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Title 2 . Administration
Chapter 12 . Public Information
Section 939. Solicitation of proposals

2 AAC 12.939. Solicitation of proposals

(a) The agency shall prepare a request for proposals for each design-build construction contract. The request for proposals must contain, at a minimum, the following elements:

(1) the name and purpose of the project;

(2) the identity of the agency that will award the design-build construction contract;

(3) a description of the method selected under 2 AAC 12.943(a) as the basis for awarding the design-build construction contract;

(4) the procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, the procedures for making awards, and a statement that the requirements of 2 AAC 12.931 - 2 AAC 12.949 are incorporated;

(5) the date on or before which the agency must receive proposals; that date may not be less than 21 days after issuance of the request for proposals;

(6) provisions for the payment of a stipend, if any;

(7) provisions specifying ownership of design plans or concepts or of technical plans or concepts;

(8) the proposed contract form, terms, and conditions;

(9) performance criteria developed under 2 AAC 12.937, including, as appropriate, capacity, durability, and production standards, ingress and egress requirements, and other criteria for the intended use of the project, expressed in performance-oriented drawings and specifications suitable to allow the design-builder to make a proposal;

(10) a description of the drawings, specifications, or other required submittals, with guidance as to the form and level of completeness that will be acceptable; that description must include a description of the submittal review process;

(11) a schedule for planned commencement and completion of the design-build construction contract, unless contract time is to be proposed by the design-builder and is one of the weighted proposal evaluation criteria;

(12) budget limits, if any, for the design-build construction contract;

(13) affirmative action, disadvantaged business, or set-aside goals, if any, for the design-build construction contract;

(14) the qualifications the design-builder will be required to have;

(15) detailed material quality standards;

(16) the method for handling pre-proposal inquiries;

(17) long-term maintenance provisions, if any;

(18) a reference to the provisions of 2 AAC 12.235(e) and (f);

(19) a requirement that an offeror provide, in the offeror's proposal, information regarding actual or potential conflicts of interest;

(20) requirements related to changes in design-build team members or changes in personnel within design-build teams;

(21) each evaluation factor, including cost or price, and including each significant subfactor, if any, that will affect the award of the design-build construction contract;

(22) the relative importance of each evaluation factor and each subfactor, if any, in determining the award of the design-build construction contract;

(23) a requirement that the design-builder review the request for proposals to ascertain the project requirements, and a requirement that the design-builder notify the agency in the event of any ambiguity or uncertainty;

(24) terms or conditions detailing incentives, disincentives, or liquidated damages, if any;

(25) warranty provisions; the request for proposals must include notice that in addition to warranting materials, workmanship, and construction, and providing any additional warranties that the agency requires, a design-builder must warrant the design of the project;

(26) notice that the design-builder must provide, in a form and amount acceptable to the agency, insurance coverage for a defined period after final payment for the cost of

(A) correcting defects or deficiencies arising from or associated with design or construction negligence;

(B) errors or omissions; and

(C) legal defense and payment of indemnity;

(27) identification of the disciplines to be evaluated.

(b) In a request for proposals, an agency may require a cash deposit, letter of credit, or bond not to exceed five percent of the maximum cost of the design-build construction contract, as established by the proposal.

History: Eff. 8/21/2005, Register 175

Authority: AS 36.30.040

AS 36.30.200

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The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006