Bill Text: NY S01801 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to alternative project delivery methodologies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S01801 Detail]
Download: New_York-2015-S01801-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1801 2015-2016 Regular Sessions I N S E N A T E January 14, 2015 ___________ 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: 1 Section 1. Legislative finding and intent. The federal government and 2 numerous states regularly engage in what is termed "alternative project 3 delivery" options for the procurement and construction of both building 4 and transportation projects. These methods, which include design-build, 5 construction manager at-risk, public/private partnerships and integrated 6 project delivery have become proven methods for the efficient and effec- 7 tive delivery of public construction projects. Such methodologies have 8 often produced high-quality projects at lower costs and at greatly 9 improved timeframes. 10 Although design-bid-build should remain the primary method to deliver 11 most public construction projects, the legislature declares that the 12 department of transportation, the office of general services, the dormi- 13 tory authority, the thruway authority, the state university construction 14 fund, the city university construction fund, the New York city school 15 construction authority and the metropolitan transportation authority 16 should be permitted to engage in such "alternative project delivery" 17 methods, subject to certain limitations and protections. 18 S 2. Section 38 of the highway law is amended by adding a new subdivi- 19 sion 10 to read as follows: 20 10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR THE 21 PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, 22 THE DEPARTMENT MAY PROCURE SERVICES TO CONSTRUCT OR IMPROVE A STATE 23 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. LBD06760-01-5 S. 1801 2 1 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-THREE-C OF THE STATE FINANCE 2 LAW. 3 S 3. The state finance law is amended by adding a new section 163-c to 4 read as follows: 5 S 163-C. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS 6 SECTION: 7 A. "ALTERNATIVE PROJECT DELIVERY METHODOLOGY" SHALL MEAN ANY 8 CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY THE PROCUREMENT FOR 9 THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD 10 PROCESS. 11 B. "STATE CONTRACTING AGENCY" OR "AGENCY" SHALL MEAN THE OFFICE OF 12 GENERAL SERVICES AND/OR THE DEPARTMENT OF TRANSPORTATION. 13 C. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS 14 KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO BE FORMED BY A STATE 15 CONTRACTING AUTHORITY TO EVALUATE THE QUALIFICATIONS AND PROPOSALS 16 SUBMITTED FOR THAT PROJECT. 17 2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE 18 OF THIS ARTICLE, SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, OR ANY GENER- 19 AL, SPECIAL OR LOCAL LAW THAT MAY REQUIRE AN AGENCY TO AWARD CONTRACTS 20 TO THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, A 21 STATE CONTRACTING AGENCY MAY PROCURE CONSTRUCTION SERVICES THROUGH AN 22 ALTERNATIVE PROJECT DELIVERY METHODOLOGY FOR ANY PROJECT HAVING A COST 23 OF TWENTY-FIVE MILLION DOLLARS OR MORE, PROVIDED THAT THE STATE 24 CONTRACTING AGENCY DETERMINES THAT SUCH ALTERNATIVE PROJECT DELIVERY 25 METHODOLOGY, RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROCESS, WILL 26 PROVIDE BEST VALUE TO THE STATE. PRIOR TO UTILIZING AN ALTERNATIVE 27 PROJECT DELIVERY METHODOLOGY, THE AGENCY SHALL MAKE A WRITTEN DETERMI- 28 NATION IDENTIFYING THE REASONS FOR USING AN ALTERNATIVE PROJECT DELIVERY 29 METHODOLOGY, AND THE METHODOLOGY SELECTED. SUCH REASONS MAY INCLUDE, BUT 30 NEED NOT BE LIMITED TO, BENEFITS RELATING TO THE PROJECT SCHEDULE, COST 31 OF THE PROJECT, AND PROJECT FEASIBILITY. 