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The Legislative Evolution of Design-Build in Texas


This method, known as design-bid-build in the construction industry, requires the design phase of a project to be completed before the contract procurement and construction phases initiate (GOV CODE 271, 2003). Therefore, design-bid-build requires architectural design and construction services to be individually contracted to separate entities. In design-bid-build, an owner is required to publish a complete set of project plans and specifications for the public to ensure bidding is fair, unbiased, and equally available to any interested enterprise. During contract bidding, the services of a general contractor are procured through a Qualifications-Based Selection (QBS) process (GOV CODE 2155, 2003). The selection criteria for the QBS process determine if a bidder demonstrates the qualifications to provide the requested service at a fair and reasonable price. The traditional building codes then require the owner to award the contract to the 'lowest responsible bidder' (GOV CODE 271, 2003). This system does not allow the owner to consider any other relevant factors, such as; quality of goods or services, extent to which the services meet the owner's needs, company reputation, and total long-term cost, that a business entity in the private construction sector would normally consider (GOV CODE 2155, 2003).
             Proponents of implementing alternative procurement methods note that alternative delivery methods allow all contract parties to work as a collaborative team of constituencies throughout the entire life-cycle of a project. Additionally, this method allows fiscal and administrative aspects of a construction project to be tailored to the specific nature of each project, resulting in greater flexibility and better quality performance. As alternative project delivery methods began to gain popularity in the private construction sector, general contractors in the public sector began to seek a court appointed injunction that would permit design and construction services to be awarded a single, lump sum contract.


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