Search terms: PROCUREMENT |
IN THE HOUSE OF REPRESENTATIVES
BY REVENUE AND TAXATION COMMITTEE
1
AN ACT
2
RELATING TO HIGHWAYS, BRIDGES AND CONTRACTS; AMENDING SECTION 40102,
3
4
5
6
7
8
9
10
11
12
13
14
DEFINITIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
15
16
17
FOR SEALED BIDS AND TO PROVIDE FOR EXCEPTIONS; AMENDING CHAPTER 9,
18
19
CODE, TO PROVIDE FOR A PREFERRED CONTRACTING METHOD, TO PROVIDE FOR
20
THE SELECTION OF DESIGNBUILD FIRMS AND FOR THE AWARD OF DESIGNBUILD
21
CONTRACTS, TO PROVIDE CRITERIA, TO PROVIDE CONSTRUCTION BUDGET LIMITS
22
ON CERTAIN CONTRACTS, TO PROVIDE MINIMUMS TO BE PERFORMED BY THE
23
DESIGNBUILD FIRM, TO PROVIDE FOR RESPONSIBLE CHARGE, TO PROVIDE
24
FOR AN EVALUATION COMMITTEE, TO PROVIDE FOR COMPLIANCE OF LAWS, TO
25
PROVIDE FOR THE EMPLOYMENT OF A PROFESSIONAL ENGINEER, TO PROVIDE THAT
26
CERTAIN LICENSES MUST BE OBTAINED AT CERTAIN TIMES, TO PROVIDE THAT
27
THE DEPARTMENT MAY DISCONTINUE A SELECTION PROCESS, TO PROVIDE FOR
28
DEBRIEFING, TO PROVIDE THAT THE DEPARTMENT MAY ESTABLISH AND DETERMINE
29
CERTAIN METHODS TO SELECT FIRMS AND AWARD CONTRACTS, TO PROVIDE FOR
30
A TWOSTEP SELECTION PROCESS, TO PROVIDE FOR DESIGNBUILD SELECTION
31
AND CONTRACT METHODS THAT MAY BE USED, TO PROVIDE THAT THE DEPARTMENT
32
SHALL ADVERTISE, TO PROVIDE THAT THE REQUEST FOR QUALIFICATIONS AND
33
THE REQUEST FOR PROPOSAL ADDRESS CONFLICTS OF INTEREST, TO PROVIDE
34
THAT EACH REQUEST FOR QUALIFICATIONS INCLUDE CERTAIN INFORMATION,
35
TO PROVIDE CRITERIA FOR EVALUATION, TO PROVIDE THAT THE REQUEST FOR
36
QUALIFICATION SHALL NOT INCLUDE CERTAIN FACTORS, TO PROVIDE FOR A
37
SUMMARY OF SCORES, TO PROVIDE FOR A CHALLENGE, TO PROVIDE THAT THE
38
DEPARTMENT SHALL PREPARE A REQUEST FOR PROPOSALS, TO PROVIDE THAT
39
THE REQUEST FOR PROPOSAL INCLUDE CERTAIN INFORMATION, TO PROVIDE
40
THAT THE REQUEST FOR PROPOSAL SELECTION AND AWARD CRITERIA INCLUDE
41
CERTAIN INFORMATION, TO PROVIDE THAT THE DEPARTMENT MAKE CERTAIN
42
MATERIALS AVAILABLE, TO PROVIDE THAT THE REQUEST FOR PROPOSAL ADDRESS
43
AND IDENTIFY CERTAIN CONTRACT PROVISIONS, TO PROVIDE FOR ALTERNATE
44
TECHNICAL CONCEPTS, TO PROVIDE FOR ONEONONE MEETINGS, TO PROVIDE FOR
45
DISCLOSURE OF CERTAIN INFORMATION, TO PROVIDE THAT THE DEPARTMENT SHALL
2
1
NOT DISCLOSE CERTAIN INFORMATION, TO PROVIDE FOR SUBMITTAL, TO PROVIDE
2
FOR SCORING OR OTHERWISE EVALUATING CERTAIN PROPOSALS, TO PROVIDE
3
FOR DISCUSSIONS, TO PROVIDE THAT CERTAIN PROPOSALS BE KEPT SECURE, TO
4
PROVIDE THAT SCORES AND BEST VALUES SHALL BE READ PUBLICLY, TO PROVIDE
5
FOR ADJUSTMENT OF PRICE, TO PROVIDE FOR THE BASIS FOR DESIGNBUILD FIRM
6
SELECTION AND CONTRACT AWARD, TO PROVIDE FOR EXCLUDING REQUESTS FOR
7
8
THE DEPARTMENT TO ACT ON PROPOSALS, TO PROVIDE THAT THE DEPARTMENT IS
9
NOT REQUIRED TO AWARD A CONTRACT, TO PROVIDE FOR A SUMMARY OF SCORES AND
10
TO PROVIDE FOR A CHALLENGE TO THE DEPARTMENT’S DETERMINATION; AMENDING
11
12
13
THAT THE DEPARTMENT MAY SELECT CONSTRUCTION MANAGER/GENERAL CONTRACTOR
14
FIRMS AND AWARD CERTAIN CONTRACTS, TO PROVIDE CRITERIA FOR DETERMINING
15
WHEN TO USE CM/GC CONTRACT PROCEDURES, TO PROVIDE CONSTRUCTION BUDGET
16
LIMITS ON CERTAIN CONTRACTS, TO PROVIDE MINIMUMS TO BE PERFORMED BY
17
THE CM/GC FIRM, TO PROVIDE FOR A PROFESSIONAL ENGINEER AND TO PROVIDE
18
FOR RESPONSIBLE CHARGE, TO PROVIDE FOR APPLICATION OF LAWS, TO PROVIDE
19
FOR AN EVALUATION COMMITTEE, TO PROVIDE FOR A DEBRIEFING, TO PROVIDE
20
FOR THE AWARD OF CERTAIN CONTRACTS AND THE PUBLIC SOLICITATION OF
21
REQUEST FOR PROPOSALS, TO PROVIDE THAT THE DEPARTMENT SHALL ADVERTISE
22
REQUESTS FOR PROPOSALS, TO PROVIDE THAT THE REQUEST FOR PROPOSAL SHALL
23
ADDRESS CERTAIN CONFLICTS OF INTEREST, TO PROVIDE THAT THE REQUEST FOR
24
PROPOSAL SHALL INCLUDE CERTAIN INFORMATION, TO PROVIDE FOR EVALUATION
