2004 Minnesota Statutes

     161.3414 Determination to use design-build selection 
  method. 

    Subdivision 1.    General criteria.  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. 

    Subd. 2.    Specific criteria.  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. 

    HIST: 1Sp2001 c 8 art 3 s 3