DBIA Document 580 - Teaming Agreement - Between Design-Builder and teaming party
Components of Teaming Agreement - qualifications, insurance, matrix of
responsibilities, confidentiality and exclusivity, payment of stipend/honoarrium
URS CORP v TRANSPO - does teaming agreement waiver survive if subcontract
supersedes teaming agreement? - yes. subcontract was silent, waiver in prime flowed
down.
Common Procurement Challenges - - conducting proprietary meetings
- handling alternative technical concepts
- evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
Standard form contracts - - reflect industry consensus on risk allocation
- predictable judicial interpretation
- convenient and cost effective
Current US Standard Form Contracts - - DBIA (2010/2016)
- Consensus Docs (2016)
- AIA (2014)
- EJDC (2016)
DBIA OWNER/DESIGN-BUILDER AGREEMENTS - - 520 Preliminary Agreement
- 525 Lump Sum
- 530 Cost Plus Fee with Option for GMP
- 535 General Conditions
- 545 Progressive Design-Build Contract for the Water/Wastewater Sector
Contracting Approaches - - Lump Sum
- Cost Plus
- GMP
- Unit Prices
- Target Pricing
LUMP SUM (DBIA 525) - - single price regardless of actual cost
- no meaningful opportunity for Owner to be involved in subcontractor procurement
- no transparency into lump sum price
- limited audit rights
- undisclosed contingencies

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