COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Commerce and Economic Development, to which was referred Senate Bill No. 533, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 5-30-2-1; (11)CR053301.1. -->     SECTION 1. IC 5-30-2-1, AS ADDED BY P.L.74-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. A design-build contract awarded as provided in this chapter article is valid and enforceable.
SOURCE: IC 5-30-4-1; (11)CR053301.2. -->     SECTION 2. IC 5-30-4-1, AS ADDED BY P.L.74-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Before entering into a design-build contract, a public agency must appoint a technical review committee of at least three (3) individuals.
    (b) The members of the technical review committee must include the following:
        (1) A representative of the public agency.
        (2) At least two (2) of the following, but not more than one (1) under each clause:
            (A) An architect registered under IC 25-4.
            (B) A professional engineer registered under IC 25-31.
            (C) A qualified contractor under IC 4-13.6 or an individual employed by the qualified contractor.
    (c) A member of the technical review committee who is an architect

or a professional engineer may be:
        (1) an employee of the public agency; or
        (2) an outside consultant retained by the public agency for the specific purpose of evaluating proposals submitted under this article.
    (d) The design criteria developer may serve as:
        (1) a full member; or
        (2) a nonvoting adviser;
of the committee.

SOURCE: IC 5-30-4-4; (11)CR053301.3. -->     SECTION 3. 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 qualifications or proposals, meetings of the technical review committee shall be open to the public and subject to IC 5-14-1.5.
    (b) 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 5-30-5-1; (11)CR053301.4. -->     SECTION 4. 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 (b), 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) If design-build contracting is used for a public project with a preliminary estimated cost that does not exceed one million dollars ($1,000,000), a public agency 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: IC 5-30-6-1; (11)CR053301.5. -->     SECTION 5. IC 5-30-6-1, AS ADDED BY P.L.74-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,

2011]: Sec. 1. (a) If a separate notice of request for qualifications is issued under IC 5-30-5-1(a), the public agency shall issue a request for proposals to the potential design-builders selected under IC 5-30-5-6.
     (b) Each request for proposals must contain a design criteria package.
     (c) For a project that is a controlled project (as defined in IC 6-1.1-20-1.1), a request for proposals may not be issued until the political subdivision proposing the controlled project has completed the procedures described in IC 6-1.1-20-3.1.

SOURCE: IC 5-30-7-1; (11)CR053301.6. -->     SECTION 6. 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 deliverables required for a qualitative proposal must include: not exceed the following:
             (A) All documents, information and data requested in the request for proposals. design criteria package.
            (B) A conceptual site plan.
            (C) Conceptual building, systems, and equipment plans.
            (D) Conceptual elevations.
            (E) A project description narrative.

SOURCE: IC 5-30-2-2; (11)CR053301.7. -->     SECTION 7. IC 5-30-2-2 IS REPEALED [EFFECTIVE JULY 1, 2011].
    (Reference is to SB 533 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 0.

____________________________________

    Young R Michael
Chairperson


CR053301/DI 113    2011