(A) The department may award highway construction contracts using a design-build procedure. A design-build contract means an agreement that provides for the design, right-of-way acquisition, and construction of a project by a single entity. The design-build contract may also provide for the maintenance, operation, or financing of the project. The agreement may be in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the department. (B) Selection criteria shall include the cost of the project and may include contractor qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria. Editor's Note 2006 Act No. 283, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies nunc pro tunc retroactively to June 14, 2005, the original effective date of Section 57-5-1625 of the 1976 Code."
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