CHANGING LEGAL LANDSCAPE
Progressive Design-Build Procurement — A Rising Wave to Ride
BY DAN MCLENNON SMITH, CURRIE & HANCOCK LLP
A
natural progression in design- build public works procurement is to start collaboration with the
design-builder earlier—in the program development process. At this stage the design-builder’s expertise can be har- nessed to assist the owner to determine design parameters most likely to deliver the facilities the owner needs within the owner’s budget. Tis development is called progressive design-build (PDB) procurement.
PDB Basics For California public works projects, legislation authorizing PDB is required. While details of each of the steps vary according to the terms of the authorizing legislation, generally under PDB, the design-builder is selected in a best-value evaluation process.
Te design-builder is paid for precon-
struction and conceptual design services with the goal of achieving a fixed price or guaranteed maximum price acceptable to the public entity. If the parties agree on price, the design-builder proceeds to the design-build phase where the design is completed and the construction com- mences. If the parties do not agree on the price, then the public entity may solicit bids from others or scuttle the project.
PDB Benefits Te proclaimed benefits of PDB are many. Parties may achieve: • A high level of collaboration between the public entity and the design-builder, early in the project.
• Reduced adversarial relationships common in design-bid-build projects.
• Transparency of costs in developing and constructing the project.
• Reduced time from concept to project completion.
• Fewer change orders. 18
CALIFORNIA CONSTRUCTOR MAY/JUNE 2023
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