32 3. A STATE CONTRACTING AGENCY THAT ELECTS TO USE AN ALTERNATIVE 33 PROJECT DELIVERY METHODOLOGY SHALL AWARD A CONTRACT FOR SUCH SERVICES BY 34 COMPLETING A TWO STEP PROCESS: A. STEP ONE. THE AGENCY SHALL GENERATE A 35 LIST OF ENTITIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO 36 PROVIDE THE ALTERNATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE 37 PROJECT. SUCH LIST SHALL BE GENERATED BASED ON THE AGENCY'S EVALUATION 38 TEAM'S REVIEW OF RESPONSES TO A PUBLICLY ADVERTISED REQUEST FOR QUALI- 39 FICATIONS. THE AGENCY'S REQUEST FOR QUALIFICATIONS SHALL INCLUDE A 40 GENERAL DESCRIPTION OF THE PROJECT, THE MAXIMUM NUMBER OF ENTITIES TO BE 41 INCLUDED ON THE LIST, AND THE SELECTION CRITERIA TO BE USED IN DETERMIN- 42 ING WHICH ENTITIES ARE ELIGIBLE TO RECEIVE REQUESTS FOR PROPOSALS PURSU- 43 ANT TO PARAGRAPH B OF THIS SUBDIVISION. THE SELECTION CRITERIA SHALL 44 INCLUDE A DESCRIPTION OF THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH 45 CRITERIA. IN DETERMINING WHETHER AN ENTITY QUALIFIES FOR INCLUSION ON 46 SUCH LIST, THE EVALUATION TEAM SHALL CONSIDER THE EXPERIENCE, EXPERTISE 47 AND PAST PERFORMANCE OF THE ENTITY, THE ENTITY'S ABILITY TO UNDERTAKE 48 THE PROJECT, THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF 49 THE ENTITY, AND SUCH OTHER QUALIFICATIONS AS THE AGENCY DEEMS APPROPRI- 50 ATE. THE EVALUATION TEAM SHALL ALSO CONSIDER SKILLED LABOR FORCE AVAIL- 51 ABILITY, WHETHER PROPOSED KEY PERSONNEL HAVE SUFFICIENT EXPERIENCE AND 52 TRAINING TO COMPETENTLY MANAGE AND COMPLETE THE DESIGN AND CONSTRUCTION 53 OF THE PROJECT, AND OTHER NON-PRICE RELATED FACTORS. IN ADDITION, THE 54 AGENCY SHALL CONSIDER THE ENTITY'S WORKERS' COMPENSATION EXPERIENCE 55 HISTORY AND WORKER SAFETY PROGRAMS. THE EVALUATION TEAM SHALL EVALUATE 56 AND RATE ALL ENTITIES RESPONDING TO THE REQUEST FOR QUALIFICATIONS. S. 1801 3 1 BASED UPON SUCH RATINGS, THE EVALUATION TEAM SHALL LIST THE ENTITIES 2 THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN ACCORDANCE WITH PARAGRAPH 3 B OF THIS SUBDIVISION. 4 B. STEP TWO. THE AGENCY SHALL ISSUE A REQUEST FOR PROPOSALS TO THE 5 ENTITIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH AN 6 ENTITY CONSISTS OF A TEAM OF SEPARATE ENTITIES, THE ENTITIES THAT 7 COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM THE ENTITY AS LISTED 8 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, UNLESS APPROVED BY THE 9 AGENCY. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE OF 10 WORK, AND OTHER REQUIREMENTS AS DETERMINED BY THE AGENCY. THE REQUEST 11 FOR PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO EVALU- 12 ATE THE RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH CRITE- 13 RION. THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE WEIGHTED 14 CRITERIA AND SELECTION PROCEDURES IDENTIFIED IN THE REQUEST FOR 15 PROPOSALS. SUCH CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY 16 OF THE PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE 17 DESIGN AND CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE 18 AGENCY, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S 19 PROJECT IMPLEMENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST- 20 EFFECTIVE AND SATISFACTORY MANNER, THE SIZE, TYPE, AND