25
FACTORS, TO PROVIDE FOR THE BASIS OF SELECTION, TO PROVIDE THAT THE
26
CONTRACT SHALL BE AWARDED IN TWO PHASES, TO PROVIDE FOR PERFORMANCE
27
AND PAYMENT BONDS, TO PROVIDE THAT THE DEPARTMENT IS NOT REQUIRED TO
28
AWARD A CONTRACT, TO PROVIDE FOR NOTICE, TO PROVIDE FOR A SUMMARY OF
29
SCORES, TO PROVIDE FOR A CHALLENGE TO THE DEPARTMENT’S DETERMINATION;
30
AND DECLARING AN EMERGENCY.
32
33
amended to read as follows:
34
40102. DEFINITIONS A.
35
(1) "Activities, commercial or industrial." (See "Unzoned commercial
36
37
(2) "Advertising business, outdoor." (See "Outdoor advertising
38
39
(3) "Advertising display" means advertising structures and signs.
40
(4) "Advertising structure(s)" or "structure(s)" or "sign(s)" means
41
any thing designed, intended or used to advertise or inform. "Advertising
42
structure" or "sign" does not include:
43
(a) Official notices issued by any court or public body or officer.
44
(b) Notices posted by any public officer in performance of a public duty
45
or by any person in giving legal notice.
46
(c) Directional, warning or information structures required by or
47
authorized by law, informational or directional signs regarding
3
1
telephone service, emergency telephone signs, buried or underground
2
cable markers and above cable closures.
3
(d) An official or public structure erected near a city or county,
4
and within its territorial or zoning jurisdiction, which contains the
5
name of the city or county, provided the same is maintained wholly at
6
public expense. Where a city has been bypassed, but remains within
7
8
transportation board, in its discretion, may grant the city the right
9
to erect and maintain a billboard displaying the name of the city at
10
a location not to exceed one (1) mile from an interchange primarily
11
serving that city. Billboards erected must be at locations consistent
12
with department regulations and safety standards.
13
(5) "Agency," as applied to highway relocation assistance as provided
14
15
16
highway program or perform any highway project in which the acquisition of
17
real property may result in the displacement of any person.
18
(6) "Alternate technical concept (ATC)" means an alternative to the
19
base technical concept that promotes innovation and is equal or better in
20
quality or effect, as determined by the department in its sole discretion.
21
(7) "Areas, commercial or industrial, unzoned." (See "Unzoned
22
23
24
(89) "Automobile graveyard" means any establishment or place of
25
business which is maintained, used, or operated, for storing, keeping,
26
buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles
27
or motor vehicle parts.
28
(910) "Average annual net earnings," for the purposes of section
29
30
or farm operations, before federal, state and local income taxes, during
31
the two (2) taxable years immediately preceding the taxable year in which
32
the business or farm operation moves from the real property acquired for
33
the project, or during any other period as the agency determines to be more
34
equitable for establishing the earnings, and includes any compensation paid
35
by the business or farm operation to the owner, his spouse, or his dependents
36
during the two (2) year period, or any other period as determined by the
37
agency.
38
39
amended to read as follows:
40
40103. DEFINITIONS B.
41
(1) "Base technical concept" means the project specific concepts and
42
technical information provided in the request for proposals upon which
43
designbuild firms will develop their technical and price proposals.
44
(2) "Best value selection" means any selection process in which
45
proposals contain both price and qualitative components and award is based
46
upon a combination of price and qualitative considerations.
