(1)The department shall describe in the
specifications for the transportation project the particular design-build contract
and selection procedures to be used in awarding such contract, including but are
not limited to the following:
(a)A scope of work statement that defines the transportation project and
provides prospective design-build firms with sufficient information regarding the
department's requirements for the transportation project;
(b)If the department uses an adjusted score design-build contract process
to select a design-build firm, a scope of work statement that is flexible and that
identifies the end result that the department wants to achieve. The department may
determine the adjustment factors and methods it will use to adjust scores and shall
state such fact
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(1) The department shall describe in the
specifications for the transportation project the particular design-build contract
and selection procedures to be used in awarding such contract, including but are
not limited to the following:
(a) A scope of work statement that defines the transportation project and
provides prospective design-build firms with sufficient information regarding the
department's requirements for the transportation project;
(b) If the department uses an adjusted score design-build contract process
to select a design-build firm, a scope of work statement that is flexible and that
identifies the end result that the department wants to achieve. The department may
determine the adjustment factors and methods it will use to adjust scores and shall
state such factors and methods in the specifications for the transportation project.
The department may also provide a general concept of the transportation project to
potential design-build firms. Adjusted score design-build procedures shall consist
of the following two phases:
(I) In the first phase, the department shall issue a request for qualifications
within the time specified in section 43-1-1405 to solicit proposals that include
information on the design-build firm's qualifications and its technical approach to
the proposed transportation project. The department shall include appropriate
evaluation factors in the request for qualifications, including the factors set forth in
section 24-30-1403 (2), C.R.S. The department shall not include cost-related or
price-related factors in the request for qualifications. In accordance with the time
requirements specified in the department's rules, the department shall develop a
short list of the highest qualified design-build firms from the proposals submitted in
response to the request for qualifications.
(II) In the second phase, the department shall issue a request for proposals
to the design-build firms included on the short list developed pursuant to
subparagraph (I) of this paragraph (b) in accordance with the time requirements
specified in the department's rules. The request for proposals shall include:
(A) A request to separately submit a sealed technical proposal and a sealed
cost proposal for the transportation project;
(B) The required content of the technical proposal to be submitted by the
design-build firm, including design concepts for the transportation project, the
proposed solutions to the requirements addressed in the department's scope of
work statement, or both;
(C) Any other evaluation factors the department considers appropriate,
including the estimated cost of the transportation project; and
(D) Any formula the department determines is appropriate to adjust the total
score of a design-build firm's proposal.
(2) Except as provided in this subsection (2), the department shall allow the
preference to Colorado residents provided in section 24-103-908 in awarding an
adjusted score design-build contract pursuant to this part 14. In evaluating and
selecting a proposal for a design-build contract under this part 14, the department
shall assign greater value to a proposal in proportion to the extent such proposal
commits to using Colorado residents to perform work on the transportation project.
If, however, the department determines that compliance with this subsection (2)
may cause the denial of federal moneys that would otherwise be available for the
transportation project or if such compliance would otherwise be inconsistent with
the requirements of federal law, the department shall suspend the preference
granted under this subsection (2) only to the extent necessary to prevent denial of
federal moneys or to eliminate the inconsistency with federal law.
(3) The department may use any basis for awarding a design-build contract
pursuant to this part 14 that it deems appropriate so long as the basis for awarding
such contract is adequately described in the specifications for the transportation
project or the request for proposals. Such basis may include awarding a contract to
the design-build firm whose proposal provides the best value to the department.
(4) The department may cancel any request for qualifications, request for
proposals, or other solicitation issued pursuant to this part 14 or may reject any or
all proposals in whole or in part when the department determines that such
cancellation or rejection is in the best interest of the department.
(5) If the department awards a design-build contract pursuant to this part 14,
the department shall execute a design-build contract with the successful design-build firm and shall give notice to said firm to commence work on the transportation
project.