DESIRED DESIGN 21 CHARACTER OF THE PROJECT, PERFORMANCE SPECIFICATIONS COVERING THE QUALI- 22 TY OF MATERIALS, EQUIPMENT, WORKMANSHIP, PRELIMINARY PLANS, AND ANY 23 OTHER INFORMATION THAT THE AGENCY DEEMS PERTINENT TO THE CONSTRUCTION OF 24 THE PROJECT. ANY CONTRACT AWARDED PURSUANT TO THIS SECTION SHALL BE 25 AWARDED TO THE RESPONSIVE AND RESPONSIBLE ENTITY THAT SUBMITS THE 26 PROPOSAL, WHICH OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE 27 EVALUATION TEAM IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA. 28 4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE AGENCY SHALL 29 PROVIDE A REPORT OF THE FINDINGS OF THE EVALUATION TEAM. THE REPORT 30 SHALL BE AVAILABLE TO THE PUBLIC FOR REVIEW. 31 5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL REQUIRE 32 THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY- 33 FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA- 34 TION LAW SHALL BE PERFORMED BY A PROFESSIONAL LICENSED IN ACCORDANCE 35 WITH SUCH ARTICLES. 36 6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A 37 PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 38 EIGHT OF THE LABOR LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE 39 REQUIREMENTS BY THE DEPARTMENT OF LABOR. 40 7. EACH CONTRACT ENTERED INTO BY THE AGENCY PURSUANT TO THIS SECTION 41 SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND WOMEN-OWNED 42 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW 43 AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL COMPLY WITH APPLICABLE 44 FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES. 45 S 4. The public authorities law is amended by adding a new section 46 2880-b to read as follows: 47 S 2880-B. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR THE PURPOSES OF 48 THIS SECTION: 49 A. "ALTERNATIVE PROJECT DELIVERY METHODOLOGY" SHALL MEAN ANY 50 CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY THE PROCUREMENT FOR 51 THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD 52 PROCESS. 53 B. "STATE CONTRACTING AUTHORITY" OR "AUTHORITY" SHALL MEAN THE DORMI- 54 TORY AUTHORITY, THE NEW YORK STATE THRUWAY AUTHORITY, THE NEW YORK CITY 55 SCHOOL CONSTRUCTION AUTHORITY, AND THE METROPOLITAN COMMUTER TRANSPORTA- 56 TION AUTHORITY. S. 1801 4 1 C. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS 2 KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO BE FORMED BY A STATE 3 CONTRACTING AUTHORITY TO EVALUATE THE QUALIFICATIONS AND PROPOSALS 4 SUBMITTED FOR THAT PROJECT. 5 2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TITLE OR THE 6 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW THAT MAY REQUIRE AN 7 AUTHORITY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER AFTER 8 ADVERTISING FOR SEALED BIDS, A STATE CONTRACTING AUTHORITY MAY PROCURE 9 CONSTRUCTION SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY METHODOL- 10 OGY FOR ANY PROJECT HAVING A COST OF TWENTY-FIVE MILLION DOLLARS OR 11 MORE, PROVIDED THAT THE STATE CONTRACTING AUTHORITY DETERMINES THAT SUCH 12 ALTERNATIVE PROJECT DELIVERY METHODOLOGY, RATHER THAN THE TRADITIONAL 13 DESIGN-BID-BUILD PROCESS, WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO 14 UTILIZING AN ALTERNATIVE PROJECT DELIVERY METHODOLOGY, THE AUTHORITY 15 SHALL MAKE A WRITTEN DETERMINATION IDENTIFYING THE REASONS FOR USING AN 16 ALTERNATIVE PROJECT DELIVERY METHODOLOGY, AND THE METHODOLOGY SELECTED. 