47
48
(24) "Business" means any lawful activity, excepting a farm operation,
49
conducted primarily for the purchase, resale, lease and rental of personal
4
1
and real property, and for the manufacture, processing or marketing of
2
products, commodities, or other personal property; for the sale of services
3
4
for assisting in the purchase, sale, resale, manufacture, processing, or
5
marketing of products, commodities, personal property, or services by the
6
erection and maintenance of an outdoor advertising display or displays,
7
whether or not displays are located on the premises on which any of the
8
activities are conducted.
9
(5) "Business entity" means a corporation, professional corporation,
10
limited liability company, professional limited liability company,
11
general partnership, limited partnership, limited liability partnership,
12
professional limited liability partnership or any other form of business
13
except a sole proprietorship.
14
15
amended to read as follows:
16
40104. DEFINITIONS C.
17
(1) "City system" means all public highways within the corporate limits
18
of a city, with a functioning street department, except those highways which
19
are under federal control, a part of the state highway system, part of a
20
highway district system or an extension of a rural major collector route as
21
22
(2) "Commercial activities." (See "Unzoned commercial or industrial
23
24
(3) "Commercial areas, unzoned." (See "Unzoned commercial or
25
26
(4) "Commissioners" means the board of county commissioners of a county
27
of this state.
28
(5) "Construction manager/general contractor firm" means a business
29
entity with which the department has contracted to provide services prior to
30
the final design phase and provide for the construction of the project during
31
the construction phase.
32
(6) "Construction manager/general contractor project" means a
33
34
licensed professional engineer to develop the design and also hires a
35
construction manager/general contractor firm to provide services prior to
36
the final design. If a guaranteed maximum price is negotiated successfully,
37
the construction manager/general contractor firm also provides for
38
construction of the project.
39
(7) "Consultant" means an individual or business entity possessing the
40
qualifications to provide licensed architectural, licensed engineering, or
41
licensed land surveying services or possessing specialized credentials and
42
qualifications.
43
(8) "Controlledaccess facility" means a highway especially designed
44
for through traffic to which owners or occupants of abutting land have
45
no right or easement or only a controlled right or easement of access by
46
reason of the fact that their property abuts upon the controlledaccess
47
facility. These highways may be freeways open to use by all customary forms
48
of highway traffic, or they may be parkways from which trucks, buses and
49
other commercial vehicles shall be excluded.
5
1
(69) "County highway system" or "county secondary highways" mean all
2
public highways in a county except those included within the state highway
3
system, those under another state agency, those included within city highway
4
systems of incorporated cities, those included within a highway district
5
highway system, and those under federal control.
6
7
amended to read as follows:
8
40105. DEFINITIONS D.
9
10
(2) "Designbuild contract" means a single contract between the
11
department and a designbuild firm to furnish the architectural or
12
engineering and related design services, labor, material, supplies,
13
equipment, and construction services for the highway project.
14
(3) "Designbuild firm" means a sole proprietorship, partnership,
15
limited liability partnership, joint venture, corporation, any type of
16
limited liability company, professional corporation or legal entity
17
qualified to design and build highway projects.
18
(4) "Designbuild project" means a project for which both the design
19
and construction of the project are procured by the department in a single
20
contract with a designbuild firm capable of providing the necessary design
21
services and construction.
22
(5) "Designer" means a duly licensed individual or business entity who
23
performs the engineering design and related design work for a designbuild
24
firm.
25
(6) "Designer qualifications" means the criteria used to evaluate the
26
designbuild firm’s designer(s).
27
28
department.
29
(38) "Displaced person" means any individual, family, business or farm
30
operation which moves from real property or moves personal property from
31
real property acquired for a program or project of a state or local agency, in
32
whole or in part, or as the result of a written order of an acquiring agency
33
to vacate real property for a program or project of a state or local agency,
34
35
written order of an acquiring agency to vacate other real property, on which
36
a person conducts a business or farm operation, for a program or project of
37
any state or local agency.
38
(49) "Draw" means making a cash demand on the proceeds of
39
40
41
(510) "Dump" means any place or area, not operated as a business, where
42
junk is deposited, stored or kept.
43
44
amended to read as follows:
45
40107. DEFINITIONS F.
46
(1) "Facilities" mean tracks, pipes, mains, conduits, cables, wires,
47
towers, poles, equipment and appliances.
6
1
(2) "Family" means two (2) or more persons living together in the same
2
dwelling unit who are related to each other by blood, marriage, adoption or
3
legal guardianship.
4
(3) "Farm operation" means any activity conducted primarily for the
5
production of agricultural products or commodities, including timber, for
6
sale and home use, and producing agricultural products or commodities in
7
sufficient quantity to contribute materially to the operator’s support.
8
(4) "Feeder highway" means any highway which, in the opinion of the
9
transportation board, is needed to create or facilitate access to a turnpike
10
project upon which a toll is charged for transit.
