ODOT Amends Stipend Procedures Following Pressure From Inspector General
Monday, June 28, 2010 16:06
Last week, the Ohio Department of Transportation responded to concerns from Ohio Inspector General, Thomas P. Charles, regarding stipends for losing design-build teams on the $450M I-90 Inner Belt Bridge Project. (See the full response at http://watchdog.ohio.gov/agency_responses/response_2010107.pdf) ODOT is now requiring losing teams to submit costs of preparing responses to the Request for Proposals in order to receive the $1M stipend. ODOT is also taking a “joint interest” in all intellectual property submitted by the losing teams in the RFP responses in an effort to justify its contention that it can pay the stipends under the State’s qualification-based selection statutes (which is typically reserved for hiring architects or engineers on traditional design-bid-build projects).
This move comes in response to the Inspector General’s April 16, 2010, report concluding that payment of stipends would be a misuse of public funds. (See full report at http://watchdog.ohio.gov/investigations/2010107.pdf ) The report is extremely critical of the design-build process in general and stipends in particular. It concludes that: 1) stipends are not authorized under Ohio law; 2) ODOT failed to produce evidence that a lack of stipends with dissuade teams from participating or hurt the project; 3) ODOT failed to require any substantiation of costs by the losing design-build teams.
In the end, the Inspector General gave ODOT three recommendations for using stipends: 1) cite the legal authority or establish procedures for issuing stipends; 2) require losing teams to submit costs; and 3) ensure that stipends do not exceed actual costs. It now appears (based on ODOT’s response) that stipends will be issued on the Inner Belt project in conformance with these recommendations. But the Inspector General’s Report provides three important reminders to design-builders: 1) wherever possible, make sure enabling legislation follows DBIA model language and best practices (including express authorization of stipends to losing teams); 2) additional research on the value of stipends must be done; and 3) additional outreach to, and education of, owners and the general public regarding the benefits of design-build is necessary.