17 SUCH REASONS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, BENEFITS RELATING 18 TO THE PROJECT SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY. 19 3. A STATE CONTRACTING AUTHORITY THAT ELECTS TO USE AN ALTERNATIVE 20 PROJECT DELIVERY METHODOLOGY SHALL AWARD A CONTRACT FOR SUCH SERVICES BY 21 COMPLETING A TWO STEP PROCESS: A. STEP ONE. THE AUTHORITY SHALL GENERATE 22 A LIST OF ENTITIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO 23 PROVIDE THE ALTERNATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE 24 PROJECT. SUCH LIST SHALL BE GENERATED BASED ON THE AUTHORITY'S EVALU- 25 ATION TEAM'S REVIEW OF RESPONSES TO A PUBLICLY ADVERTISED REQUEST FOR 26 QUALIFICATIONS. THE AUTHORITY'S REQUEST FOR QUALIFICATIONS SHALL INCLUDE 27 A GENERAL DESCRIPTION OF THE PROJECT, THE MAXIMUM NUMBER OF ENTITIES TO 28 BE INCLUDED ON THE LIST, AND THE SELECTION CRITERIA TO BE USED IN DETER- 29 MINING WHICH ENTITIES ARE ELIGIBLE TO RECEIVE REQUESTS FOR PROPOSALS 30 PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION. THE SELECTION CRITERIA 31 SHALL INCLUDE A DESCRIPTION OF THE RELATIVE WEIGHT TO BE ASSIGNED TO 32 EACH CRITERIA. IN DETERMINING WHETHER AN ENTITY QUALIFIES FOR INCLUSION 33 ON SUCH LIST, THE EVALUATION TEAM SHALL CONSIDER THE EXPERIENCE, EXPER- 34 TISE AND PAST PERFORMANCE OF THE ENTITY, THE ENTITY'S ABILITY TO UNDER- 35 TAKE THE PROJECT, THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABIL- 36 ITY OF THE ENTITY, AND SUCH OTHER QUALIFICATIONS AS THE AUTHORITY DEEMS 37 APPROPRIATE. THE EVALUATION TEAM SHALL ALSO CONSIDER SKILLED LABOR FORCE 38 AVAILABILITY, WHETHER PROPOSED KEY PERSONNEL HAVE SUFFICIENT EXPERIENCE 39 AND TRAINING TO COMPETENTLY MANAGE AND COMPLETE THE DESIGN AND 40 CONSTRUCTION OF THE PROJECT, AND OTHER NON-PRICE RELATED FACTORS. IN 41 ADDITION, THE AUTHORITY SHALL CONSIDER THE ENTITY'S WORKERS' COMPEN- 42 SATION EXPERIENCE HISTORY AND WORKER SAFETY PROGRAMS. THE EVALUATION 43 TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING TO THE REQUEST FOR 44 QUALIFICATIONS. BASED UPON SUCH RATINGS, THE EVALUATION TEAM SHALL LIST 45 THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN ACCORDANCE 46 WITH PARAGRAPH B OF THIS SUBDIVISION. 47 B. STEP TWO. THE AUTHORITY SHALL ISSUE A REQUEST FOR PROPOSALS TO THE 48 ENTITIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH AN 49 ENTITY CONSISTS OF A TEAM OF SEPARATE ENTITIES, THE ENTITIES THAT 50 COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM THE ENTITY AS LISTED 51 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, UNLESS APPROVED BY THE 52 AUTHORITY. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE 53 OF WORK, AND OTHER REQUIREMENTS AS DETERMINED BY THE AUTHORITY. THE 54 REQUEST FOR PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO 55 EVALUATE THE RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH 56 CRITERION. THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE WEIGHTED S. 1801 5 1 CRITERIA AND SELECTION PROCEDURES IDENTIFIED IN THE REQUEST FOR 2 PROPOSALS. SUCH CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY 3 OF THE PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE 4 DESIGN AND CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE 5 AUTHORITY, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE 6 PROPOSAL'S PROJECT IMPLEMENTATION, ABILITY TO COMPLETE THE WORK IN A 7 TIMELY, COST-EFFECTIVE AND SATISFACTORY MANNER, THE SIZE, TYPE, AND 8 DESIRED DESIGN CHARACTER OF THE PROJECT, PERFORMANCE SPECIFICATIONS 9 COVERING THE QUALITY OF MATERIALS, EQUIPMENT, WORKMANSHIP, PRELIMINARY 10 PLANS, AND ANY OTHER INFORMATION THAT THE AUTHORITY DEEMS PERTINENT TO 11 THE CONSTRUCTION OF THE PROJECT. ANY CONTRACT AWARDED PURSUANT TO THIS 12 SECTION SHALL BE AWARDED TO THE RESPONSIVE AND RESPONSIBLE ENTITY THAT 13 SUBMITS THE PROPOSAL, WHICH OFFERS THE BEST VALUE TO THE STATE, AS 14 DETERMINED BY THE EVALUATION TEAM IN ACCORDANCE WITH THE ESTABLISHED 15 SELECTION CRITERIA. 