# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 11 — Design-Build

**Authority:** State Finance and Procurement Article, §§12-101 and 13-103—13-104, Annotated Code of Maryland

**Administrative History:** Effective date: August 23, 2010 (37:17 Md. R. 1186)

#### Regulation .01 Definitions.

*COMAR 21.05.11.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms defined.

  (1) “Design build” means a project delivery method in which a single entity is contractually responsible for both design and construction of a project.

  (2) “Design professional” means an architect or professional engineer who is licensed to conduct business in the State of Maryland.

#### Regulation .02 Determination on Use of the Design-Build Method.

*COMAR 21.05.11.02*

Before the solicitation is issued, the procurement officer shall prepare a written determination justifying the use of the design-build method which addresses some or all of the following criteria:

A. The extent to which the unit can adequately define the project requirements;

B. Time constraints for delivery of the project;

C. Capability and experience of prospective contractors with the design-build method or similar experience;

D. Suitability of the project for use of the design-build method of project delivery with respect to time, schedule, costs, and quality factors; and

E. Capability of the agency to manage the project.

#### Regulation .03 Licensing Requirements.

*COMAR 21.05.11.03*

Each design-builder shall employ or have as a partner, member, officer, joint venture partner, or subcontractor at least one design professional duly licensed and registered to do business in the State.

#### Regulation .04 Selection of the Design-Builder.

*COMAR 21.05.11.04*

A. Selection of a design-builder shall be conducted using the multi-step sealed bid procurement method as provided in COMAR 21.05.02.17 or the competitive sealed proposals procurement method as provided in COMAR 21.05.03.

B. The invitation for bids or request for proposals shall contain at a minimum:

  (1) The minimum qualifications of the design-builder;

  (2) Requirements for construction and design experience and experience in other design-build projects provided the requirements do not unduly restrict competition;

  (3) The scope of work; and

  (4) Responsibilities of the State and design-builder particularly in the areas of design defects and warranties.