Who Says Legislatures are in Grid-Lock Throughout the Land?

And here we thought rancorous public wrangling prevented any type of progress! 

Edward Gentilcore of Pittsburg, PA has an article up on the ABA Litigation Section webpage about roadblocks to a best-value selection process encountered by the PDOT for a proposed design-build project.  He notes that Pennsylvania issued a major overhaul of its procurement code for public works projects in the late 1990's and suggests it is already out of date as it does not readily accommodate design-build procurement. 

Deborah Ballati and Eric Tausend in their article in the California AGC "Constructor," March-April issue, similarly note:  "One impediment to the use of alternative project delivery systems ... is the substantial body of public contracting statutes which imposes requierments for sealed bids, awarded to the lowest responsive and responsible bidder."  They detail the legislative response in California, which now allows design-build contracting in education, transportation, and other sectors.

Meanwhile, over at the DBIA website they outline recent legislative action in New York and Ohio to allow more design-build in public procurement.  If you've not checked out that site recently, it's a great place to keep up with design-build developments. 

What is the status of design-build for public procurement in your state?  Post on the Triclinium or shoot me a note and I will post it for you with full attribution.

UPDATE:  The Pennsylvania legislature adjurned without passing the proposed P3 legislation.