Arkansas Administrative Code
Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION
Rule 001.00.16-001 - Proposed Rules for Design-Build Contracts
Universal Citation: AR Admin Rules 001.00.16-001
Current through Register Vol. 49, No. 2, February 2024
SECTION 1
Regulatory Authority
1.1 The Arkansas State Highway Commission's
authority for promulgating these rules is pursuant to Ark. Code Ann. §
27-65-107
and §
27-67-206.
1.2 These rules shall be known as the
Arkansas State Highway and Transportation Department Rules for Design-Build
Contracts.
SECTION 2
Purpose
2.1
These rules describe the Arkansas State Highway Commission's procedures and
regulations for the procurement of:
2.1.1
Qualification-based, design-build services and for administering design-build
project contracts;
2.1.2
Qualification-based, design-build-finance services and for administering a
design-build finance project contract; and
2.1.3 An agreement for concession.
SECTION 3
Definitions
3.1 Authorized entity - means a company,
firm, partnership, corporation, association, joint venture, or other legal
entity, including a combination of any of these entities, that has submitted a
Statement of Qualifications (SOQ) and has been selected to provide a response
to the Request for Proposal (RFP).
3.2 Best Value (BV) - is defined as the best
Adjusted Price represented by the submitted Design-Build Proposals, as
determined by the Department, at the completion of the proposal evaluation
period,
3.3 Commission - means the
Arkansas State Highway Commission,
3.4 Concession - means a lease, franchise,
easement, permit, or other binding agreement transferring rights for the use or
control of a transportation facility by the Commission to a private partner
under this subsection.
3.5
Department - refers to the Arkansas State Highway and Transportation
Department.
3.6 Design-Build - is a
qualification-based project delivery method in which design, construction, and
other related services are contracted to a single entity known as the
Design-Builder through a Design-Build Contract. Design-build-finance has been
recognized in Ark. Code Ann. §
27-67-206
as a type of Design-Build that includes a financial services component and
encompasses design-build-maintain, design-build-operate and other contracts
that include financial services in addition to design and construction,
including project financing, at-risk equity investment, operations, and/or
maintenance of the project.
3.7
Design-Build Contract - means an agreement that provides for design and
construction of improvements by a contractor or developer. The term refers to
the entirety of the agreement between the Department and the Design-Builder to
deliver the project, including the signed and executed agreement, all exhibits,
appendices, completed forms, and general and technical provisions, along with
the Design-Build Proposal provided by the Design-Builder prior to selection
which cumulatively represent the complete agreement between the parties.
Concession agreements are included in the term if it provides for a
concessionaire to develop the project which is the subject of the
agreement.
3.8 Design-Builder -
refers to the Short-List Proposer selected at the completion of the RFP phase
of the Procurement Process which will be offered the opportunity to enter into
the Design-Build Contract with the Department for the project. The
Design-Builder may be comprised of any company, firm, partnership, corporation,
association, joint-venture, or other legal entity as appropriate, pursuant to
the laws of the State of Arkansas.
3.9 Design-Build Proposal - means the
document submitted by the Proposer to the Department in response to the
RFP.
3.10 Proposer - refers to an
organization that completes all the requirements of the Request for
Qualifications (RFQ) and submits a Statement of Qualifications (SOQ) to the
Department in response to the Request for Qualifications. The Proposer may
consist of a single firm but normally consists of a collection of firms which
have organized together to pursue the project.
3.11 Request for Proposals (RFP) - means the
document issued by the owner in Phase I of the two-phased qualifications-based
selection process. It forms the basis for the Design-Build Proposal and may
potentially become an element in the contract.
3.12 Request for Qualification (RFQ) - means
the document issued by the owner in Phase I of the two-phased
qualifications-based selection process. It typically describes the project in
enough detail to let potential offerors determine if they wish to compete and
forms the basis for requesting qualifications submissions from which the most
highly qualified offerors can be identified.
3.13 Short-List Proposer - refers to a
proposer who has been selected at the end of the Statement of Qualifications
evaluation process as among the most highly qualified respondents to the RFQ. A
Short-List Proposer will subsequently be invited to submit a Design-Build
Proposal in response to the RFP released by the Department.
3.14 Solicitation - means a public
notification of an owner's need for information, qualifications, or proposals
related to identified services.
3.15 State highway revenues - means highway
revenues as defined under §
27-70-202.
3.16 Statement of Qualifications - (SOQ)
-refers to the document(s) prepared by the Proposer and submitted to the
Department in response to the Request for Qualifications. It provides the
Proposer qualifications and experience relative to performing the Project Work
as presented in the Request for Qualifications.
SECTION 4
Federal Aid
4.1 All Federal-aid Design-Build projects
within the highway right- of-way or linked to a Federal-aid highway project
(i.e., the project would not exist without another Federal-aid highway project)
are also subject to Title 23 of the Code of Federal Regulations, section 636,
regulations which are incorporated herein by reference.
