STATE
CONTRACTING  AUTHORITY  TO  EVALUATE  THE  QUALIFICATIONS  AND PROPOSALS
SUBMITTED FOR THAT PROJECT.
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-SIX
OF THIS ARTICLE, OR THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW
THAT  MAY REQUIRE AN AGENCY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE
BIDDER  AFTER  ADVERTISING  FOR  SEALED  BIDS,  THE  FUND  MAY   PROCURE
CONSTRUCTION  SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY METHODOL-
OGY FOR ANY PROJECT HAVING A COST  OF  TWENTY-FIVE  MILLION  DOLLARS  OR
MORE,  PROVIDED  THAT  THE FUND DETERMINES THAT SUCH ALTERNATIVE PROJECT
DELIVERY METHODOLOGY, RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROC-
ESS, WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO UTILIZING AN  ALTER-
NATIVE  PROJECT  DELIVERY  METHODOLOGY,  THE  FUND  SHALL MAKE A WRITTEN
DETERMINATION IDENTIFYING THE REASONS FOR USING AN  ALTERNATIVE  PROJECT
DELIVERY  METHODOLOGY,  AND  THE  METHODOLOGY SELECTED. SUCH REASONS MAY

S. 402                              6

INCLUDE, BUT NEED NOT BE LIMITED TO, BENEFITS RELATING  TO  THE  PROJECT
SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY.
  3. IF THE FUND ELECTS TO USE AN ALTERNATIVE PROJECT DELIVERY METHODOL-
OGY,  THE  FUND SHALL AWARD A CONTRACT FOR SUCH SERVICES BY COMPLETING A
TWO STEP PROCESS: A. STEP ONE. THE FUND SHALL GENERATE A LIST  OF  ENTI-
TIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO PROVIDE THE ALTER-
NATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE PROJECT. SUCH LIST SHALL
BE  GENERATED  BASED ON THE FUND'S EVALUATION TEAM'S REVIEW OF RESPONSES
TO A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. THE FUND'S  REQUEST
FOR  QUALIFICATIONS  SHALL INCLUDE A GENERAL DESCRIPTION OF THE PROJECT,
THE MAXIMUM NUMBER OF ENTITIES TO BE  INCLUDED  ON  THE  LIST,  AND  THE
SELECTION CRITERIA TO BE USED IN DETERMINING WHICH ENTITIES ARE ELIGIBLE
TO RECEIVE REQUESTS FOR PROPOSALS PURSUANT TO PARAGRAPH B OF THIS SUBDI-
VISION.  THE SELECTION CRITERIA SHALL INCLUDE A DESCRIPTION OF THE RELA-
TIVE WEIGHT TO BE ASSIGNED TO EACH CRITERIA. IN DETERMINING  WHETHER  AN
ENTITY  QUALIFIES  FOR INCLUSION ON SUCH LIST, THE EVALUATION TEAM SHALL
CONSIDER THE EXPERIENCE, EXPERTISE AND PAST PERFORMANCE OF  THE  ENTITY,
THE ENTITY'S ABILITY TO UNDERTAKE THE PROJECT, THE FINANCIAL CAPABILITY,
RESPONSIBILITY  AND RELIABILITY OF THE ENTITY, AND SUCH OTHER QUALIFICA-
TIONS AS THE FUND DEEMS APPROPRIATE.  THE  EVALUATION  TEAM  SHALL  ALSO
CONSIDER  SKILLED LABOR FORCE AVAILABILITY, WHETHER PROPOSED KEY PERSON-
NEL HAVE SUFFICIENT EXPERIENCE AND TRAINING TO  COMPETENTLY  MANAGE  AND
COMPLETE THE DESIGN AND CONSTRUCTION OF THE PROJECT, AND OTHER NON-PRICE
RELATED FACTORS. IN ADDITION, THE FUND SHALL CONSIDER THE ENTITY'S WORK-
ERS'  COMPENSATION  EXPERIENCE  HISTORY  AND WORKER SAFETY PROGRAMS. THE
EVALUATION TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING  TO  THE
REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE EVALUATION TEAM
SHALL  LIST  THE  ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN
ACCORDANCE WITH PARAGRAPH B OF THIS SUBDIVISION.
  B. STEP TWO. THE FUND SHALL ISSUE A REQUEST FOR PROPOSALS TO THE ENTI-
TIES LISTED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION.  IF  SUCH  AN
ENTITY  CONSISTS  OF  A  TEAM  OF  SEPARATE  ENTITIES, THE ENTITIES THAT
COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM  THE  ENTITY  AS  LISTED
PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION, UNLESS APPROVED BY THE
FUND. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S  SCOPE  OF
WORK,  AND OTHER REQUIREMENTS AS DETERMINED BY THE FUND. THE REQUEST FOR
PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE  USED  TO  EVALUATE
THE  RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH CRITERION.
THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE  WEIGHTED  CRITERIA
AND  SELECTION  PROCEDURES IDENTIFIED IN THE REQUEST FOR PROPOSALS. SUCH
CRITERIA  SHALL  INCLUDE  THE  PROPOSAL'S  COST,  THE  QUALITY  OF   THE
PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN AND
CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE FUND, WHICH
MAY  INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S PROJECT IMPLE-
MENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST-EFFECTIVE  AND
SATISFACTORY MANNER, THE SIZE, TYPE, AND DESIRED DESIGN CHARACTER OF THE
PROJECT,  PERFORMANCE  SPECIFICATIONS COVERING THE QUALITY OF MATERIALS,
EQUIPMENT, WORKMANSHIP, PRELIMINARY PLANS,  AND  ANY  OTHER  INFORMATION
THAT  THE  FUND  DEEMS PERTINENT TO THE CONSTRUCTION OF THE PROJECT. ANY
CONTRACT AWARDED PURSUANT TO  THIS  SECTION  SHALL  BE  AWARDED  TO  THE
RESPONSIVE  AND  RESPONSIBLE  ENTITY  THAT  SUBMITS  THE PROPOSAL, WHICH
OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE EVALUATION TEAM
IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA.
  4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE FUND SHALL  PROVIDE
A  REPORT  OF  THE  FINDINGS OF THE EVALUATION TEAM. THE REPORT SHALL BE
AVAILABLE TO THE PUBLIC FOR REVIEW.

