Design-Build Contracting by Virginia Public Bodies

In an effort to depoliticize design-build contracts, the Commonwealth of Virginia created a management review board to determine whether a locality should be authorized to use a design-build contract in lieu of competitive sealed bidding. This paper explains that process. In order to employ a design-build contract for a specific construction project, the Commonwealth and its departments, institutions, and agencies must seek and secure the prior approval of the Director of the Division of Engineering and Building. For public bodies other than the Commonwealth and its departments, institutions, and agencies, the public body must seek and secure the approval of the Design-Build/Construction Management Review Board prior to using a design-build contract for a specific construction project. For such contracts, prior to determining whether to use a design-build approach for a specific project, a professional advisor must be enlisted and a request for review submitted; the review process includes a judicial review. Information on the selection, evaluation, and award of design-build contracts is covered, as are details on proposal requests, the selection of qualified offerors, and project evaluation. (RJM)