16 4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE STATE CONTRACTING 17 AUTHORITY SHALL PROVIDE A REPORT OF THE FINDINGS OF THE EVALUATION TEAM. 18 THE REPORT SHALL BE AVAILABLE TO THE PUBLIC FOR REVIEW. 19 5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL REQUIRE 20 THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY- 21 FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA- 22 TION LAW SHALL BE PERFORMED BY A PROFESSIONAL LICENSED IN ACCORDANCE 23 WITH SUCH ARTICLES. 24 6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A 25 PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 26 EIGHT OF THE LABOR LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE 27 REQUIREMENTS BY THE DEPARTMENT OF LABOR. 28 7. EACH CONTRACT ENTERED INTO BY THE AUTHORITY PURSUANT TO THIS 29 SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND 30 WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE 31 EXECUTIVE LAW AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL COMPLY WITH 32 APPLICABLE FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES. 33 S 5. The education law is amended by adding a new section 376-b to 34 read as follows: 35 S 376-B. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS 36 SECTION: 37 A. "ALTERNATIVE PROJECT DELIVERY METHODOLOGY" SHALL MEAN ANY 38 CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY THE PROCUREMENT FOR 39 THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD 40 PROCESS. 41 B. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS 42 KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO BE FORMED BY A STATE 43 CONTRACTING AUTHORITY TO EVALUATE THE QUALIFICATIONS AND PROPOSALS 44 SUBMITTED FOR THAT PROJECT. 45 2. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-SIX 46 OF THIS ARTICLE, OR THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW 47 THAT MAY REQUIRE AN AGENCY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE 48 BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE FUND MAY PROCURE 49 CONSTRUCTION SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY METHODOL- 50 OGY FOR ANY PROJECT HAVING A COST OF TWENTY-FIVE MILLION DOLLARS OR 51 MORE, PROVIDED THAT THE FUND DETERMINES THAT SUCH ALTERNATIVE PROJECT 52 DELIVERY METHODOLOGY, RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROC- 53 ESS, WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO UTILIZING AN ALTER- 54 NATIVE PROJECT DELIVERY METHODOLOGY, THE FUND SHALL MAKE A WRITTEN 55 DETERMINATION IDENTIFYING THE REASONS FOR USING AN ALTERNATIVE PROJECT 56 DELIVERY METHODOLOGY, AND THE METHODOLOGY SELECTED. SUCH REASONS MAY S. 1801 6 1 INCLUDE, BUT NEED NOT BE LIMITED TO, BENEFITS RELATING TO THE PROJECT 2 SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY. 3 3. IF THE FUND ELECTS TO USE AN ALTERNATIVE PROJECT DELIVERY METHODOL- 4 OGY, THE FUND SHALL AWARD A CONTRACT FOR SUCH SERVICES BY COMPLETING A 5 TWO STEP PROCESS: A. STEP ONE. THE FUND SHALL GENERATE A LIST OF ENTI- 6 TIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO PROVIDE THE ALTER- 7 NATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE PROJECT. SUCH LIST SHALL 8 BE GENERATED BASED ON THE FUND'S EVALUATION TEAM'S REVIEW OF RESPONSES 9 TO A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. THE FUND'S REQUEST 10 FOR QUALIFICATIONS SHALL