S. 402                              7

  5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS  SECTION  SHALL  REQUIRE
THAT  ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY-
FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THIS  CHAP-
TER  SHALL  BE  PERFORMED  BY A PROFESSIONAL LICENSED IN ACCORDANCE WITH
SUCH ARTICLES.
  6.  ANY  PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A
PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW AND SUBJECT TO  ENFORCEMENT  OF  PREVAILING  WAGE
REQUIREMENTS BY THE DEPARTMENT OF LABOR.
  7.  EACH  CONTRACT  ENTERED  INTO BY THE FUND PURSUANT TO THIS SECTION
SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY  AND  WOMEN-OWNED
BUSINESS  ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL  COMPLY  WITH  APPLICABLE
FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES.
  S 6. The education law is amended by adding a new section 6284 to read
as follows:
  S  6284. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS
SECTION:
  A.  "ALTERNATIVE  PROJECT  DELIVERY  METHODOLOGY"   SHALL   MEAN   ANY
CONSTRUCTION  PROJECT  DELIVERY  METHODOLOGY WHEREBY THE PROCUREMENT FOR
THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD
PROCESS.
  B. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN  FIVE  PERSONS
KNOWLEDGEABLE  IN THE CONSTRUCTION INDUSTRY, TO BE FORMED BY THE FUND TO
EVALUATE THE QUALIFICATIONS AND PROPOSALS SUBMITTED FOR THAT PROJECT.
  2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
THAT MAY REQUIRE AN AGENCY TO AWARD CONTRACTS TO THE LOWEST  RESPONSIBLE
BIDDER   AFTER  ADVERTISING  FOR  SEALED  BIDS,  THE  FUND  MAY  PROCURE
CONSTRUCTION SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY  METHODOL-
OGY  FOR  ANY  PROJECT  HAVING  A COST OF TWENTY-FIVE MILLION DOLLARS OR
MORE, PROVIDED THAT THE FUND DETERMINES THAT  SUCH  ALTERNATIVE  PROJECT
DELIVERY METHODOLOGY, RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROC-
ESS,  WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO UTILIZING AN ALTER-
NATIVE PROJECT DELIVERY METHODOLOGY,  THE  FUND  SHALL  MAKE  A  WRITTEN
DETERMINATION  IDENTIFYING  THE REASONS FOR USING AN ALTERNATIVE PROJECT
DELIVERY METHODOLOGY, AND THE METHODOLOGY SELECTED.   SUCH  REASONS  MAY
INCLUDE,  BUT  NEED  NOT BE LIMITED TO, BENEFITS RELATING TO THE PROJECT
SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY.
  3. IF THE FUND ELECTS TO USE AN ALTERNATIVE PROJECT DELIVERY METHODOL-
OGY, THE FUND SHALL AWARD A CONTRACT FOR SUCH SERVICES BY  COMPLETING  A
TWO  STEP  PROCESS: A. STEP ONE. THE FUND SHALL GENERATE A LIST OF ENTI-
TIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO PROVIDE THE ALTER-
NATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE PROJECT. SUCH LIST SHALL
BE GENERATED BASED ON THE FUND'S EVALUATION TEAM'S REVIEW  OF  RESPONSES
TO  A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. THE FUND'S REQUEST
FOR QUALIFICATIONS SHALL INCLUDE A GENERAL DESCRIPTION OF  THE  PROJECT,
THE  MAXIMUM  NUMBER  OF  ENTITIES  TO  BE INCLUDED ON THE LIST, AND THE
SELECTION CRITERIA TO BE USED IN DETERMINING WHICH ENTITIES ARE ELIGIBLE
TO RECEIVE REQUESTS FOR PROPOSALS PURSUANT TO PARAGRAPH B OF THIS SUBDI-
VISION. THE SELECTION CRITERIA SHALL INCLUDE A DESCRIPTION OF THE  RELA-
TIVE  WEIGHT  TO BE ASSIGNED TO EACH CRITERIA. IN DETERMINING WHETHER AN
ENTITY QUALIFIES FOR INCLUSION ON SUCH LIST, THE EVALUATION  TEAM  SHALL
CONSIDER  THE  EXPERIENCE, EXPERTISE AND PAST PERFORMANCE OF THE ENTITY,
THE ENTITY'S ABILITY TO UNDERTAKE THE PROJECT, THE FINANCIAL CAPABILITY,
RESPONSIBILITY AND RELIABILITY OF THE ENTITY, AND SUCH OTHER  QUALIFICA-
TIONS  AS  THE  FUND  DEEMS  APPROPRIATE. THE EVALUATION TEAM SHALL ALSO

