Current through Register Vol. 35, No. 18, September 24, 2024
A. When a determination has been made by the
state purchasing agent or a central purchasing office that it is appropriate to
use a design and build project delivery system, the design and build team shall
include, as needed, a New Mexico registered engineer or architect, and a
contractor properly licensed in New Mexico for the type of work
required.
B. For each proposed
design and build project delivery system, the using agency shall utilize a
two-phase request for proposal procedure for awarding design and build
contracts. During phase one, and prior to solicitation, the following shall
occur:
(1) procurement documents shall be
prepared for a "request for qualifications based proposal" by an engineer or
architect registered in New Mexico;
(2) such registered engineer or architect may
be either an employee of the using agency or selected in accordance with
Section
13-1-120
NMSA 1978 (the Procurement Code); and
(3) the documents shall include minimum
qualifications, scope of work statement and schedule, documents defining the
project requirements, evaluation criteria and a description of the selection
process, the composition of the selection committee, and a description of the
phase two requirements, program statements for the facility that describe space
needs, design goals and specific objectives so that all responsive offers can
be comparably evaluated and meet using agency needs; if the using agency
desires, it may include complete programming and schematic design including
recommended or required building systems, elevations, areas, floor plans and
cross sections, all depicted in limited detail for further development by
design and build team;
(4) the
document shall also include a description of subsequent management to be
provided to bring the project to completion proposed contractual terms and
conditions, and a summary of proposed relationships between the design and
build team and the owner's specified representatives; it is recommended that
the agency retain a qualified professional, or use the services of a
professional employed by the using agency to assist the agency in the oversight
of the project from the preparation of the documents to completion;
(5) the request shall include all design
factors the using agency considers necessary to describe the project and should
include, as appropriate, the following:
(a)
the legal description of the site;
(b) survey information, site data and subsoil
investigation;
(c) interior space
requirements;
(d) special material
and quality standards;
(e)
aesthetic considerations and compatibility with existing facilities;
(f) conceptual criteria for
project;
(g) special equipment and
system requirements;
(h) cost or
budget estimates including available funding;
(i) time schedules;
(j) quality assurance and quality control
requirements;
(k) site development
requirements;
(l) special codes,
regulations, ordinances, or statutes;
(m) provisions for availability, and
responsibility for costs of utilities, parking and landscaping
requirements;
(n) future expansion
requirements;
(o) existing
contracts, if any, to be utilized; and
(p) any other applicable
requirements.
C. The entity shall evaluate the proposals
and select a design and build team in two phases:
(1) In phase one, the agency shall evaluate
each offeror's experience technical competence and capability to perform, the
past performance of the offeror's team and members of the team, and other
appropriate factors submitted by the team or firm in response to the request
for qualifications. Design and build qualifications of responding firms shall
be evaluated and a maximum of five firms shall be short-listed in accordance
with technical and qualification-based criteria. A mandatory pre-proposal
conference shall be conducted to allow a short-listed offeror the opportunity
to submit questions of clarification. The using agency should not use any
submittal as the basis of retaining any design and build team other than the
submitting design and build team.
(2) In phase two, the agency shall invite
short-listed offerors to submit detailed specific technical concepts or
solutions, costs and scheduling.
(a)
Unsuccessful phase two offerors submitting a responsive proposal may be paid a
stipend to cover proposal expenses. It is recommended that criteria be
developed to determine whether a stipend will be provided to the short-listed
firms. For the purposes of this section, a stipulated stipend means using
funds, as determined by the using agency, to cover some expenses likely to be
incurred by the short-listed firms.
(b) The agency shall evaluate the short
listed offerors with selection criteria stated in the RFP including the weight
given to each criteria. The selection criteria should include but are not
limited to:
(i) phase one
qualifications;
(ii) quality of
proposed design, including required technical submittals;
(iii) quality of construction
approach;
(iv) demonstrated
response to program requirements;
(v) management plan for constructing the
project; and
(vi) cost and
schedule.
(c)
Presentation requirements to properly judge the offers should be stated in the
RFP and should include but are not limited to:
(i) the maximum number and size of drawings
and/or technical submittals allowed;
(ii) whether models are allowed or not;
and
(iii) types of media that can
be used in the presentation.
(d) Upon completion of the evaluation process
the selection shall be made and the contract awarded to the highest ranked
offeror.
D.
Once the proper determination is made in accordance with paragraph 8 [now
1.5.7.8 NMAC], and the evaluation and selection conducted in accordance with
paragraph 9.3 [now Subsection C of 1.5.7.9 NMAC], the state purchasing agent or
central purchasing office may award the contract regardless of whether the
contract falls below, equals, or exceeds ten million dollars.
E. Except to the extent that this rule
conflicts with the Procurement Code, Sections
13-1-28
through
13-1-199
NMSA 1978, this rule is governed by the Procurement Code and all applicable
general services department (GSD) regulations.
