S. 1801 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. 1801 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. 1801 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. 1801 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. 1801 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. 1801 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. 1801 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.