11
(5) "Federal land rightsofway" mean rightsofway on federal land
12
13
Code U.S.C. 932, and other federal access grants and shall be considered
14
to be any road, trail, access or way upon which construction has been
15
carried out to the standard in which public rightsofway were built within
16
historic context. These rightsofway may include, but not be limited
17
to, horse paths, cattle trails, irrigation canals, waterways, ditches,
18
pipelines or other means of water transmission and their attendant access
19
for maintenance, wagon roads, jeep trails, logging roads, homestead roads,
20
mine to market roads and all other ways.
21
(6) "Final design" means any design activities following preliminary
22
design and includes the preparation of final construction plans and detailed
23
specifications for the performance of construction work.
24
(7) "Fixed pricebest design" means a selection process in which the
25
contract price is established by the department and stated in the request
26
for proposals. Design solutions and other qualitative factors are evaluated
27
and rated, with award going to the designbuild firm offering the best
28
qualitative proposal for the established price.
29
30
amended to read as follows:
31
40108. DEFINITIONS G.
32
(1) "GARVEE" means grant anticipation revenue vehicle, a debt
33
financing instrument which enables states to finance state transportation
34
infrastructure projects and to pay debt service and other bondrelated
35
expenses with future federalaid highway apportionments.
36
(2) "Guaranteed maximum price (GMP)" means the total maximum price that
37
includes all reimbursable costs and fees, except for material changes in the
38
scope of work, for completion of a construction manager/general contractor
39
contract that is provided by the selected contractor and accepted by the
40
department.
41
42
amended to read as follows:
43
40113. DEFINITIONS L.
44
(1) "Lawfully maintained" means a sign maintained on private land in
45
accordance with state law and with the consent or acquiescence of the owner,
46
or his agent, of the property upon which the sign is located.
7
1
(2) "Local highway technical assistance council" means the public
2
3
(3) "Local highway jurisdiction" means a county with jurisdiction
4
over a highway system, a city with jurisdiction over a highway system, or a
5
highway district.
6
(4) "Lowest price technically acceptable selection" means a type
7
of process for selection of a designbuild firm in which the department
8
identifies evaluation factors that establish the minimum requirements
9
of acceptability. Proposals are evaluated for acceptability based on
10
qualitative factors, not cost or price, but are not ranked. The contract
11
award will be made on the basis of the lowest evaluated price of proposals
12
meeting or exceeding the acceptability standards for qualitative factors.
13
14
amended to read as follows:
15
40116. DEFINITIONS O.
16
(1) "Organizational conflict of interest" means that, because of
17
other activities or relationships with other persons or entities, a person
18
or entity is unable or potentially unable to render impartial assistance
19
or advice to the department or the person’s or entity’s objectivity in
20
performing the contract work is or might be otherwise impaired, or a person
21
or entity has an unfair competitive advantage.
22
(2) "Outdoor advertising business" means the business or occupation
23
of placing, erecting, constructing or maintaining advertising structures
24
or signs. The term does not include the placing, erecting, constructing
25
or maintaining of advertising displays exclusively pertaining to the
26
business of the person placing the advertising display, but does include
27
a person whenever he personally or through employees places advertising
28
displays containing advertising which does not pertain exclusively to his
29
own business.
30
(23) "Owner" means all persons and all political subdivisions of the
31
state having any title or interest in any property, rights, easements and
32
33
34
amended to read as follows:
35
40117. DEFINITIONS P.
36
(1) "Person" includes every natural person, firm, fiduciary,
37
copartnership, association, corporation, trustee, receiver or assignee for
38
the benefit of creditors.
39
40
41
the general project location and design concepts. It includes, but is not
42
limited to, preliminary engineering and other activities and analyses,
43
such as environmental assessments, topographic surveys, metes and bounds
44
surveys, geotechnical investigations, hydrologic analyses, hydraulic
45
analyses, utility engineering, traffic studies, financial plans, revenue
46
estimates, hazardous materials assessments, general estimates of the types
8
1
and quantities of materials and other work needed to establish parameters
2
for the final design.
3
(4) "Price proposal" means the price submitted by a designbuild
4
firm to provide the required design and construction services described
5
in the request for proposals or the price submitted by a construction
6
manager/general contractor firm to provide the required construction
7
services described in the request for proposal.
8
(35) "Primary system" or "primary highway" means any portion of the
9
highways of the state, as officially designated, or as may hereafter be so
10
11
of transportation, pursuant to the provisions of title 23, U.S. Code,
12
"Highways."
13
(46) "Public highway agency" means the state transportation
14
department, any city, county, highway district or other political
15
subdivision of the state with jurisdiction over public highway systems and
16
public rightsofway.
17
(57) "Public highways" means all highways open to public use in the
18
state, whether maintained by the state or by any county, highway district,
19
city, or other political subdivision. (Also see "Highways," section 40109,
20
21
(68) "Public rightofway" means a rightofway open to the public
22
and under the jurisdiction of a public highway agency, where the public
23
highway agency has no obligation to construct or maintain, but may expend
24
funds for the maintenance of, said public rightofway or post traffic
25
signs for vehicular traffic on said public rightofway. In addition, a
26
public rightofway includes a rightofway which was originally intended
27
for development as a highway and was accepted on behalf of the public by
28
deed of purchase, fee simple title, authorized easement, eminent domain,
29
by plat, prescriptive use, or abandonment of a highway pursuant to section
30
31
32
a facility for the transmission of water. Public rightsofway shall not be
33
considered improved highways for the apportionment of funds from the highway
34
distribution account.
