Ariz. Admin. Code § R7-2-1111 - Alternative Procedure for Design-build or Job-order-contracting Construction Services
A. As an
alternative to
R7-2-1110(D), the school district may award a single contract for design-build construction
services or a single or multiple contracts for similar job-order-contracting
construction services pursuant to this Section.
B. The school district shall use the
selection committee appointed for the request for qualifications pursuant to
R7-2-1107.
C. The school district shall issue a request
for proposals to the persons on the final list developed pursuant to
R7-2-1110(A)
through (C) . The request for proposals shall
be issued at least 14 days before the due date and time for receipt of
proposals unless a shorter time is determined necessary by the school district.
1.
An annual or one-time bid bond underwritten by a
surety company licensed to issue bid bonds in this state; or
2.
A certified or cashier's check.
D. The request for proposals shall
include the following:
1. A statement that
the procurement is for a single contract or, for similar job-order-contracting
construction services only, for multiple contracts.
2. If the procurement is for multiple
contracts for similar job-order-contracting construction services, the notice
shall specify that multiple contracts will be awarded, shall specify the number
of contracts that will be awarded, shall specify the number of offerors to whom
contracts will be awarded which shall be the number of contacts in the
procurement, and shall describe the job-order-contracting services to be
performed under each contract.
3.
Instructions and information to persons concerning the proposal submission
requirements, including the due date and time for receipt of proposals, the
address of the office at which proposals are to be received, the proposal
acceptance period, and any other special information.
4. The school district's project schedule and
project final budget for design and construction or life cycle budget for a
procurement that includes maintenance services or operations
services.
5. If a single contract
will be awarded, a statement that the contract will be awarded to the person
whose proposal receives the highest number of points under a scoring method. If
multiple contracts for similar job-order-contracting services will be awarded,
a statement that the multiple contracts will be awarded to a specified number
of offerors whose proposals receive the highest number of points under a
scoring method. The specified number of offerors will be the number of
contracts included in the procurement.
6. A description of the scoring method,
including a list of the factors in the scoring method and the number of points
allocated to each factor.
7. For
design-build constructions services only, the design requirements, including
the required features, functions, characteristics, qualities and properties,
the anticipated schedule, including start, duration and completion, and the
estimated budgets applicable to the specific procurement for design and
construction and, if applicable, for operation and maintenance. Drawings and
other documents illustrating the scale and relationship of the features,
functions and characteristics of the project, which shall all be prepared by an
architect or engineer, as appropriate, and additional design information or
documents specified by the school district, may also be included.
8. A requirement that each offeror submit
separately a technical proposal and a price proposal and that the offeror's
entire proposal is responsive to the requirements in the request for proposals.
For design-build construction services, the price in the price proposal shall
be a fixed price or a guaranteed maximum price.
9. A statement that in applying the scoring
method, the selection committee will separately evaluate and score the
technical proposal before opening, evaluating, and scoring the price
proposal.
10. If the school
district desires to conduct discussions with offerors, a statement that
discussions may be held and a requirement that each offeror submit a
preliminary technical proposal before the discussions are held.
11. Type of contract to be used.
12. That offerors may designate as
proprietary portions of the proposal.
13. Notice that all information and proposals
submitted by offerors, except as stated in subsection (D)(12), will be made
available for public inspection after the school district has entered into a
single contract or all of the multiple contracts.
14. The contract terms and conditions,
including warranty and bonding or other security requirements, as
applicable.
15. The name of the
district representative or district representatives.
16. If the request for proposals incorporates
documents by reference, the request for proposals shall specify where such
documents may be obtained.
E. The factors in the scoring method
described in the request for proposals may include:
1. For design-build construction services
only, demonstrated compliance with the design requirements.
2. Offeror qualifications.
3. Offeror financial capacity.
4. Compliance with the school district's
project schedule.
5. For
design-build construction services only, if the request for proposals specifies
that the school district will spend its project budget and not more than its
project budget and is seeking the best proposal for the project budget,
compliance of the offeror's price or life cycle price for procurements that
include maintenance services, operations services or finance services with the
school district's budget as prescribed in the request for proposals.
6. For design-build construction services if
the request for proposals does not contain the specifications prescribed in
subsection (E)(5) and for job-order-contracting construction services, the
price or life cycle price for procurements that include maintenance services,
operations services or finance services.
7. An offeror quality management
plan.
8. Other evaluation factors
that demonstrate competence and qualifications for the type of construction
services in the request for proposals as determined by the school district, if
any.
F. If determined by
the school district and included in the request for proposals, the selection
committee shall conduct discussions with all offerors that submit preliminary
technical proposals. Discussions shall be for the purpose of clarification to
ensure full understanding of, and responsiveness to, the solicitation
requirements. Offerors shall be accorded fair treatment with respect to any
opportunity for discussion and for clarification by the school district.
Revision of preliminary technical proposals shall be permitted after submission
of preliminary technical proposals and before award for the purpose of
obtaining best and final proposals. In conducting any discussions, information
derived from proposals submitted by competing offerors shall not be disclosed
to other competing offerors.
G.
After completion of any discussions pursuant to subsection (F) or if no
discussions are held, each offeror shall submit separately its final technical
proposal and its price proposal.
H.
Before opening any price proposal, the selection committee shall open and
evaluate the final technical proposals and score the final technical proposals
using the scoring method in the request for proposals. No other factors or
criteria may be used in evaluation and scoring.
I. After completion of the evaluation and
scoring of all final technical proposals, the selection committee shall open,
evaluate and score the price proposals, and complete scoring of the entire
proposals using the scoring method in the request for proposals. No other
factors or criteria may be used in evaluation and scoring.
J. The school district shall award the
contract to the responsive and responsible offeror whose proposal receives the
highest score under the method of scoring in the request for proposals. No
other factors or criteria may be used in evaluation and award.
K. For procurements of multiple contracts for
similar job-order-contracting construction services, the school district may
award up to the number of contracts specified in the request for
proposals.
L. Before or at the same
time as the school district notifies the selected offeror of contract award,
the school district shall notify all other offerors of the award.
M. For design-build construction services
only, the school district shall award a stipulated fee equal to a percentage of
the school district's project final budget for design and construction, as
prescribed in the request for proposals, but not less than two-tenths of one
percent of the project final budget for design and construction to each final
list offeror who provides a responsive, but unsuccessful, proposal. If the
school district does not award a contract, all responsive final list offerors
shall receive the stipulated fee based on the school district's project final
budget for design and construction as included in the request for proposals.
The school district shall pay the stipulated fee to each offeror within 90 days
after the award of the initial contract or the decision not to award a
contract. In consideration for paying the stipulated fee, the school district
may use any ideas or information contained in the proposals in connection with
any contract awarded for the project, or in connection with a subsequent
procurement, without any obligation to pay any additional compensation to the
offerors. Notwithstanding the other provisions of this subsection, an offeror
may elect to waive the stipulated fee. If an offeror elects to waive the
stipulated fee, the school district may not use ideas and information contained
in the offeror's proposal, except that this restriction does not prevent the
school district from using any idea or information if the idea or information
is also included in a proposal of an offeror that accepts the stipulated
fee.
N. The procurement file shall
contain the basis on which the award is made, including at a minimum the
information and documents required under
R7-2-1115.
O. A copy of the request for proposals shall
be made available for public inspection at the school district
office.
Notes
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