Title 2 . Administration

Chapter 12 . Public Information

Section 943. Evaluation and award of design-build contracts

2 AAC 12.943. Evaluation and award of design-build contracts

(a) The agency shall use one or a combination of the following methods as a basis for award unless the commissioner of transportation and public facilities approves another method:

(1) the best value method, in which the agency gives numerical scores to technical proposals, and then uses those numerical scores and the bid price to establish a best value in accordance with a formula published in the request for proposals;

(2) the two-step method, in which the agency

(A) first, uses a request for qualifications and the qualification factors under 2 AAC 12.935 to short-list offerors; the request for qualifications must contain, at a minimum, the following elements:

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

(ii) the qualifications the offerors will be required to have;

(iii) a description of the project in enough detail to let offerors determine if they wish to compete and to form the basis for their qualification submissions;

(iv) qualification factors and their relative weights;

(v) identification of the maximum number of offerors that will be permitted, at the second step described in (B) of this paragraph, to submit price and technical proposals; the maximum number may not exceed five offerors, unless the procurement officer determines that a maximum number greater than five is in the best interest of the state; and

(B) second, uses a request for proposals to evaluate price and technical proposals from the offerors that are short-listed;

(3) the low-bid method, in which

(A) an offeror must submit a technically qualified proposal in order for the agency to consider the bid; and

(B) the agency awards the design-build construction contract to the offeror that submits a proposal that is technically qualified and lowest price.

(b) If an agency uses a request for qualifications to short-list offerors, the agency shall issue notice of the request for qualifications in accordance with 2 AAC 12.130.

(c) To evaluate either submissions made in response to a request for qualifications or submissions made in response to a request for proposals, the agency may form evaluation committees. To assist in the evaluation process, an evaluation committee may retain the services of non-voting members, including consultants or subconsultants.

(d) An agency is not required to award a design-build construction contract as a result of a request for proposals. In accordance with 2 AAC 12.270, 2 AAC 12.860, and 2 AAC 12.870, the agency may reject a proposal.

(e) Notice of intent to award a design-build construction contract shall be issued in accordance with 2 AAC 12.210.

(f) The award of a design-build construction contract, if any, shall be made in accordance with AS 36.30.250 .

(g) If the agency awards a design-build construction contract, the agency shall execute the contract and issue the successful offeror a written notice to proceed.

(h) At the time of award of a design-build construction contract, the agency may negotiate minor changes with the selected offeror for the purpose of clarifying the design criteria and work to be done, if the negotiated changes do not affect the ranking of the proposals based on their adjusted scores.

(i) In this section,

(1) "short-list" means to narrow the field of offerors through the selection of the most qualified offerors who have responded to a request for qualifications;

(2) "technical proposal" means the portion of a proposal that contains design solutions and other qualitative factors that are provided in response to the request for proposals.

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

Authority: AS 36.30.040

AS 36.30.200

AS 36.30.350

AS 36.30.365