Section 1680-05-04-.04 - DESIGN-BUILD REVIEW COMMITTEE(1) For each proposed design-build project, the Department will designate a Design-Build Review Committee (DBRC).(2) The members of the DBRC shall include at least three (3) Department employees from various Departmental divisions who are qualified by education and experience and at least two of whom shall be licensed professional engineers. Additional engineering and technical experts may be selected by the Department to serve as DBRC committee members on a project-by-project basis.(3) It shall be the responsibility of the DBRC to implement the design-build selection process, including the following: (a) Write or oversee the writing of the RFQ and/or RFP for the proposed design-build project, including the selection method to be used and a description of the scope of services to be obtained;(b) Determine the criteria for the award of a stipend, if any, to responsive but unsuccessful design-builders.(c) Advertise the proposed design-build project or cause it to be advertised;(d) Review and evaluate the statements of qualifications submitted in response to an RFQ;(e) Determine which design-builders shall be deemed qualified or short-listed for further consideration in accordance with the selection method identified in the RFQ or RFP;(f) Review and evaluate technical proposals submitted by qualified or short-listed design-builders in accordance with the identified selection method;(g) Open and read price proposals from eligible and responsive design-builders, or cause such to be opened and read;(h) Determine whether the price proposals are within an acceptable range of the Department's cost estimate and, if not, determine whether to proceed with a best and final RFP and, if so, to review and evaluate best and final offers from eligible and responsive design-builders;(i) Determine the apparent best evaluated design-builder in accordance with the identified selection method; and(j) Recommend to the Commissioner either:1. The rejection of all proposals;2. The award of a design-build contract to the best evaluated design-builder; or3. If the DBRC determines after opening the price proposals that the apparent best evaluated design-builder should be considered non-responsive, or if, after award, the best evaluated design-builder declines the award and forfeits the proposal guaranty, the DBRC may recommend award of the contract to the next best evaluated design-builder.(4) The DBRC shall have the authority to discontinue the design-build selection process at any time prior to the opening of price proposals, subject to any applicable obligation to pay a stipend to eligible and responsive design-builders.Tenn. Comp. R. & Regs. 1680-05-04-.04
Original rule filed April 16, 2008; effective June 30, 2008.Authority: T.C.A. §§ 54-1-119 and 4-3-2303.