4.2 If the project is not connected in any
way to a Federal-aid highway project or is not receiving federal-aid funds,
these provisions may not apply.
SECTION 5
Optional Use of Design-Build
5.1 The use of the Design-Build method is
solely at the discretion of the Commission and the final determination of
whether a project is selected by the Department for utilization of Design-Build
methodology is the responsibility of the Commission.
5.2 Potential Design-Build projects may be
proposed by Department staff for consideration by the Director.
SECTION 6
Guidelines and Procedures
6.1 The Commission authorizes the Department
to develop Design-Build guidelines and procedures which outline the technical
details and requirements of the Design-Build procurement process.
SECTION 7
Design-Build Project Procurement Process
7.1 The Department is authorized to utilize a
two-step process during the procurement phase of a Design-Build Project. The
Department is not required to follow a two-step process. If the two-step
process is utilized the Department shall:
7.1.1 Solicit potential proposers by
releasing a RFQ leading to submission of a SOQ by the Proposer and the
selection of Short-List Proposers.
7.1.2 Release a detailed RFP to allow
Short-List Proposers to respond with a Design-Build Proposal in accordance with
the RFP.
7.1.3 Make a final
selection of the Design-Builder which offers the Best Value solution for the
Project based upon the criteria for each individual project.
7.2 Confidentiality
7.2.1 The Procurement process, requisite
evaluations and selection is a very competitive process.
7.2.2 The Department has the obligation to
keep certain Proposer information confidential through the procurement and
selection process.
7.2.3 The
information of unsuccessful Proposers should remain confidential unless
otherwise required for release pursuant to statute, court order or some other
requirement.
7.2.4 Some portions of
the selected Design-Builder's information may be proprietary and not subject to
release under the Arkansas Freedom of Information Act.
7.3 Request for Qualifications
7.3.1 Requests for Qualifications (RFQ) shall
be project specific and shall be developed by the Department.
7.3.2 The RFQ should describe the project and
scope of work and may include other requirements and/or criteria to allow a
Proposer to determine their interest in the Design-Build Project. At a minimum,
the RFQ shall include:
7.3.2.1 Well-defined
requirements that will ensure an equitable and fair comparison.
7.3.2.2 Clearly defined requirements for
technical expertise and/or values that are important for the Project.
7.3.2.3 The Evaluation Scoring Criteria for
the SOQ including well defined requirements for obtaining the maximum
score.
7.3.3 Additional
requirements for the RFQ may be included in the Design-Build Guidelines and
Procedures.
7.4
Statement of Quahfications
7.4.1 The
requirements for the SOQ are project specific and will be developed by the
Department on an individual project basis.
7.4.2 The SOQ is the document submitted by a
Proposer that will provide the qualifications and experience of the Proposer
relative to the Project Scope as presented in the RFQ.
7.4.3 Additional requirements for the SOQ may
be included in the Design-Build Guidelines and Procedures.
7.5 Request for Proposals
7.5.1 Requests for Proposals (RFP) shall be
project specific and shall be developed by the Department.
7.5.2 The RFP will be comprised of a
compilation of documents which define the project components including Project
Design Criteria (PDC).
7.5.3 The
RFP describes the Project, the requirements for submitting a proposal, the
selection process, the evaluation criteria, the technical requirements for
designing and constructing the Project, and the various documents required to
establish the Proposer's plans and abilities to perform and manage the Project.
At a minimum the RFP shall include:
7.5.3.1
Instructions to Proposers containing well- defined requirements of the
Proposal.
7.5.3.2 Technical
Provisions clearly defining the project's scope, technical requirements, and
specifications.
7.5.3.3 Reference
material that may be necessary to prepare a complete response to the
RFP.
7.5.3.4 The Evaluation
Criteria for the Proposal including well defined requirements for obtaining the
maximum score.
7.5.4
Additional requirements for the RFP may be included in the Design-Build
Guidelines and Procedures.
7.6 Selection
7.6.1 The goal of the procurement process is
to select the proposal that represents the best value for the project.
7.6.1.1 The Best Value approach to contract
award selects the proposal in which the combination of technical, quality,
operating and pricing factors most closely meet or exceed the Department's
requirements.
7.6.1.2 The criteria
for determining the Best Value for a project will be detailed in the project
specific RFP as criteria will vary from project to project.
7.7 Design-Build
Project Administration
7.7.1 After selection
of a Design-Builder and execution of the Design-Build Contract, the Department
takes on the responsibilities as set out and described in the Design-Build
Contract.
7.7.2 The administration
process of a Design-Build Contract may be pursuant to the guidelines developed
by the Department or as directed on a project by project basis.
SECTION 8
Exclusive Jurisdiction
8.0 The Commission has exclusive authority to
determine those projects that will use the Design-Build method.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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