2006 Minnesota Statutes

161.3426 DESIGN-BUILD AWARD.
    Subdivision 1. Award; computation; announcement. Except as provided in subdivision 2,
a design-build contract shall be awarded as follows:
(a) The Technical Review Committee shall score the technical proposals using the selection
criteria in the request for proposals (RFP). The Technical Review Committee shall then submit
a technical proposal score for each design-builder to the commissioner. The Technical Review
Committee shall reject any proposal it deems nonresponsive.
(b) The commissioner shall announce the technical proposal score for each design-builder
and shall publicly open the sealed price proposals and shall divide each design-builder's price by
the technical score that the Technical Review Committee has given to it to obtain an adjusted
score. The design-builder selected must be that responsive and responsible design-builder whose
adjusted score is the lowest.
(c) If a time factor is included with the selection criteria in the RFP package, the
commissioner may also adjust the bids using a value of the time factor established by the
commissioner. The value of the time factor must be expressed as a value per day. The adjustment
must be based on the total time value. The total time value is the design-builder's total number
of days to complete the project multiplied by the factor. The time-adjusted price is the total
time value plus the bid amount. This adjustment must be used for selection purposes only, and
must not affect the Department of Transportation's liquidated damages schedule or incentive or
disincentive program. An adjusted score must then be obtained by dividing each design-builder's
time-adjusted price by the score given by the technical review team. The commissioner shall
select the responsive and responsible design-builder whose adjusted score is the lowest.
(d) Unless all proposals are rejected, the commissioner shall award the contract to the
responsive and responsible design-builder with the lowest adjusted score. The commissioner
shall reserve the right to reject all proposals.
    Subd. 2. Alternative process for certain contracts. (a) The commissioner may elect to use
the process in paragraph (b) for a design-build contract for a project with an estimated project
cost of less than $5,000,000.
(b) The commissioner shall give the lowest cost proposal the full number of price points
defined in the request for proposals (RFP). The commissioner shall award each of the other
proposals a percentage of the price points based on a ratio of the lowest price divided by the
responder's price. The commissioner shall add the technical score and price score and award the
contract to the responder with the highest total score.
    Subd. 3. Stipulated fee. The commissioner shall award a stipulated fee not less than
two-tenths of one percent of the department's estimated cost of design and construction to each
short-listed, responsible proposer who provides a responsive but unsuccessful proposal. If the
commissioner does not award a contract, all short-listed proposers must receive the stipulated
fee. If the commissioner cancels the contract before reviewing the technical proposals, the
commissioner shall award each design-builder on the short list a stipulated fee of not less than
two-tenths of one percent of the commissioner's estimated cost of design and construction. The
commissioner shall pay the stipulated fee to each proposer within 90 days after the award of the
contract or the decision not to award a contract. In consideration for paying the stipulated fee, the
commissioner 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 unsuccessful proposers. Notwithstanding
the other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the
commissioner may not use ideas and information contained in that proposer's proposal. Upon the
request of the commissioner, a proposer who waived a stipulated fee may withdraw the waiver, in
which case the commissioner shall pay the stipulated fee to the proposer and thereafter may use
ideas and information in the proposer's proposal.
    Subd. 4. Low-bid design-build process. (a) The commissioner may also use low-bid,
design-build procedures to award a design-build contract where the scope of the work can be
clearly defined.
(b) Low-bid design-build projects may require a request for qualifications (RFQ) and
short-listing, and must require a request for proposals (RFP).
(c) Submitted proposals under this subdivision must include separately a technical proposal
and a price proposal. The low-bid, design-build procedures must follow a two-step process for
review of the responses to the RFP as follows:
(1) The first step is the review of the technical proposal by the Technical Review Committee
as provided in section 161.3420, subdivision 2. The Technical Review Committee must open the
technical proposal first and must determine if it complies with the requirements of the RFP
and is responsive. The Technical Review Committee may not perform any ranking or scoring
of the technical proposals.
(2) The second step is the determination of the low bidder based on the price proposal.
The commissioner may not open the price proposal until the review of the technical proposal is
complete.
(d) The contract award under low-bid, design-build procedures must be made to the proposer
whose sealed bid is responsive to the technical requirements as determined by the Technical
Review Committee and that is also the lowest bid.
(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build projects
only when the commissioner has required an RFQ and short-listed the most highly qualified
responsive bidders.
    Subd. 5. Rejection of bids. The commissioner may reject all bids under this section.
History: 1Sp2001 c 8 art 3 s 9