RULE NO: RULE TITLE
14-91.007: Selection and Award Process
PURPOSE AND EFFECT: A new subsection (9) is added to Rule 14-91.007, F.A.C., to clarify the compensation of short-listed design-build firms.
SUBJECT AREA TO BE ADDRESSED: A new subsection (9) is being added to Rule 14-91.007, F.A.C.
SPECIFIC AUTHORITY: 334.044(2), 337.11(7)(b), 337.11(8) FS.
LAW IMPLEMENTED: 337.025, 337.11(7), 337.11(8) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Deanna R. Hurt, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-91.007 Selection and Award Process.

(1) Letters of Interest Requirements. Firms desiring to submit bid proposals on a design-build project must submit a letter of interest setting forth the qualifications of the members of the Firm and providing any other information required by the announcement of the project.

(2) Short Listing Criteria and Procedures. On Adjusted Score Design-Build projects, the Department will determine the short list of Firms based on an evaluation of the information provided by the letters of interest and in accordance with Rule Chapter 14-75, F.A.C. For this purpose, all references to “consultant” in Rule Chapter 14-75, F.A.C., shall be deemed to be a reference to “Firm” under this Rule Chapter. Low Bid Design-Build projects will not require short listing.

(3) Scope of Services Requirements. The Department shall develop a scope of services which furnishes sufficient information upon which Firms may prepare bid proposals and which sets forth the technical proposal evaluation criteria.

(4) Bid Proposal Requirements. Bid proposals shall consist of a technical proposal and a price proposal. The technical and price proposals will be received by the Department by the deadline stipulated in the public announcement.

(a) Technical Proposal. A technical proposal shall include all information requested in response to the request for proposals.

(b) Price Proposal. A price proposal shall include one lump sum cost for all costs of the project as defined by the scope of services requirements. Examples of such services are: design, permits, construction engineering and inspection and construction of the proposed project.

(5) Technical Review Committee. A Technical Review Committee will be assigned the responsibility to evaluate letters of interest and review technical proposals in accordance with the provisions of the request for proposal. The members of the Technical Review Committee will be designated by the appropriate Director, or designee, based on the nature of the work requested and the complexity of the project. When non-Department personnel serve on the Technical Review Committee, Department personnel shall constitute the majority unless otherwise approved by the appropriate Director. No employee of a firm pursuing a project under consideration will serve on the Technical Review Committee.

(6) The Department will use the Low Bid Design-Build process when its scope of work is precise, explicit and clearly defined, and will use the Adjusted Score Design-Build process when the scope of work is flexible and identifies an end result that the Department wants to achieve, rather than dictating specific methods and materials. The public announcement for a particular project will specify which process will be used.

(7) When time is to be used as an evaluation criteria, the Department will include an adjustment for the value of time in either type of design-build process referenced in subsection 14-91.007(6), F.A.C. This adjustment will be based on the Firm’s proposed number of days to complete the project multiplied by a value per day established by the Department in the request for proposals, i.e., number of days multiplied by the dollar value per day equals the price proposal adjustment (increase). This factor will be used for selection purposes only and shall not affect the Department’s liquidated damages schedule or affect the incentive/disincentive provisions of the contract.

(8) The contractor or design professional cannot team with other partners to submit more than one bid per project.

(9) The Department shall pay short-listed design-build firms submitting fully responsive proposals that are not selected a lump sum amount, stipend, as determined by the solicitation in order to stimulate competition and for the work product contained in the firm’s responsive proposals. The Department will not pay the selected design-build firm a stipend. An unselected short list design-build firm that submits a responsive proposal in response to and in accordance with the Department request for detailed proposals will receive a stipend in exchange for the work product contained in that proposal. The Department reserves the right to use any of the concepts, ideas, technologies, techniques, methods, processes, and information that are contained within the proposals without any further compensation therefore.

(a) In order to receive the stipend, the unselected short listed design-build firms must enter into a contract with the Department immediately after short listing. The contract is required to document the terms and conditions for the stipend.

(b) The Department’s criteria to determine the stipend amount shall include the following: complexity of the project, technical expertise, time and resources required for the proposal, and value of work product contained in the technical proposal. The intent to compensate and the stipulated amount of the stipend will be set forth in the request for proposals package.

Rulemaking ~~Specific~~ Authority 334.044(2), 337.11(7)(b), 337.11(8) FS. Law Implemented 337.025, 337.11(7), 337.11(8) FS. History– New 3-13-88, 6-13-90, Amended 2-20-96, 9-3-96, 10-18-00, 5-3-09,_________.