To Amend The Construction Manager-general Contractor Method Of Procurement Pilot Program To To Make The Construction Manager-general Contractor Method Of Procurement Program Permanent For The State Highway Commission.
Summary
HB1605 amends Arkansas law governing the Construction Manager-General Contractor (CMGC) method of procurement for transportation projects. The bill changes the existing CMGC pilot program into a permanent procurement option for the State Highway Commission, allowing the commission to continue using this delivery method for qualifying highway and transportation projects rather than operating under a temporary test program. Under the bill, the commission may use CMGC for transportation projects with construction cost estimates up to $300 million.
The bill also preserves and clarifies the project-selection framework that had been used in the pilot program, including notice requirements to legislative transportation committee chairs when the method is chosen for a project. In addition, HB1605 repeals the prior requirement for an independent consultant study comparing CMGC with traditional design-bid-build or design-build procurement, removing the mandated cost-benefit review and related submission to Arkansas Legislative Audit.
Impact
HB1605 affects Arkansas Code provisions in Title 19 governing procurement by the State Highway Commission and removes the sunset/temporary nature of the CMGC program. It expands the commission’s long-term authority to use CMGC on transportation projects meeting the bill’s cost threshold, while eliminating the statutory requirement for an independent comparative study. The bill therefore shifts the program from a limited pilot with evaluation requirements to a standing procurement tool for highway and transportation construction.
Sentiment
The voting history suggests strong bipartisan support for the bill, with overwhelming passage in both chambers: 94-2 in the House and 33-0 in the Senate on third reading. No committee transcript was provided, but the margins indicate broad agreement that the CMGC method should remain available to the State Highway Commission. The overall sentiment appears favorable and pragmatic, centered on giving the state a flexible procurement option for large transportation projects.
Contention
The main policy issue is whether the CMGC method should remain a permanent procurement authority and whether it should continue to be subject to independent evaluation. Supporters appear to favor permanence and flexibility for the Highway Commission, likely viewing CMGC as a useful tool for complex or high-value transportation work. Any opposition likely concerns the reduced oversight that comes from repealing the independent consultant study requirement and moving away from a pilot-program model, though the recorded votes show that such concerns were limited.