TITLE XX
TRANSPORTATION

CHAPTER 228
ADMINISTRATION OF TRANSPORTATION LAWS

Section 228:4

    228:4 State Transportation Projects. –
I. Each state transportation project shall be built under contracts awarded to the lowest responsible bidder through competitive bidding. The following are excluded from this competitive bidding requirement:
(a) Normal highway and bridge maintenance and improvements. This includes state aided town road and bridge projects.
(b) Projects executed under RSA 481 with approval of the governor and council.
(c) Statewide transportation improvement program projects with a cost not to exceed $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal. Such projects may be developed and constructed provided that selection is based on an objective standard and measurable criteria for evaluation of the proposals.
(d) Statewide transportation improvement program projects with a cost in excess of $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal provided that the department first demonstrates that using the design build concept for the project in question benefits the state more than using conventional contracting methods. The department shall hold a publicly noticed hearing to take comment on its proposal to use the design build concept for a particular project. Such notice shall be provided at least 14 days prior to the hearing date. The department shall allow for a 30-day public comment period following the publicly-noticed hearing before submitting its proposed use of the design build concept to the governor and executive council for formal approval. After the governor and council approve use of the design build concept for the project, the department may solicit bids from contractors. Any contract with the selected bidder shall be submitted to the governor and council for final approval. The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital budget overview committee within 90 days after the completion of the project.
II. State transportation projects shall not be awarded through cost-plus contracts.

Source. 1950, 5:1, part 9:1, par. 13. 1953, 253:1. RSA 228:4. 1957, 257:1. 1959, 58:1. 1961, 223:3. 1967, 121:1. 1971, 55:1. 1972, 60:44. 1975, 329:1. 1978, 49:18. 1979, 70:1-3; 214:1. 1981, 87:1; 558:2. 1982, 15:1, 2; 38:20. 1985, 400:3. 1986, 209:5, 6. 1988, 236:2, 3. 1989, 148:1. 1998, 171:2, 3. 2003, 70:1, 2. 2004, 257:43. 2005, 55:3, 4, eff. May 23, 2005; 291:17, eff. July 25, 2005. 2009, 135:1, 2, eff. June 29, 2009.