Tenn. Comp. R. & Regs. 1680-05-04-.07

Current through December 10, 2024

Section 1680-05-04-.07 - REQUEST FOR QUALIFICATIONS

(1) The RFQ (or the RFP in a single-phase selection process) will contain all prequalification requirements for the proposed design-build project. The Department will evaluate the scope of the design-build project and will list the required prequalification categories for the design-build contract.

(2) Through the RFQ (or the RFP in a single-phase selection process), the Department shall establish criteria for the evaluation of statements of qualifications on a project-by-project basis. The RFQ shall include information on the procedures that apply for consideration of a proposal.

(3) The criteria for evaluation of qualifications may include, without limitation:

(a) Technical qualifications, such as specialized experience and technical competence, including key personnel;

(b) Capability to perform, including the availability of key personnel;

(c) Past performance by members of the design-builder's team, including design and construction members;

(d) Other appropriate qualifications-based selection factors.

(4) A letter of interest shall be submitted as a cover letter to the design-builder's SOQ submittal package. The SOQ shall address all stated criteria in the RFQ in order to be considered complete and responsive.

(5) The RFQ (or the RFP in a single-phase selection process) will address potential organizational conflicts of interest.

(a) The design-builder must disclose all relevant facts concerning any past, present, or currently planned interests which may present an organizational conflict of interest, including without limitation as follows:

1. Any current contractual relationships between the design-builder or any other person or entity participating in the design-builder's team (including identification of the Department contract number and project manager and/or project supervisor);

2. Any present or planned contractual or employment relationships between the design-builder, or any other person or entity participating in the design-builder's team, and any current Department employee;

3. Any current relationships between any other person or entity participating in the design-builder's team with any other member of the design-builder team on any other Department project (including identification of the Department contract number and project manager and/or project supervisor);

4. Any other circumstances that might be considered to create a financial interest in the contract for the project by any current Department employee if the design-builder is awarded the contract.

(b) With respect to each of the foregoing disclosures, the design-builder must identify, mitigate, or eliminate apparent or actual organizational conflicts of interest, as well as state how its interests or the interests of those participating as members of the design-builder's team may result in, or could be viewed as, an organizational conflict of interest.

(c) As a general rule, no person or entity that assisted the Department in preparing the RFP will be allowed to participate as a design-builder or as a member of the design-builder's team; provided, however, the Department may determine that there is not an organizational conflict of interest where:

1. The role of the person or entity was limited to provision of preliminary design, reports, or similar ''low-level'' documents that may be incorporated into the RFP but did not include assistance in the development of instructions to design-builders or evaluation criteria, or where

2. All documents and reports delivered to the Department by the person or entity are made available to all potential design-builders.

(d) If a person or entity has participated in preparing the NEPA or TEER document for the proposed design-build project, such person or entity shall not be allowed to respond to the RFQ and/or RFP for that project if:

1. The NEPA or TEER process is not complete prior to the date on which the proposed design-build project is advertised; or

2. The person or entity has any continuing decision-making responsibilities with respect to the NEPA or TEER process for the proposed design-build project after the date on which the proposed project is advertised.

(e) If at any time during the selection process or during the contract period a previously undetermined organizational conflict of interest arises, the design-builder must disclose that information as soon as discovered.

(6) The Department will review all SOQs in accordance with the advertised criteria in the solicitation, including at a minimum:

(a) Any prequalification requirements;

(b) All project-specific qualifications necessary to satisfy both the construction and design portions of the scope of services; and

(c) Disclosures concerning organizational conflicts of interest.

(7) Based on the responses provided in the SOQs, the Design-Build Review Committee shall evaluate the qualifications of the design-builders. Based on these evaluations, the Department may either accept all qualified design-builders or short list as appropriate in accordance with the identified selection method and the organizational conflicts of interest provisions established in paragraph (5) of this rule.

(8) The RFQ may be released prior to the conclusion of the NEPA or TEER review process as long as the RFQ informs design-builders of the general status of the NEPA or TEER process. Prior to completion of the NEPA or TEER review process, any preliminary engineering and other activities and analyses must not materially affect the objective consideration of alternatives in the NEPA or TEER review process.

Tenn. Comp. R. & Regs. 1680-05-04-.07

Original rule filed April 16, 2008; effective June 30, 2008.

Authority: T.C.A. §§ 54-1-119 and 4-3-2303.