Compilation of Rules and Regulations of the State of Georgia
Department 672 - STATE DEPARTMENT OF TRANSPORTATION
Chapter 672-18 - GOVERNING THE DESIGN-BUILD PROCEDURES
Rule 672-18-.11 - Criteria for Providing a Stipend Fee

At the discretion of the Department, a stipulated fee as a payment for work product may be paid to the Proposers who submitted responsive, yet unsuccessful price proposals and technical proposals. The decision to utilize a stipulated fee shall be based on the Department's analysis of the estimated proposal development costs, the complexity of the project, opportunities for innovation, the expected level of Proposer's involvement during the ATC process (if applicable), and the anticipated degree of competition during the procurement process. Any stipulated fee recommendations shall be made by the Department's originating office for which the project has been assigned and the stipulated fee amount shall be determined on a project-by-project basis. Stipulated fee recommendations shall require the approval of both the Department's Chief Engineer and the Treasurer. The terms and conditions for stipulated fees, if applicable, shall be included in the RFP.

If a stipulated fee is provided, the work produced by the Proposer for the Project shall be provided to the Department for use in connection with the contract awarded for the Project, or in connection with a subsequent procurement on the Project or any other Department project, without obligation to pay any additional compensation to the unsuccessful Proposer.

Documentation supporting actual technical proposal development costs may be requested.

Proposers submitting a LOI and SOQ, which were considered unqualified or which were not Shortlisted by the Department, are not eligible for a stipulated fee.

The Proposer may elect to waive the stipulated fee and retain their work product.

O.C.G.A. Secs. 32-2-2, 32-2-81, 50-13-4.