INCLUDE A GENERAL DESCRIPTION OF THE PROJECT, 11 THE MAXIMUM NUMBER OF ENTITIES TO BE INCLUDED ON THE LIST, AND THE 12 SELECTION CRITERIA TO BE USED IN DETERMINING WHICH ENTITIES ARE ELIGIBLE 13 TO RECEIVE REQUESTS FOR PROPOSALS PURSUANT TO PARAGRAPH B OF THIS SUBDI- 14 VISION. THE SELECTION CRITERIA SHALL INCLUDE A DESCRIPTION OF THE RELA- 15 TIVE WEIGHT TO BE ASSIGNED TO EACH CRITERIA. IN DETERMINING WHETHER AN 16 ENTITY QUALIFIES FOR INCLUSION ON SUCH LIST, THE EVALUATION TEAM SHALL 17 CONSIDER THE EXPERIENCE, EXPERTISE AND PAST PERFORMANCE OF THE ENTITY, 18 THE ENTITY'S ABILITY TO UNDERTAKE THE PROJECT, THE FINANCIAL CAPABILITY, 19 RESPONSIBILITY AND RELIABILITY OF THE ENTITY, AND SUCH OTHER QUALIFICA- 20 TIONS AS THE FUND DEEMS APPROPRIATE. THE EVALUATION TEAM SHALL ALSO 21 CONSIDER SKILLED LABOR FORCE AVAILABILITY, WHETHER PROPOSED KEY PERSON- 22 NEL HAVE SUFFICIENT EXPERIENCE AND TRAINING TO COMPETENTLY MANAGE AND 23 COMPLETE THE DESIGN AND CONSTRUCTION OF THE PROJECT, AND OTHER NON-PRICE 24 RELATED FACTORS. IN ADDITION, THE FUND SHALL CONSIDER THE ENTITY'S WORK- 25 ERS' COMPENSATION EXPERIENCE HISTORY AND WORKER SAFETY PROGRAMS. THE 26 EVALUATION TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING TO THE 27 REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE EVALUATION TEAM 28 SHALL LIST THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN 29 ACCORDANCE WITH PARAGRAPH B OF THIS SUBDIVISION. 30 B. STEP TWO. THE FUND SHALL ISSUE A REQUEST FOR PROPOSALS TO THE ENTI- 31 TIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH AN 32 ENTITY CONSISTS OF A TEAM OF SEPARATE ENTITIES, THE ENTITIES THAT 33 COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM THE ENTITY AS LISTED 34 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, UNLESS APPROVED BY THE 35 FUND. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE OF 36 WORK, AND OTHER REQUIREMENTS AS DETERMINED BY THE FUND. THE REQUEST FOR 37 PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO EVALUATE 38 THE RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH CRITERION. 39 THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE WEIGHTED CRITERIA 40 AND SELECTION PROCEDURES IDENTIFIED IN THE REQUEST FOR PROPOSALS. SUCH 41 CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY OF THE 42 PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN AND 43 CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE FUND, WHICH 44 MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S PROJECT IMPLE- 45 MENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST-EFFECTIVE AND 46 SATISFACTORY MANNER, THE SIZE, TYPE, AND DESIRED DESIGN CHARACTER OF THE 47 PROJECT, PERFORMANCE SPECIFICATIONS COVERING THE QUALITY OF MATERIALS, 48 EQUIPMENT, WORKMANSHIP, PRELIMINARY PLANS, AND ANY OTHER INFORMATION 49 THAT THE FUND DEEMS PERTINENT TO THE CONSTRUCTION OF THE PROJECT. ANY 50 CONTRACT AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO THE 51 RESPONSIVE AND RESPONSIBLE ENTITY THAT SUBMITS THE PROPOSAL, WHICH 52 OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE EVALUATION TEAM 53 IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA. 54 4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE FUND SHALL PROVIDE 55 A REPORT OF THE FINDINGS OF THE EVALUATION TEAM. THE REPORT SHALL BE 56 AVAILABLE TO THE PUBLIC FOR REVIEW. S. 1801 7 1 5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL REQUIRE 2 THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY- 3 FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THIS CHAP- 4 TER SHALL BE PERFORMED BY A PROFESSIONAL LICENSED IN ACCORDANCE WITH 5 SUCH ARTICLES. 