35
(79) "Public transportation services" means, but is not limited to,
36
fixed transit routes, scheduled or unscheduled transit services provided
37
by motor vehicle, bus, rail, van, aerial tramway and other modes of public
38
conveyance; paratransit service for the elderly and disabled; shuttle
39
and commuter service between cities, counties, health care facilities,
40
employment centers, educational institutions or parkandride locations;
41
subscription van and car pooling services; transportation services unique
42
to social service programs; and the management and administration thereof.
43
44
hereby amended by the addition thereto of a NEW SECTION, to be known and
45
46
40119. DEFINITIONS R.
47
(1) "Request for proposals (RFP)" means a document used to solicit
48
proposals from designbuild firms to design and construct a highway project
49
or to solicit proposals from construction manager/general contractor firms
9
1
to provide services prior to final design and then construct a highway
2
project.
3
(2) "Request for qualifications (RFQ)" means a document issued by the
4
department in the first step of a twostep selection process that describes
5
the project in enough detail to let potential designbuild firms determine
6
if they wish to compete and forms the basis for developing a shortlist of the
7
most qualified designbuild firms.
8
(3) "Responsive proposals" mean proposals submitted by responsive
9
proposers that comply with the request for proposals and all prescribed
10
11
12
amended to read as follows:
13
40120. DEFINITIONS S.
14
(1) "Safety rest area" means an area or site established and maintained
15
within or adjacent to the rightofway by or under public supervision or
16
control, for convenience of the traveling public.
17
(2) "Shortlisting" means the narrowing of the field of potential
18
designbuild firms through the selection of the most qualified designbuild
19
firms who have responded to a request for qualifications.
20
21
(34) "Single countywide countywide highway district" means all public
22
highways within the county, including those within all cities of the county,
23
but excepting those within the state highway system and those under federal
24
control.
25
(45) "State highway system" means the principal highway arteries in
26
the state, including connecting arteries and extensions through cities, and
27
includes roads to every county seat in the state.
28
(56) "State law" means a provision of the constitution or statutes of
29
this state, or an ordinance, rule or regulation enacted or adopted by an
30
agency or political subdivision of this state pursuant to the constitution
31
or statutes.
32
(7) "Stipend" means a monetary amount that may be paid to unsuccessful
33
designbuild firms who have submitted responsive proposals in response to
34
an RFP. The purpose of a stipend is to encourage competition by offering to
35
compensate responsive but unsuccessful designbuild firms for a portion of
36
the proposal development costs.
37
38
Code)
39
40
41
amended to read as follows:
42
40121. DEFINITIONS T.
43
(1) "Technical proposal" means that portion of a designbuild firm
44
proposal that contains design solutions and other qualitative factors that
45
are provided in response to a request for proposals.
46
(2) "Tourist related advertising sign" means any sign which advertises
47
a specific public or private facility, accommodation or service, at a
10
1
particular location or site, including: overnight lodging, a camp site,
2
food service, recreational facility, tourist attraction, education or
3
historical site or feature, automotive service, facility or garage.
4
(23) "Turnpike project" means any express highway or bridge at
5
locations and between terminals as may be established by the board and
6
constructed or to be constructed under the provisions of chapter 4, title
7
8
underpasses, interchanges, entrance plazas, approaches, toll houses,
9
service areas, service stations, service facilities, communication
10
facilities, and administration, storage and other buildings, which the
11
board may deem necessary for the operation of a project, together with all
12
property, rights, easements, and interests which may be acquired by the
13
board for the construction or the operation of a project.
14
(34) "Turnpike revenue bonds" mean bonds of the transportation board
15
16
17
first step consists of shortlisting based on statements of qualifications
18
submitted in response to a request for qualifications and the second step
19
consists of the submission of price and technical proposals in response to
20
a request for proposals.
21
22
amended to read as follows:
23
40902. BIDS STATE HIGHWAY SYSTEM. (1) Whenever work on the state
24
highway system is let by contract, advertisement for sealed bids must
25
be called for by public advertisement in provided for at least two (2)
26
consecutive weekly issues in a weekly newspaper or five (5) issues in a daily
27
weeks in one (1) newspaper, having a general circulation in the county or
28
one (1) of the counties, where the work is to be done. In addition, the
29
department may use any medium reasonably determined to reach prospective
30
bidders.
