A design-build contracting procedure authorized under sections 161.3410 to 161.3428 may be used for a specific project only after the commissioner determines that awarding a design-build contract will serve the public interest.
The commissioner shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery:
(1) the extent to which it can adequately define the project requirements in a proposed scope of the design and construction desired;
(2) the time constraints for delivery of the project;
(3) the capability and experience of potential contractors with the design-build method of project delivery or similar experience;
(4) the suitability of the project for use of the design-build method of project delivery with respect to time, schedule, costs, and quality factors;
(5) the capability of the Department of Transportation to manage the project, including the employment of experienced personnel or outside consultants;
(6) the capability of the Department of Transportation to oversee the project with individuals or design-build firms who are familiar and experienced with the design-build method of project delivery or similar experience;
(7) the lack of ability and availability of any current state employee to perform the services called for by the contract;
(8) the original character of the product or the services;
(9) the work to be performed on the project is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract; and
(10) other criteria the commissioner deems relevant and states in writing in its determination to utilize the design-build method of project delivery.