1. (1) The department may use a design-build contract for a transportation project if the design work for such project must be performed before a potential bidder can develop a price or cost proposal for such project and if the chief engineer of the engineering, design, and construction division determines that using a design-build contract is appropriate. The chief engineer shall consider the following factors in making a determination pursuant to this subsection (1):

   1. (a) The extent to which the transportation project requirements are adequately defined;
   2. (b) The time constraints for completing the transportation project;
   3. (c) The capability and experience of potential design-build firms;
   4. (d) The suitability of the transportation project to a design-build contract; and
   5. (e) The capability of the department to manage the design-build contract.
2. (2) The department may use a design-build contract regardless of the estimated minimum or maximum cost of a transportation project.

Source: L. 99: Entire part added, p. 258, § 1, effective April 9.