31
(2) Each bid must be accompanied by a cashier’s check or a certified
32
33
a bidder’s bond, for the sum of five percent (5%) of the amount of the bid,
34
to be forfeited if the bidder, upon acceptance of his bid, fails or refuses
35
to enter into a contract within fifteen (15) days after the presentation
36
of the contract by the department to him for execution and to furnish the
37
required bond. Checks and bonds of unsuccessful bidders shall be returned
38
immediately after the contract is awarded. If the contracting agency allows
39
electronically submitted bid documents, then a bid bond in electronic
40
form with valid electronic signatures shall accompany the submittal of the
41
electronic bid documents.
42
(3) Except as allowed by the provisions of sections 40904 and 40905,
43
44
in the advertisement and the contract let to the lowest responsible bidder,
45
but the department has the right to reject any and all bids, or to let the
46
contract for a part or all of the work.
47
(4) If no satisfactory bid is received, new bids may be called for,
48
or the work may be performed by day labor, or as may be determined by the
49
department.
11
1
(5) Except as allowed by the provisions of sections 40904 and 40905,
2
3
determined by the department may within five (5) calendar days of bid opening
4
file a written application to challenge the department’s determination
5
of the lowest responsible bidder and apply to the department’s chief
6
engineer for the appointment of a hearing officer to hold a contested case
7
hearing. The application shall set forth in specific terms the reasons
8
why the department’s decision is thought to be erroneous. Upon receipt of
9
an application, the chief engineer shall appoint a hearing officer with
10
the authority to conduct a contested case hearing in accordance with the
11
12
hearing officer of findings of fact, conclusions of law and a recommended
13
order, the chief engineer shall review the same and enter a final order
14
sustaining or reversing the decision of the department on the selection
15
of the lowest responsible bidder. Following entry of the final order, the
16
chief engineer shall have the authority to award the contract to the bidder
17
determined in the final order to be the lowest responsible bidder at a time
18
and in a manner which shall be in the best interest of the state.
19
20
hereby amended by the addition thereto of a NEW SECTION, to be known and
21
22
40904. CONTRACTS DESIGN BUILD. (1) The preferred contracting
23
24
Code. The department may select designbuild firms and award contracts
25
for designbuild projects if the board determines that the projects are of
26
appropriate size and scope, that awarding a designbuild contract will serve
27
the public interest, and that the method is superior to that described in
28
29
minimum basis for determining when to use designbuild contract procedures:
30
(a) Project suitability for designbuild method contracting regarding
31
time constraints, costs and quality factors;
32
(b) The availability, capability and experience of potential
33
designbuild firms;
34
(c) The department’s ability to manage designbuild projects,
35
including employing experienced personnel or outside consultants; and
36
(d) Other criteria the department deems relevant and states in writing
37
in its determination to use designbuild contract procedures.
38
(2) No more than twenty percent (20%) of the department’s annual
39
highway construction budget for the state transportation improvement
40
program shall be used for designbuild and construction manager/general
41
contractor contracts combined.
42
(3) No less than thirty percent (30%) of any designbuild contract
43
awarded shall be selfperformed by the designbuild firm awarded such
44
contract.
45
46
responsible charge of preparing the request for qualifications (RFQ) and
47
request for proposals (RFP) including the base technical concept. The term
48
12
1
professional engineer shall not be affiliated with any designbuild firm
2
submitting proposals on the project.
3
(5) For each proposed designbuild project, the department shall
4
designate an evaluation committee. The evaluation committee shall include
5
at least five (5) members who are qualified by education and experience,
6
and at least two (2) of whom shall be professional engineers licensed in
7
8
committee may retain the services of nonvoting members.
9
(6) Any designbuild firm, regardless of its organizational structure,
10
must comply with all applicable requirements of chapter 12, title 54,
11
12
13
the designbuild project for the designbuild firm. The term "responsible
14
15
(7) Any designbuild firm regardless of its organizational structure,
16
17
Code.
18
19
20
public works licenses required shall be obtained prior to contract award.
21
(9) The department shall have the authority to discontinue the
22
designbuild firm selection process at any time prior to the opening of price
23
proposals, subject to any applicable obligation to pay a stipend.
24
(10) After shortlist selection and contract award, and upon written
25
request, all unsuccessful designbuild firms shall be afforded the
26
opportunity for a debriefing. Debriefings shall be provided at the earliest
27
feasible time after a designbuild firm has been selected for award. The
28
debriefing shall:
29
(a) Be limited to discussion of the unsuccessful designbuild firm’s
30
proposal and shall not include specific discussion of a competing
31
proposal.
32
(b) Provide information on areas in which the unsuccessful
33
designbuild firm’s proposal had weaknesses or deficiencies.
34
(c) Maintain the confidentiality of evaluation committee members and
35
other designbuild firms shall be maintained.
