{"data":{"id":"us-sc/s.c.-code-ann.-57-5-1710","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 57-5-1710","heading":"County-funded projects; certification; prioritization.","body":"(A) As used in this section, \"phased design-build\" means a project delivery method that uses a stepped or progressive qualifications-based selection process, followed by a progression to a contract price. The department must select the phased design-build contractor exclusively on qualifications and technical approach, without consideration of schedule or costs, which must deliver the project in multiple phases.\n(1) The phased design-build contractor is initially under contract for preconstruction activities including, but not limited to, project validation, designing and developing plans, performing constructability reviews, and developing construction schedules and pricing.\n(2) The department and the phased design-build contractor shall establish a guaranteed maximum construction cost. The guaranteed maximum construction cost is the total dollar amount within which the phased design-build contractor shall complete the final design and construction of the project including the contractor's direct costs, overhead, and profit, plus any authorized contingency. Upon agreement of the guaranteed maximum construction cost, the department and the phased design-build contractor will execute a second contract or an amendment to the initial contract for completion of the final designs and construction of the project consistent with subsection (C). Before execution of a construction contract, the department shall retain an independent third party to develop a cost estimate to verify the guaranteed maximum price submitted by the contractor.\n(3) If the department and phased design-build contractor cannot reach agreement on a guaranteed maximum construction cost, then the department shall take ownership and assume liability of the design work product. Nothing shall prohibit the department from pursuing the project under any other legally allowed method.\n(B) The department may only award a contract under this section if the department:\n(1) determines that it is in the public's interest to use the phased design-build project delivery method; and\n(2) prequalifies the prime contractor and lead designer firm that will be awarded the contract.\n(C) The method for the department to award a contract using phased design-build procedures shall be:\n(1) Prior to the initiating a phased design-build procurement under this section, the department shall submit a report to the Joint Bond Review Committee on the nature and scope of the project and the reasons the phased design-build procurement project delivery method will best serve the public interest. The department shall not initiate a procurement until the Joint Bond Review Committee has provided its review and comment.\n(2) Upon completion of a project awarded under subsection (B), the department shall submit a postcompletion report to the Joint Bond Review Committee detailing the project results, including any cost and time efficiencies achieved using the phased design-build project delivery method. This report must include a cost analysis comparing the use of phased design-build for awarding contracts with the award of contracts under the existing procedure.\n(D) The department may promulgate regulations to implement the phased design-build method.","path":["Title 57 - HIGHWAYS, BRIDGES AND FERRIES","CHAPTER 5 State Highway System","ARTICLE 11 Construction Contracts and Purchases"],"source_url":"https://www.scstatehouse.gov/code/t57c005.php","current_through":"2026 Session of the General Assembly","vintage":"","retrieved_at":"2026-10-25T04:27:40Z","sha256":"841740e232e0f5d8313f946918012d3c342b62ee9d84a04ab6da631954d54871","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-57-5-1700","next":"us-sc/s.c.-code-ann.-57-5-1720"},"notice":"GroundRules: Original legal text. Not legal advice."}