Sec. 1. 23 MRSA §753-A is enacted to read:

§753-A.__Design-build contracts

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Best value" means the highest overall value to the State, considering quality and cost.

B. "Department" means the Department of Transportation.

C.__"Design-build contracting" means a method of project delivery whereby a single firm is contractually responsible to perform design, construction and related services.

D.__"Major participant" means any firm that would have a major role in the design or construction of the project as specified by the department in the request for proposals.

E.__"Project" means the highway, bridge, railroad, pier, airport, trail, ferry vessel, building or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties and incidentals needed for a complete and functioning product.

F.__"Proposal" means an offer by the proposer to design and construct the project in accordance with all request-for- proposals provisions for the price contained in the proposal.

G. "Proposer" means an individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship or other entity that submits a proposal.__ After contract execution, the successful proposer is the design-builder.

H. "Quality" means those features that the department determines are most important to the project.__Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct and other factors that the department considers to be in the best interest of the State.