36
(11) The department shall establish and determine the appropriate
37
designbuild contract method to select designbuild firms and award
38
contracts on a projectbyproject basis. The method shall be stated in
39
the request for proposals, and in the request for qualifications when
40
applicable. The department shall use a twostep selection process for all
41
projects. Designbuild selection and contract methods that may be used are:
42
(a) Best value;
43
(b) Fixed pricebest design; or
44
(c) Lowest pricetechnically acceptable. The department may only use
45
the lowest pricetechnically acceptable method when:
46
(i) The preliminary design is completed and the designbuild
47
firm’s role is limited to completing the final design and
48
constructing the designbuild project;
49
(ii) No rightofway must be acquired by the designbuild firm;
13
1
(iii) No utility or railroad permits must be obtained by the
2
designbuild firm;
3
(iv) The department obtains the required environmental
4
clearances; and
5
(v) The department has determined that meeting the minimum
6
technical and designer qualification requirements is sufficient
7
for the project and that innovation or alternatives are not
8
required.
9
(12) The department shall advertise for request for qualifications and
10
request for proposals in accordance with the procedures outlined in section
11
12
(13) The RFQ and RFP shall address potential organizational conflicts
13
of interest.
14
(a) No person or business entity that assisted the department in
15
preparing the solicitation documents will be allowed to participate
16
as a designbuild firm or as a member of the designbuild firm’s
17
team; however, the department may determine that there is not an
18
organizational conflict of interest where:
19
(i) The role of the person or business entity was limited to
20
provision of preliminary design, reports, or similar "lowlevel"
21
documents that may be incorporated into the solicitation but
22
did not include assistance in the development of instructions to
23
designbuild firms or evaluation criteria; or
24
(ii) All documents and reports delivered to the department by the
25
person or entity are made available to all potential designbuild
26
firms.
27
(b) The designbuild firm shall disclose all relevant facts concerning
28
any past, present, or currently planned interests that may present an
29
organizational conflict of interest.
30
(c) If at any time during the selection process or during the contract
31
period a previously undetermined organizational conflict of interest
32
arises, the designbuild firm must disclose that information as soon as
33
discovered and mitigate or eliminate the conflict.
34
(14) At a minimum, the following shall be included in each request for
35
qualifications (RFQ):
36
(a) Minimum designbuild firm qualifications necessary to meet the
37
project’s designbuild requirements;
38
(i) Relevant constructionrelated experience and performance;
39
(ii) Financial, personnel and equipment resources available for
40
construction;
41
(iii) Designer qualifications;
42
1. Experience and performance of the designer on similar
43
projects;
44
2. Qualifications and relevant experience of the designer’s
45
project manager and key personnel;
46
3. Available resources of the designer.
47
(b) Scope of work statement and schedule;
48
(c) Documents defining the project requirements;
49
(d) Maximum time allowed for project design and construction;
50
(e) Estimated cost of project design and construction;
14
1
(f) Requirements for key personnel;
2
(g) Scoring criteria for evaluating the qualifications submitted; and
3
(h) The number of firms to be shortlisted. The number of firms
4
shortlisted shall be no less than two (2) or more than five (5).
5
(15) The criteria for evaluation of qualifications may include, without
6
limitation:
7
(a) Technical qualifications for construction, such as specialized
8
experience and technical competence, including key personnel;
9
(b) Capability to perform construction, including the availability of
10
key personnel;
11
(c) Designer qualifications;
12
(d) The proposed plan of the designbuild firm to manage the design and
13
construction of the project;
14
(e) Understanding of and approach to the project;
15
(f) Organizational conflicts of interest;
16
(g) Other appropriate qualificationsbased selection factors.
17
(16) The RFQ shall not include any pricerelated factors. The scoring
18
weight for designer qualification shall be no less than thirtyfive percent
19
(35%) of the total score. The department shall develop a shortlist of the
20
most qualified designbuild firms from the proposals submitted in response
21
to the request for qualifications. If only a single designbuild firm
22
responds to the RFQ or remains on the shortlist, the department may issue a
23
new RFQ or cancel the solicitation.
24
(17) The department shall provide to each designbuild firm that
25
submitted qualifications the summary of scores of all proposers and the
26
designbuild firms’ evaluation worksheets within three (3) business
27
days following notification of the shortlist. The confidentiality of
28
the evaluation committee members and other designbuild firms shall be
29
maintained.
30
(18) Designbuild firms that submit qualifications and that do not
31
qualify for the shortlist generated by the department may challenge the
32
department’s determination in accordance with the procedures outlined in
33
34
within seven (7) calendar days of the date the department transmitted the
35
evaluation scores and worksheets.
36
(19) The department shall prepare a request for proposals (RFP) for each
37
designbuild contract. The RFP shall address the base technical concept for
38
the designbuild contract.