S. 402                              8

CONSIDER SKILLED LABOR FORCE AVAILABILITY, WHETHER PROPOSED KEY  PERSON-
NEL  HAVE  SUFFICIENT  EXPERIENCE AND TRAINING TO COMPETENTLY MANAGE AND
COMPLETE THE DESIGN AND CONSTRUCTION OF THE PROJECT, AND OTHER NON-PRICE
RELATED FACTORS. IN ADDITION, THE FUND SHALL CONSIDER THE ENTITY'S WORK-
ERS'  COMPENSATION  EXPERIENCE  HISTORY  AND WORKER SAFETY PROGRAMS. THE
EVALUATION TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING  TO  THE
REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE EVALUATION TEAM
SHALL  LIST  THE  ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN
ACCORDANCE WITH PARAGRAPH B OF THIS SUBDIVISION.
  B. STEP TWO. THE FUND SHALL ISSUE A REQUEST FOR PROPOSALS TO THE ENTI-
TIES LISTED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION.  IF  SUCH  AN
ENTITY  CONSISTS  OF  A  TEAM  OF  SEPARATE  ENTITIES, THE ENTITIES THAT
COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM  THE  ENTITY  AS  LISTED
PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION, UNLESS APPROVED BY THE
FUND. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S  SCOPE  OF
WORK,  AND OTHER REQUIREMENTS AS DETERMINED BY THE FUND. THE REQUEST FOR
PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE  USED  TO  EVALUATE
THE  RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH CRITERION.
THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE  WEIGHTED  CRITERIA
AND  SELECTION  PROCEDURES IDENTIFIED IN THE REQUEST FOR PROPOSALS. SUCH
CRITERIA  SHALL  INCLUDE  THE  PROPOSAL'S  COST,  THE  QUALITY  OF   THE
PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN AND
CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE FUND, WHICH
MAY  INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S PROJECT IMPLE-
MENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST-EFFECTIVE  AND
SATISFACTORY MANNER, THE SIZE, TYPE, AND DESIRED DESIGN CHARACTER OF THE
PROJECT,  PERFORMANCE  SPECIFICATIONS COVERING THE QUALITY OF MATERIALS,
EQUIPMENT, WORKMANSHIP, PRELIMINARY PLANS,  AND  ANY  OTHER  INFORMATION
THAT  THE  FUND  DEEMS PERTINENT TO THE CONSTRUCTION OF THE PROJECT. ANY
CONTRACT AWARDED PURSUANT TO  THIS  SECTION  SHALL  BE  AWARDED  TO  THE
RESPONSIVE  AND  RESPONSIBLE  ENTITY  THAT  SUBMITS  THE PROPOSAL, WHICH
OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE EVALUATION TEAM
IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA.
  4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE FUND SHALL  PROVIDE
A  REPORT  OF  THE  FINDINGS OF THE EVALUATION TEAM. THE REPORT SHALL BE
AVAILABLE TO THE PUBLIC FOR REVIEW.
  5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS  SECTION  SHALL  REQUIRE
THAT  ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY-
FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THIS  CHAP-
TER  SHALL  BE  PERFORMED  BY A PROFESSIONAL LICENSED IN ACCORDANCE WITH
SUCH ARTICLES.
  6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE  DEEMED  A
PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT  OF  THE  LABOR  LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE
REQUIREMENTS BY THE DEPARTMENT OF LABOR.
  7. EACH CONTRACT ENTERED INTO BY THE FUND  PURSUANT  TO  THIS  SECTION
SHALL  COMPLY  WITH THE OBJECTIVES AND GOALS OF MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
AND,  FOR  PROJECTS  RECEIVING FEDERAL AID, SHALL COMPLY WITH APPLICABLE
FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES.
  S 7. This act shall take effect immediately.

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