Okla. Admin. Code § 260:65-19-5

Current through Vol. 42, No. 8, January 2, 2025

Section 260:65-19-5 - Project designation consideration

(a)General. The Director shall consider factors in this section to determine whether a state construction project merits consideration for use of the design-build delivery system.

(b)Consideration factors. Each factor of this subsection must be considered prior to requesting or designating a project for use of the design-build delivery system (61 O.S. Section 202-1).

(1)The project benefits the public. When considering designation, it shall be clearly evident that design-build will provide a public benefit, which may include:

(A) Single source of complete accountability;

(B) Cost reductions;

(C) Higher quality;

(D) Emphasis on collaboration and innovation; or

(E) Other demonstrated public benefit.

(2)Specialized methods required. The need exists for specialized or complex construction methods due to the unique nature of the project. Or the project involves sophisticated or complicated technical systems.

(3)Other factors. Other factors include:

(A)Time constraints. The time period the state agency desires for project completion.

(B)Department capabilities. The capabilities of the state agency staff and whether the staff has the ability and experience to effectively manage a project that utilizes design-build.

(C)State agency funding. The state agency can demonstrate it has adequate funding to pay for services of the design-build firm, a design consultant and construction services.

(D)Project components. The features of the project merit nomination of the project for execution using the design-build delivery approach.

(i) Project features that are compatible with using the design-build delivery method include:

(I) Projects for which the definitive space program and functional building requirements can be clearly defined by the state agency prior to the selection of the design-build team, with low likelihood of these requirements changing during the design phase.

(II) Projects with certain unique factors that require special knowledge or experience to produce the least cost design.

(III) Performance based projects.

(ii) Projects features that are incompatible with using the design-build delivery method include:

(I) Projects where the cost to prepare the Request For Proposal (RFP) and the cost to respond to the RFP by the design-build firms are not justified relative to the anticipated benefits.

(II) Projects where the state agency or the Department desires to be closely involved during the design process to exercise discretionary control over the completed project.

(c)State agency request. A state agency shall issue a written request for consideration of formal designation of a state construction project for the design-build delivery method to the Director after careful review of the factors in (b) of this Section. The request shall specify reasons the state agency believes the project merits consideration for design-build delivery system, the funding amount the state agency has available for the project, and the staff and experience level in design-build.

(d)Director consideration. Upon receipt of a state agency request for design-build services for a project, the Director shall consider whether the project merits designation for a delivery-build system and whether the state agency has adequate funds for the project.

The Director may request the Director to consider whether a project merits designation for a design-build delivery system.

(e)Director notification. Upon completion of the consideration of the state agency request, the Director shall forward the official response to the requesting state agency.

Okla. Admin. Code § 260:65-19-5

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023