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

(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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