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Senate debate on design-build procurement highlights concerns about quality and local capacity; SB95 is circled

Utah State Senate · January 24, 1997
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Summary

Senators debated SB95, a bill to clarify when the state may use design-build procurement for large projects; critics warned the method risks prioritizing cost over quality in jurisdictions lacking technical expertise. After debate the body agreed to 'circle' SB95 for further work.

Senate Bill 95, introduced by Senator Bueller, would refine procurement rules governing when the Division of Facilities Construction and Management (DFCM) and other state units may use the design-build contracting method for construction projects.

Bueller said the bill clarifies responsibilities and adds criteria DFCM must use when choosing design-build. "It spells out how design build projects may be procured," Bueller said, noting the method is typically used for large projects.

Senators raised concerns that expanding design-build beyond large, technically capable entities could lead to lower quality projects in small counties and school districts. Senator Nielsen warned that many local jurisdictions "do not have the expertise or the experience to present an adequate floor" and that decisions could be based on cost rather than quality. Senator Peters, who declared a conflict of interest because of employment in the consulting engineering industry, urged robust rules to protect taxpayers.

The sponsor said he would seek definitive answers from DFCM about the bill's scope and suggested either narrowing the bill to DFCM only or moving it forward and addressing details later. After extended debate, members used a procedural motion to 'circle' SB95 (remove it temporarily from the active calendar) to allow more work and consultations; the motion carried.

Related procurement measures (including SB3, which requires contract disputes to be adjudicated in Utah courts unless agreed otherwise) also received floor consideration; SB3 passed its third-reading roll call that day. Senators said they expect to return to SB95 with amendments to limit scope and add protections ensuring adequate technical oversight where local capacity is limited.