The department retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities or to advertise for new proposals if the department determines that it is in the best interest of the State.

3.__Prequalification.__The department may require that firms be prequalified to submit proposals.__If the department requires prequalification, it shall give public notice requesting qualifications from interested firms in at least 2 newspapers distributed in the State.__The department shall issue a request- for-qualifications package to all firms requesting one in accordance with the notice.

Interested firms shall supply, for themselves and all major participants, all information required by the department.__The department may investigate and verify all information received.__ All financial information, trade secrets or other information customarily regarded as confidential business information submitted to the department is confidential.

The department shall evaluate and rate all firms submitting a conforming statement of qualifications and select the most qualified firms to each receive a request for proposals.__The department may select any number of firms, except that, if the department fails to prequalify at least 2 firms, the department shall readvertise the project.

4.__Request for proposals.__If the department requires prequalification, it shall issue a request for proposals to those firms prequalified.__If the department does not require prequalification, it shall give public notice of the request for proposals in at least 2 newspapers distributed in the State.

The request for proposals must set forth the scope of work, design parameters, construction requirements, time constraints and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the department.__The request for proposals must include the criteria for acceptable proposals.__ For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals.__In the department's discretion, the request for proposals may provide for a process for the department to review conceptual technical elements of each

proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive.__All such conceptual submittals and responses are confidential until award of the contract.__The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements.

5.__Low-bid award.__If the basis of the award of responsive proposals is lowest cost, then each proposal, including the price or prices, must be sealed by the proposer and submitted to the department as one complete package.__The department shall award the design-build contract to the proposer that submits a responsive proposal with the lowest price, if the proposal meets all request-for-proposals requirements.

6.__Best-value award.__If the basis of the award of responsive proposals is best value, then each proposal must be submitted by the proposer to the department in 2 separate components, which are a sealed technical proposal and a sealed price proposal.__ These 2 components must be submitted simultaneously.

The department shall first open, evaluate and score each responsive technical proposal, based on the quality criteria contained in the request for proposals.__The request for proposals may provide that the range between the highest and lowest quality score of responsive technical proposals must be limited to an amount certain.__During this evaluation process, the price proposals will remain sealed and all technical proposals are confidential.

After completion of the evaluation of the technical proposals, the department shall publicly open and read each price proposal.__ The department shall calculate the overall value rating for each proposal, which is the total price divided by the quality score.__ The department shall award the contract to the proposer with the lowest price per quality score point, provided that the proposal meets all request-for-proposals requirements.

SUMMARY

This bill authorizes the Department of Transportation to use the design-build method of project delivery for public infrastructure projects. Unlike the traditional design-bid-build method of project delivery, design-builders design and build projects under a single contract. In addition to low-bid awards, this bill authorizes the Department of Transportation to award projects on a best-value basis after considering the quality of

the design. In addition, this bill includes a procedural step that minimizes the risk that bidders will submit nonresponsive proposals.