6 6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A 7 PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 8 EIGHT OF THE LABOR LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE 9 REQUIREMENTS BY THE DEPARTMENT OF LABOR. 10 7. EACH CONTRACT ENTERED INTO BY THE FUND PURSUANT TO THIS SECTION 11 SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND WOMEN-OWNED 12 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW 13 AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL COMPLY WITH APPLICABLE 14 FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES. 15 S 6. The education law is amended by adding a new section 6284 to read 16 as follows: 17 S 6284. ALTERNATIVE PROJECT DELIVERY METHODS. 1. FOR PURPOSES OF THIS 18 SECTION: 19 A. "ALTERNATIVE PROJECT DELIVERY METHODOLOGY" SHALL MEAN ANY 20 CONSTRUCTION PROJECT DELIVERY METHODOLOGY WHEREBY THE PROCUREMENT FOR 21 THE CONSTRUCTION SERVICES IS OTHER THAN THE TRADITIONAL DESIGN-BID-BUILD 22 PROCESS. 23 B. "EVALUATION TEAM" SHALL MEAN A TEAM OF NOT LESS THAN FIVE PERSONS 24 KNOWLEDGEABLE IN THE CONSTRUCTION INDUSTRY, TO BE FORMED BY THE FUND TO 25 EVALUATE THE QUALIFICATIONS AND PROPOSALS SUBMITTED FOR THAT PROJECT. 26 2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW 27 THAT MAY REQUIRE AN AGENCY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE 28 BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE FUND MAY PROCURE 29 CONSTRUCTION SERVICES THROUGH AN ALTERNATIVE PROJECT DELIVERY METHODOL- 30 OGY FOR ANY PROJECT HAVING A COST OF TWENTY-FIVE MILLION DOLLARS OR 31 MORE, PROVIDED THAT THE FUND DETERMINES THAT SUCH ALTERNATIVE PROJECT 32 DELIVERY METHODOLOGY, RATHER THAN THE TRADITIONAL DESIGN-BID-BUILD PROC- 33 ESS, WILL PROVIDE BEST VALUE TO THE STATE. PRIOR TO UTILIZING AN ALTER- 34 NATIVE PROJECT DELIVERY METHODOLOGY, THE FUND SHALL MAKE A WRITTEN 35 DETERMINATION IDENTIFYING THE REASONS FOR USING AN ALTERNATIVE PROJECT 36 DELIVERY METHODOLOGY, AND THE METHODOLOGY SELECTED. SUCH REASONS MAY 37 INCLUDE, BUT NEED NOT BE LIMITED TO, BENEFITS RELATING TO THE PROJECT 38 SCHEDULE, COST OF THE PROJECT, AND PROJECT FEASIBILITY. 39 3. IF THE FUND ELECTS TO USE AN ALTERNATIVE PROJECT DELIVERY METHODOL- 40 OGY, THE FUND SHALL AWARD A CONTRACT FOR SUCH SERVICES BY COMPLETING A 41 TWO STEP PROCESS: A. STEP ONE. THE FUND SHALL GENERATE A LIST OF ENTI- 42 TIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO PROVIDE THE ALTER- 43 NATIVE PROJECT DELIVERY SERVICES CHOSEN FOR THE PROJECT. SUCH LIST SHALL 44 BE GENERATED BASED ON THE FUND'S EVALUATION TEAM'S REVIEW OF RESPONSES 45 TO A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. THE FUND'S REQUEST 46 FOR QUALIFICATIONS SHALL INCLUDE A GENERAL DESCRIPTION OF THE PROJECT, 47 THE MAXIMUM NUMBER OF ENTITIES TO BE INCLUDED ON THE LIST, AND THE 48 SELECTION CRITERIA TO BE USED IN DETERMINING WHICH ENTITIES ARE ELIGIBLE 49 TO RECEIVE REQUESTS FOR PROPOSALS PURSUANT TO PARAGRAPH B OF THIS SUBDI- 50 VISION. THE SELECTION CRITERIA SHALL INCLUDE A DESCRIPTION OF THE RELA- 51 TIVE WEIGHT TO BE ASSIGNED TO EACH CRITERIA. IN DETERMINING WHETHER AN 52 ENTITY QUALIFIES FOR INCLUSION ON SUCH LIST, THE EVALUATION TEAM SHALL 53 CONSIDER THE EXPERIENCE, EXPERTISE AND PAST PERFORMANCE OF THE ENTITY, 54 THE ENTITY'S ABILITY TO UNDERTAKE THE PROJECT, THE FINANCIAL CAPABILITY, 55 RESPONSIBILITY AND RELIABILITY OF THE ENTITY, AND SUCH OTHER QUALIFICA- 56 TIONS AS THE FUND DEEMS APPROPRIATE. THE EVALUATION TEAM SHALL ALSO S. 1801 