On May 8, the State Building Commission adopted revisions proposed by the Office of the State Architect (OSA) to the State’s SBC6a, SBC6 and Item 3.04 in the SBC Bylaws, Policy and Procedure. Additionally, OSA has posted some additional FAQs.
View most current SBC Bylaws, Policies & Procedures – May 2025
Overview of Revisions:
- SBC Bylaws, Policy and Procedure changes include revising Item 3.04 to allow for Early Design for Higher Education Projects. This will allow higher education to start design on projects in advance of a budget appropriation. The expectation is this will allow these projects to be further along in the development process when a budget request is made to assure a smooth transition into construction. However, it should be noted that even though the SBC will be approving these projects for design, there are no assurances that the Governor and Legislature will fund the full project budget on the timeline determined by the higher education institution
- SBC-6 revisions include increasing the not to exceed hourly rate from $175 to $275 (Article 2.3.1), and language regarding insurance coverage (Article 3.1) to clarify what is required to make the contact execution process smoother. These modifications will go into effect July 1, 2025.
- SBC-6a revisions include updating language on DD Early Design Phase (Section 1.1.4.1) to confirm what is required, revising language on Direct Personnel Expenses (Section 2.2.2) to clarify that sick leave, holidays and vacations are included in the base salary, and adjusting percentages for Payments to Designer for Basic Services (Section 2.3.1) increasing the percent fee for the SD and DD phases. These modifications will go into effect July 1, 2025.
- https://www.tn.gov/osa/general-information/frequently-asked-questions.html was updated to include:
- Must the State of Tennessee or the SPA be listed as an additional insured on Designer’s Certificate of Insurance?
- Is an architect or other designer, who has been hired to provide programming or planning services allowed to submit to be the designer of record for a project?
- Can local contractors hired by a designer to provide cost estimating during the design phases bid or compete for the actual construction work for that project?
- What steps should be taken if, at any phase of design, the designer’s estimate of probable cost exceeds the SBC approved MACC?
These proposed revisions reflect ongoing discussions with AIA Tennessee’s working group and the Quality in Construction (QIC) Team, which has provided thoughtful input and recommendations over the past year. The State Working Group—led by Greg Campbell, AIA—will continue meeting with the State Architect Ann McGauran to review and address other topics of concern as part of this collaborative process. We are grateful for these efforts, and this is a positive development for the profession, with an open invitation to continue the conversation should further feedback or concerns arise.