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Legislative Year: 2022 Change
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Bill Detail: SB22-074

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Title Transportation Project Procurement Monitoring
Status Senate Committee on Finance Postpone Indefinitely (02/09/2022)
Bill Subjects
  • Transportation & Motor Vehicles
House Sponsors
Senate Sponsors R. Scott (R)
House Committee
Senate Committee Finance
Date Introduced 01/19/2022
Summary

The bill requires the transportation commission (commission) to
annually contract with a fairness monitor to review and monitor the
procurement process for transportation projects that the department of
transportation (department) or an agency or enterprise of the department
intends to procure using an alternative form of contracting. An alternative

form of contracting is any method of procurement used by the department
or an agency or enterprise of the department for a transportation project
other than design bid build contracting.
Before the department or an agency or enterprise of the department
uses an alternative form of contracting to procure a transportation project,
the fairness monitor is required to:
  • Review the project to determine whether use of the
alternative form of contracting will result in successful
completion of the project sooner or at a lower cost;
  • Review the decision making process by all involved
department, agency, or enterprise employees regarding the
decision to use an alternative form of contracting for the
project;
  • Oversee the fairness of the project criteria development,
project advertisement, and contractor selection processes
for the project; and
  • Report to the contracting fairness committee (committee)
required to be created by the commission regarding these
reviews and oversight and make a recommendation to the
committee as to whether the alternative form of contracting
proposed for the project should be used.
The committee is required to review the information and
recommendations reported to it by the fairness monitor and report to the
commission its assessment of any recommendation of the fairness
monitor that an alternative form of contracting project should not be used
for a project.
For any transportation project for which an alternative form of
contracting is used, the fairness monitor is required to designate a
third-party team of private persons with expertise in contracting for
transportation projects for the purpose of monitoring the fairness of the
procurement process for the project. The department or an agency or
enterprise of the department is required to pay the costs of the third-party
team and to impose an equal fee on all contractors seeking to be selected
for the project in an amount calculated to generate 50% of the amount
needed to pay those costs.
Upon the completion of construction for any transportation project
for which an alternative form of contracting is used, the fairness monitor
is required to conduct a review of the project that, at a minimum:
  • Compares actual project completion costs and time to the
original budget, contract amount, and schedule for the
project; and
  • Makes a record of any claims, disputes, or pending
litigation arising out of the project.
The fairness monitor is required to report the results of the review to the
committee.
1

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with Amendments
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