Title 2 . Administration

Chapter 12 . Public Information

Section 935. Design-builders

2 AAC 12.935. Design-builders

(a) A design-builder must have a valid business license issued under AS 43.70 and 12 AAC 12, and must be

(1) registered as a general contractor in accordance with AS 08.18 and 12 AAC 21; or

(2) licensed as an architect or engineer in accordance with AS 08.48 and 12 AAC 36.

(b) A design-builder may provide professional or construction services that the design-builder is not itself licensed or registered to provide, if those services are assigned or subcontracted to a person that

(1) is a member of the design-build team;

(2) has a valid business license issued under AS 43.70 and 12 AAC 12; and

(3) is registered or licensed to provide the services in accordance with AS 08.18 and 12 AAC 21, or with AS 08.48 and 12 AAC 36, as applicable.

(c) The agency shall evaluate a design-builder for at least the following qualification factors:

(1) bonding capacity;

(2) financial strength and capabilities;

(3) experience and technical expertise with projects of similar size and scope;

(4) past performance;

(5) qualifications and experience of key management and professional staff who will be assigned to the project;

(6) the capacity to accomplish work in the required time; as part of the evaluation, the agency shall consider, and the design-builder must disclose, the design-builder's present workload;

(7) quality control and quality assurance policies and programs;

(8) the design-builder's safety record, to include safety and drug-testing policies and programs;

(9) equipment, including technical resources and information technology;

(10) a subcontracting plan, including the qualifications and capabilities of any subcontractor required to be identified by the request for proposals.

(d) When evaluating a design-builder, the agency shall act in accordance with AS 36.30.250 (b).

(e) The agency shall preclude or disqualify a design-builder or member of the design-build team from participation in a design-build construction contract if the procurement officer determines that the design-builder or design-build team member has an unfair competitive advantage or a conflict of interest.

(f) A consultant or subconsultant to the agency may not be allowed to participate in a project in other than a consultant or subconsultant capacity unless the procurement officer determines that

(1) the role of the consultant or subconsultant

(A) was limited to provision of preliminary design, reports, or similar low-level documents that will be incorporated in to the request for proposals; and

(B) did not include assistance in the development of instructions to offerors, qualification factors, performance criteria, or other evaluation criteria; or

(2) each document or report that the consultant or subconsultant delivered to the agency is made available to all offerors.

(g) With or without a request from the agency, a design-builder, or a member of the design-build team, must promptly disclose to the agency, in writing, any factor that may provide an unfair competitive advantage or potential or actual conflict of interest for the design-builder or design-build team member.

(h) Nothing in 2 AAC 12.931 - 2 AAC 12.949 limits or eliminates any responsibility or liability that a professional on a design-build construction contract owes to the agency or to a third party.

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

Authority: AS 36.30.040

AS 36.30.200