Section 1680-05-04-.08 - REQUEST FOR PROPOSALS(1) The Department will issue a request for proposals (RFP) for the design-build project to the design-builders that are deemed qualified or that are short-listed based on their response to the RFQ.(2) The RFP will outline the Department's time allowance for review of all submittals.(3) The RFP shall reference any applicable Department construction specifications including Standard Specifications, supplemental specifications or special provisions. The RFP will define the mandatory project scope elements, deliverables and the project schedule.(4) The RFP may address any particular processes, traffic control requirements, construction phasing, techniques that need to be specified in order to construct the project satisfactorily, or responsibilities of the design-builder.(5) As part of the RFP, and when available, the Department may provide any project-specific documentation, drawings, files, reports, and other pertinent materials which would be of use to the eligible design-builders.(6) The RFP will address the base technical concept for the design-build contract.(7) The RFP may allow design-builders to submit one or more alternate technical concepts (ATCs) for preapproval by the date specified within the RFP as long as these ATCs do not conflict with criteria agreed upon in the NEPA or TEER environmental decision making process. (a) ATCs will only be considered if they are equal to or better than the base technical concept, as determined by TDOT in its sole discretion, and if they have been used successfully elsewhere under comparable circumstances. Typically, ATCs will improve project quality and/or reduce project costs. TDOT may allow pre-approved ATCs as part of the design-builder's proposal.(b) A proposed ATC is not acceptable if it merely seeks to reduce quantities, performance, or reliability, or seeks a relaxation of the contract requirements. ATCs shall be submitted by the design-builder and pre-approved in writing by the Department. All technical proposals must include the Department's pre-approval letters for consideration of the ATCs.(c) The price proposal shall reflect any incorporated ATCs. Except for incorporating approved ATCs, the proposal may not otherwise contain exceptions to or deviations from the requirements of the RFP.(d) The RFP will not distinguish between a proposal that does not include any ATCs and proposals that include ATCs. Both types of proposals are evaluated against the same technical evaluation factors, and a best value determination is made in the same manner.(e) Each ATC submittal may include the following:(f) A design-builder may incorporate one or more pre-approved ATCs into its technical and price proposal. Each design-builder shall submit only one proposal.(g) An approved ATC that is incorporated into a design-builder's proposal will become part of the design-build contract upon award of the design-build contract to that design-builder.(h) To the extent authorized by law, ATCs properly submitted by a design-builder and all subsequent communications regarding its ATCs will be considered confidential prior to the award of the design-build contract.(8) The RFP will address selection and award criteria, which shall include cost, and may include the design-builders' qualifications, time of completion, innovation, design and construction quality and other technical or quality related criteria.(9) The RFP will address any other project specific information including, but not limited to: (a) Conflict of interest resolution; and(b) Proposal guaranty requirements.(10) The RFP may address and identify contract provisions, including but not limited to: (a) Risk allocation according to the type and location of the project, and the following risk factors may be considered: 2. Regulatory compliance risks;3. Construction phase risks;4. Post-construction risks; and(b) Payment and performance bonds;(c) Post-construction warranties;(d) General and professional liability insurance;(e) Meetings regarding the preconstruction services;(f) The Department's standards, rules, guidelines, and special provisions requirements;(g) Environmental regulatory requirements, including whether the Department or the design-builder will acquire any or all of the permits required for construction; and(h) Design and construction requirements, including specifications; and(i) The final documents to be provided by the design-builder upon completion of the project, which may include as-built plans, engineering reports, shop drawings, test results, documentation, daily reports, and item quantities.(11) The RFP will outline the terms and conditions of a project stipend (if applicable).Tenn. Comp. R. & Regs. 1680-05-04-.08
Original rule filed April 16, 2008; effective June 30, 2008.Authority: T.C.A. §§ 54-1-119 and 4-3-2303.