(1) The department may use a design-build contract for a transportation project if the design work for such project must be performed before a potential bidder can develop a price or cost proposal for such project and if the chief engineer of the engineering, design, and construction division determines that using a design-build contract is appropriate. The chief engineer shall consider the following factors in making a determination pursuant to this subsection (1):
(a) The extent to which the transportation project requirements are adequately defined;
(b) The time constraints for completing the transportation project;
(c) The capability and experience of potential design-build firms;
(d) The suitability of the transportation project to a design-build contract; and
(e) The capability of the department to manage the design-build contract.
(2) The department may use a design-build contract regardless of the estimated minimum or maximum cost of a transportation project.
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