Okla. Admin. Code § 260:65-19-12

Current through Vol. 42, No. 8, January 2, 2025

Section 260:65-19-12 - Proposals

(a) Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the RFP.

(b) Upon expiration of the time established for making proposals as set forth in the RFP, all proposals received shall be submitted to and evaluated by the Technical Review Committee in conjunction with the Final Selection Board.

(c) Clarifications may be required to ensure conformance of proposals with the evaluation factors. Clarifications may require revised price and/or technical proposals.

(d) No proposal for a design-build contract may be accepted unless the Technical Review Committee determines that there was adequate competition for such contract.

(e) Proposals shall establish a cost of the design-build contract. The maximum project cost shall be provided to the teams in the RFQ.

(f) Proposals are expected to identify subcontractors to whom the design-builder proposes to delegate obligations under the design-build contract. Entities so identified will not be replaced without the approval of the state agency, or the award may be revoked.

(g) Each design-build team must include licensed architects and engineers independent from the state agency's design professional. The design-build team's licensed architects and engineers must be maintained from the RFQ or further identified as a replacement with reasonable justification and qualifications in the proposal submitted to the state agency.

(h) The state agency shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of this Chapter. The state agency may thereafter solicit new proposals using the same or different evaluation factors, budget constraints, or qualifications.

(i) The state agency shall maintain the secrecy and confidentiality of all proposals and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builder's competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.

(j) When a design-builder receives notification from a state agency that its proposal has not been accepted, the design-builder may, within seven (7) days, submit a written request for a written explanation of the selection process to the state agency.

(k) Proposals may be withdrawn for any reason at any time prior to the deadline.

(l) Written notice of the acceptance or rejection of a proposal shall be communicated to the design-builders.

Okla. Admin. Code § 260:65-19-12

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023