1. (a) The technical review committee shall select at least three (3) potential design-builders considered to be the most highly qualified to perform the required services based on the rankings of the potential design-builders. The technical review committee shall report the selection of qualified design-builders to the public agency.
2. (b) Notwithstanding subsection (a), if only two (2) potential design-builders respond to the request for qualifications, the technical review committee may report the two (2) potential design-builders to the public agency if the technical review committee finds that both potential design-builders are qualified to perform the required services.

3. (c) If:

   1. (1) only one (1) potential design-builder responds to the request for qualifications; or

   2. (2) only one (1) of the potential design-builders responding to the request for qualifications is qualified to perform the required services;

      the public agency may not use the design-build contracting method authorized under this chapter, unless the governing body of the public agency adopts a resolution expressly authorizing the public agency to send the one (1) potential designer-builder referred to in subdivision

   3. (1) or (2) a request for proposal under IC 5-30-6 . The governing body must adopt the resolution at a public meeting for which public notice has been provided.

As added by P.L.74-2005, SEC.1.