Pennsylvania HB 1608: An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in transportation infrastructure, providing for design build best value.

Bill Text

PRINTER'S NO. 1923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1608
Session of
2025
INTRODUCED BY NEILSON, STRUZZI, SANCHEZ, McNEILL, HILL-EVANS,
ARMANINI, HOHENSTEIN, McANDREW, DELLOSO, BELLMON, ZIMMERMAN,
GREEN, GILLEN AND MALAGARI, JUNE 13, 2025
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 16, 2025
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in transportation infrastructure,
providing for design build best value.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 74 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 98
DESIGN BUILD BEST VALUE
Sec.
9801. Scope of chapter.
9802. Definitions.
9803. Design build best value process.
9804. Applicability of other laws.
9805. Limitation on powers and duties and existing contracts.
§ 9801. Scope of chapter.
This chapter relates to design build best value as an
alternative procurement process for highway and bridge design
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and construction projects for the Department of Transportation
and the Pennsylvania Turnpike Commission.
§ 9802. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Department of Transportation of the
Commonwealth or the Pennsylvania Turnpike Commission.
"Alternative technical concept" or "ATC." A proposed
variance from the contractual requirements or request for
proposal that is equal to or better than the requirements in the
request for proposal document.
"Commission." The Pennsylvania Turnpike Commission.
"Commissioners." The commissioners of the Pennsylvania
Turnpike Commission.
"Department." The Department of Transportation of the
Commonwealth.
"Design build best value." The source selection method other
than competitive sealed proposals in 62 Pa.C.S. § 513 (relating
to competitive sealed proposals), as described in section 9803
(relating to design build best value process), which may be used
by the agency acting as the purchasing agency, as an alternative
to competitive sealed bidding and competitive sealed proposals .
"Offeror." An entity that submits a proposal in response to
a request for proposals or request for qualifications.
"Project." The design and construction of a highway or
bridge, or both, by an agency.
"Request for proposals." All documents, including those
either attached or incorporated by reference, used for
soliciting proposals.
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"Request for qualifications." All documents, including those
either attached or incorporated by reference, used for
soliciting statements of qualifications.
"Responsible offeror." An entity that has submitted a
responsive statement of qualifications to a request for
qualifications or responsive proposal to a request for proposals
and that possesses the capability to fully perform the contract
requirements in all respects and the integrity and reliability
to assure good faith performance as determined by an agency.
"Responsive proposal." A proposal which conforms in all
material respects to the requirements and criteria in the
request for proposals.
"Secretary." The Secretary of Transportation of the
Commonwealth.
"Shortlisted offeror." An offeror eligible to receive a
stipend because of the offeror's score, ranking or rating after
submittal of the statement of qualifications.
"Statement of qualifications." An offeror's response to an
agency, after the agency issues a request for qualifications.
§ 9803. Design build best value process.
(a) Value score.--An agency may use the design build best
value source selection method for projects in accordance with
this section.
(b) Conditions for use.--Design build best value may be used
when the secretary, for the department, or the commission,
determines that a project would benefit from the design build
best value method of procurement due to one or more of the
following factors:
(1) project complexity;
(2) potential for innovation;
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(3) unique equipment or specialized systems;
(4) project risks;
(5) project schedule;
(6) other project considerations; and
(7) estimated project value.
(c) Projects procured.-- The agency may advertise no more
than 10 one-step design build best value procurements per
calendar year and no more than 10 two-step design build best
value procurements per calendar year.
(d) Public notice of determination for use of design build
best value.--
(1) Except as provided under paragraph (2), the notice
of determination under subsection (b) shall be posted by the
agency for a period of 30 days prior to the date the
procurement documents are posted on the agency's publicly
accessible Internet website or the Commonwealth's