SB 533-1_ Filed 04/12/2011, 13:45
Text Box
Adopted Rejected
[
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COMMITTEE REPORT
YES:
12
NO:
1
MR. SPEAKER:
Your Committee on Government and Regulatory Reform , to which was referred
Senate Bill 533 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (11)CR053302.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 5-30-1-11; (11)CR053302.1. -->
"SECTION 1. IC 5-30-1-11, AS AMENDED BY P.L.2-2007,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) "Public agency" means:
(1) a state agency (as defined in IC 4-13-1-1);
(2) a state educational institution;
(3) a unit (as defined in IC 36-1-2-23);
(4) a body corporate and politic created by state statute; or
(5) a school corporation (as defined in IC 20-26-2-4); or
(6) a conservancy district established for a purpose described
in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5).
(b) The term does not include the Indiana department of
transportation.
SOURCE: IC 5-30-1-12; (11)CR053302.2. -->
SECTION 2. IC 5-30-1-12, AS ADDED BY P.L.74-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. (a) "Public project" means the process of
designing, constructing, reconstructing, altering, or renovating a public
building, an airport facility, a sewer, a drain, or another structure or
improvement that is paid for out of:
(1) a public fund; or
(2) a special assessment.
(b) The term includes either of the following:
(1) A process described in subsection (a) relating to a building or
structure leased by a public agency under a lease containing an
option to purchase.
(2) A public improvement to real property owned by a public
agency.
(c) The term does not include the process of designing, constructing,
altering, or repairing a public highway (as defined in IC 9-25-2-4).".
SOURCE: Page 2, line 12; (11)CR053302.2. -->
Page 2, delete lines 12 through 38, begin a new paragraph and
insert:
SOURCE: IC 5-30-4-3; (11)CR053302.5. -->
"SECTION 5. IC 5-30-4-3, AS ADDED BY P.L.74-2005, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 3. (a) The technical review committee shall do the
following:
(1) Qualify potential design-builders as provided in IC 5-30-5.
(2) Rate and score qualitative proposals as provided in IC 5-30-6
and IC 5-30-7.
(b) The technical review committee may interview persons
submitting proposals and conduct other business necessary to fulfill the
purposes of this article. However, a public agency may not require
an offeror to attend more than three (3) interviews in person with
the technical review committee for a design-build contract.
SOURCE: IC 5-30-4-4; (11)CR053302.6. -->
SECTION 6. IC 5-30-4-4, AS ADDED BY P.L.74-2005, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 4. (a) Except for interviews of persons submitting
proposals, as otherwise provided in this section, meetings of the a
technical review committee shall must be open to the public and
subject to IC 5-14-1.5.
(b) A meeting of a technical review committee convened for the
purpose of interviewing persons submitting qualifications or
proposals is not open to the public.
(c) If each member of a technical review committee for a public
project is an employee of the public agency that is undertaking the
public project, the technical review committee's meetings are not
open to the public.
SOURCE: IC 5-30-5-1; (11)CR053302.7. -->
SECTION 7. IC 5-30-5-1, AS ADDED BY P.L.74-2005, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 1. (a) Except as provided in subsection (c), when
design-build contracting has been authorized under IC 5-30-2-2, is
used for a public project, a public agency shall publish a notice of a
request for qualifications under IC 5-3-1. The notice must allow at least
thirty (30) fourteen (14) days for potential design-builders to respond
to the request for qualifications.
(b) Subsection (c) applies to a public project for which a public
agency uses design-build contracting if:
(1) the public agency is a state educational institution; or
(2) the public agency is not a state educational institution and
the preliminary estimated cost of the public project does not
exceed five million dollars ($5,000,000).
(c) A public agency that undertakes a public project to which
this subsection applies may publish a notice of a combined request
for qualifications and proposals under IC 5-3-1 that includes:
(1) the information otherwise required by this chapter; and
(2) a request for proposals as otherwise provided under
IC 5-30-6.
The notice must allow at least thirty (30) days for potential
design-builders to respond to the combined request for
qualifications and proposals.".
SOURCE: Page 3, line 8; (11)CR053302.3. -->
Page 3, line 8, delete "IC 6-1.1-20-3.1 or" and insert " :
(1) IC 6-1.1-20-3.1 and IC 6-1.1-20-3.2; or
(2) IC 6-1.1-20-3.5 and IC 6-1.1-20-3.6;
as applicable.".
Page 3, delete line 9.
Page 3, delete lines 10 through 37, begin a new paragraph and
insert:
SOURCE: IC 5-30-6-5.5; (11)CR053302.9. -->
"SECTION 9. IC 5-30-6-5.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 5.5. The deliverables required for a qualitative
proposal in a request for proposals may not exceed the following,
as considered appropriate for the type of project by the technical
review committee for the public project:
(1) All information requested in the design criteria package.
(2) A conceptual site plan.
(3) Conceptual building, systems, and equipment plans.
(4) Conceptual elevations.
(5) A project description narrative.
(6) A project schedule.
SOURCE: IC 5-30-7-1; (11)CR053302.10. -->
SECTION 10. IC 5-30-7-1, AS ADDED BY P.L.74-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. A proposal submitted in response to a request
for proposals described in IC 5-30-6 must satisfy the following:
(1) The qualitative proposal and the price proposal must be
submitted simultaneously in separately sealed and identified
packages. The price proposal must remain sealed until opened in
public under section 5 of this chapter.
(2) A proposal must identify each person with whom the offeror
proposes to enter into subcontracts for primary design services
and primary construction services, including any subcontractors,
under the design-build contract. The public agency may determine
requirements under this section.
(3) The price proposal must:
(A) contain one (1) lump sum cost of all design, construction
engineering, inspection, and construction costs of the proposed
project; or
(B) establish a maximum cost of the design-build contract that
will not be exceeded if the proposal is accepted without
change.
(4) The qualitative proposal must include all documents,
information, and data requested the deliverables required for
the qualitative proposal in the request for proposals.
SOURCE: IC 5-30-7-3; (11)CR053302.11. -->
SECTION 11. IC 5-30-7-3, AS ADDED BY P.L.74-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) The technical review committee shall
review the qualitative proposals and establish a score for each
qualitative proposal based on the factors, weighting, and process
identified in the request for proposals.
(b) The technical review committee shall give a written
composite
comprehensive score for each qualitative proposal.
(c) A written comprehensive score for a qualitative proposal
must include the following:
(1) An explanation of the scoring methodology adopted by the
technical review committee that is sufficiently detailed to
enable an independent observer to calculate the composite
score for the qualitative proposal from the scores described in
subdivision (2).
(2) For each factor used in calculating the composite score of
the qualitative proposal, the following:
(A) The unweighted score awarded by each member of the
technical review committee for the factor.
(B) The unweighted score of the technical review
committee as a whole for the factor, calculated from the
individual scores described in clause (A).
(C) The weight for the factor, if all factors are not given
equal weight in calculating the composite score for the
qualitative proposal.
(D) The weighted score for the factor, if a weight specified
under clause (C) is used to adjust the unweighted score
determined under clause (B) for the factor.
(3) The composite score for the qualitative proposal,
calculated from the scores described in subdivision (2) in
accordance with the scoring methodology adopted by the
technical review committee.".
Renumber all SECTIONS consecutively.
(Reference is to SB 533 as reprinted February 16, 2011.)
and when so amended that said bill do pass.
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CR053302/DI 87 2011