8 1 CONSIDER SKILLED LABOR FORCE AVAILABILITY, WHETHER PROPOSED KEY PERSON- 2 NEL HAVE SUFFICIENT EXPERIENCE AND TRAINING TO COMPETENTLY MANAGE AND 3 COMPLETE THE DESIGN AND CONSTRUCTION OF THE PROJECT, AND OTHER NON-PRICE 4 RELATED FACTORS. IN ADDITION, THE FUND SHALL CONSIDER THE ENTITY'S WORK- 5 ERS' COMPENSATION EXPERIENCE HISTORY AND WORKER SAFETY PROGRAMS. THE 6 EVALUATION TEAM SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING TO THE 7 REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE EVALUATION TEAM 8 SHALL LIST THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN 9 ACCORDANCE WITH PARAGRAPH B OF THIS SUBDIVISION. 10 B. STEP TWO. THE FUND SHALL ISSUE A REQUEST FOR PROPOSALS TO THE ENTI- 11 TIES LISTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. IF SUCH AN 12 ENTITY CONSISTS OF A TEAM OF SEPARATE ENTITIES, THE ENTITIES THAT 13 COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM THE ENTITY AS LISTED 14 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, UNLESS APPROVED BY THE 15 FUND. THE REQUEST FOR PROPOSALS SHALL SET FORTH THE PROJECT'S SCOPE OF 16 WORK, AND OTHER REQUIREMENTS AS DETERMINED BY THE FUND. THE REQUEST FOR 17 PROPOSALS SHALL SPECIFY THE SELECTION CRITERIA TO BE USED TO EVALUATE 18 THE RESPONSES AND THE RELATIVE WEIGHT TO BE ASSIGNED TO EACH CRITERION. 19 THE RESPONSES SHALL THEN BE EVALUATED BASED UPON THE WEIGHTED CRITERIA 20 AND SELECTION PROCEDURES IDENTIFIED IN THE REQUEST FOR PROPOSALS. SUCH 21 CRITERIA SHALL INCLUDE THE PROPOSAL'S COST, THE QUALITY OF THE 22 PROPOSAL'S SOLUTION, THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN AND 23 CONSTRUCTION TEAM, AND OTHER FACTORS DEEMED PERTINENT BY THE FUND, WHICH 24 MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S PROJECT IMPLE- 25 MENTATION, ABILITY TO COMPLETE THE WORK IN A TIMELY, COST-EFFECTIVE AND 26 SATISFACTORY MANNER, THE SIZE, TYPE, AND DESIRED DESIGN CHARACTER OF THE 27 PROJECT, PERFORMANCE SPECIFICATIONS COVERING THE QUALITY OF MATERIALS, 28 EQUIPMENT, WORKMANSHIP, PRELIMINARY PLANS, AND ANY OTHER INFORMATION 29 THAT THE FUND DEEMS PERTINENT TO THE CONSTRUCTION OF THE PROJECT. ANY 30 CONTRACT AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO THE 31 RESPONSIVE AND RESPONSIBLE ENTITY THAT SUBMITS THE PROPOSAL, WHICH 32 OFFERS THE BEST VALUE TO THE STATE, AS DETERMINED BY THE EVALUATION TEAM 33 IN ACCORDANCE WITH THE ESTABLISHED SELECTION CRITERIA. 34 4. WITHIN NINETY DAYS FOLLOWING THE SELECTION, THE FUND SHALL PROVIDE 35 A REPORT OF THE FINDINGS OF THE EVALUATION TEAM. THE REPORT SHALL BE 36 AVAILABLE TO THE PUBLIC FOR REVIEW. 37 5. ANY CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL REQUIRE 38 THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES ONE HUNDRED FORTY- 39 FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THIS CHAP- 40 TER SHALL BE PERFORMED BY A PROFESSIONAL LICENSED IN ACCORDANCE WITH 41 SUCH ARTICLES. 42 6. ANY PROJECT UNDERTAKEN PURSUANT TO THIS SECTION SHALL BE DEEMED A 43 PUBLIC WORK TO BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 44 EIGHT OF THE LABOR LAW AND SUBJECT TO ENFORCEMENT OF PREVAILING WAGE 45 REQUIREMENTS BY THE DEPARTMENT OF LABOR. 46 7. EACH CONTRACT ENTERED INTO BY THE FUND PURSUANT TO THIS SECTION 47 SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND WOMEN-OWNED 48 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW 49 AND, FOR PROJECTS RECEIVING FEDERAL AID, SHALL COMPLY WITH APPLICABLE 50 FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES. 51 S 7. This act shall take effect immediately.