Pennsylvania SB 1377: 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. 1798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1377
Session of
2026
INTRODUCED BY J. WARD, JUNE 9, 2026
REFERRED TO TRANSPORTATION, JUNE 9, 2026
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.
9806. Project reporting.
§ 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 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:
"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.
"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 commission 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 the commission.
"Request for proposals." All documents, including those
either attached or incorporated by reference, used for
soliciting proposals.
"Request for qualifications." All documents, including those
either attached or incorporated by reference, used for
soliciting statements of qualifications.
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"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 the
commission .
"Responsive proposal." A proposal which conforms in all
material respects to the requirements and criteria in the
request for proposals.
"Shortlisted offeror." An offeror that may qualify for 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 the
commission , after the commission issues a request for
qualifications.
§ 9803. Design build best value process.
(a) Value score.-- The commission 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 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;
(3) unique equipment or specialized systems;
(4) project risks;
(5) project schedule;
(6) other project considerations; and
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(7) estimated project value.
(c) Projects procured.-- The commission 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
commission for a period of 30 days prior to the date the
procurement documents are posted on the commission's publicly
accessible Internet website.
(2) The commission may elect a period of less than 30
days.
(e) Request for proposals.--
(1) After the determination under subsection (b) has
been issued, the commission shall solicit proposals through a
request for proposals.
(2) In accordance with subsection (c), the commission
may conduct a one-step or two-step request for proposals,
subject to the following:
(i) If the commission conducts a one-st