Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 33, August 21, 2009 issue of the Florida Administrative Weekly.

(9) When included in the contract solicitation, the Department shall pay a lump sum stipend to shortlisted firms who are not selected, but have submitted responsive design-build proposals. 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.

(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. The Department shall issue the stipend contract on the Department’s Design/Build Stipend Agreement, Form No. 700-011-14, Rev. 11/09, incorporated herein by reference.

(b) Stipend compensation will be based upon estimated proposal development costs and the degree of engineering design during the procurement process in accordance with the following guidelines:

Contract Value	Complex Urban & Rehabilitation Projects	New Construction Projects	Compensation Range
<$5M	0.0050 x Estimate	0.0040 x Estimate	$15K $25K
$5M $20M	0.0030 x Estimate	0.0025 x Estimate	$15K $60K
$20M $50M	0.0020 x Estimate	0.0018 x Estimate	$36K $100K
$50M $100M	0.0015 x Estimate	0.0012 x Estimate	$60K $150K
>$100M	0.0012 x Estimate	0.0010 x Estimate	$100K +

The actual stipend compensation will vary based on the nature of the work, complexity of the project, technical expertise required, and the value of the work product to the Department. The amount and conditions of the stipend compensation will be included in the Department’s solicitation.