39
(20) The RFP shall define the base technical concept, the mandatory
40
project scope elements, deliverables and the project schedule including,
41
but not limited to:
42
(a) Performance and technical requirements;
43
(b) Conceptual design;
44
(c) Specifications;
45
(d) Functional and operational elements for the delivery of the
46
completed project;
47
(e) Description of the selection and award criteria, including the
48
weight or relative order, or both, of each criterion;
49
(f) Copies of the contract documents the selected bidder will be
50
expected to sign;
15
1
(g) Maximum time allowed for project design and construction;
2
(h) Estimated cost of design and construction or fixed price;
3
(i) A requirement that all proposals be submitted to the department in
4
two (2) parts:
5
1. A technical proposal; and
6
2. A price proposal;
7
(j) A requirement that all proposals be submitted in a separately
8
sealed, clearly identified package that includes the date and time of
9
the submittal deadline;
10
(k) A requirement that the technical proposal include a critical
11
path method and bar schedule of the work to be performed, or similar
12
schematic, design plans and specifications, technical reports,
13
calculations, permit requirements, applicable development fees,
14
designer qualifications as they relate to the technical proposal and
15
other data requested in the request for proposals;
16
(l) A requirement that the price proposal contain all design,
17
construction, engineering, quality control and assurance, and
18
construction costs of the proposed project;
19
(m) The terms and conditions for stipends, including waiving of the
20
stipend, and when the stipend shall be paid;
21
(n) The date, time and location of the public opening of the sealed
22
price proposals;
23
(o) The basis for designbuild firm selection and contract award;
24
(p) When applicable, the alternate technical concept deadline; and
25
(q) Other information relevant to the project.
26
(21) The RFP selection and award criteria shall include price, shall
27
include the designbuild firm’s design and construction qualifications,
28
and may include time of completion, innovation, design and construction
29
quality and other technical or quality related criteria. The qualification
30
31
obtaining certain consultant services is not applicable. When applicable,
32
the percent weighting of the technical proposal score that is assigned to
33
the designer qualifications shall be based on the project’s level of design
34
completeness prior to the RFP and the opportunity for design innovation and
35
alternatives.
36
(22) As part of the RFP, and when available, the department shall make
37
available any project specific documentation, drawings, files, reports and
38
other pertinent materials that would be of use to the eligible designbuild
39
firms.
40
(23) The RFP shall address and identify contract provisions including,
41
but not limited to:
42
(a) Allocation of known risks according to the type and location of the
43
project, and the following risk factors shall be considered:
44
(i) Governmental risks;
45
(ii) Regulatory compliance risks;
46
(iii) Construction phase risks;
47
(iv) Postconstruction risks; and
48
(v) Rightofway risks;
49
(b) Payment and performance bonds;
50
(c) Proposal guaranty;
16
1
(d) General and professional liability insurance;
2
(e) Meetings regarding the preconstruction services;
3
(f) The department’s standards, rules, guidelines, and special
4
provisions requirements;
5
(g) Environmental regulatory requirements, including whether the
6
department or the designbuild firm will acquire any or all of the
7
permits required for construction;
8
(h) Design and construction requirements, including specifications;
9
(i) The final documents to be provided by the designbuild firm
10
upon completion of the project, which may include "as built" plans,
11
engineering reports, shop drawings, test results, documentation, daily
12
reports and item quantities;
13
(j) The date for submittal of the technical and price proposals; and
14
(k) The date for opening the sealed price proposals.
15
(24) The RFP may allow designbuild firms to submit one (1) or more
16
alternate technical concepts (ATCs).
17
(a) ATCs will only be considered if they are determined by the
18
department at its sole discretion to be equal to or better than the base
19
technical concept. Typically, ATCs will improve project quality and/or
20
reduce project costs. The department may allow preapproved ATCs as part
21
of the designbuild firm’s proposal.
22
(b) A proposed ATC is not acceptable if it merely seeks to reduce
23
quantities, performance or reliability, or seeks a relaxation of the
24
contract requirements. ATCs shall be submitted by the designbuild
25
firm by the date specified within the RFP and preapproved in writing
26
by the department prior to the proposal submittal date. All technical
27
proposals must include the department’s preapproval letters for
28
consideration of the ATCs.
29
(c) A designbuild firm may incorporate one (1) or more preapproved
30
ATCs into its technical and price proposal. Each designbuild firm
31
shall submit only one (1) proposal.
32
(d) The price proposal shall reflect any incorporated ATCs. Except for
33
incorporating approved ATCs, the proposal may not otherwise contain
34
exceptions to or deviations from the requirements of the RFP.
35
(e) The RFP will not distinguish between proposals that do not include
36
any ATCs and proposals that include ATCs. Both types of proposals shall
37
be evaluated against the same technical criteria, and a best value
38
determination shall be made in the same manner.
39
(f) An approved ATC that is incorporated into a designbuild firm’s
40
proposal will become part of the designbuild contract upon award of the
41
designbuild contract to that designbuild firm.
42
(g) ATCs properly submitted by a designbuild firm and all subsequent
43
communications regarding its ATCs shall be considered confidential
44
prior to the award of the designbuild contract.
45
(25) Prior to proposal submittal, the department shall offer
46
designbuild firms equal opportunity to participate in oneonone meetings
47
with the department regarding their proposals if the department determines
48
that such discussions are needed. The department shall disclose to all
49
designbuild firms issues impacting the scope of work or base technical
50
concept that are relevant to the RFP. The department shall not disclose
17
1
information pertaining to an individual designbuild firm’s ATCs or
2
confidential business strategies.
3
(26) The technical proposal and price proposal shall be submitted
4
concurrently. The technical proposal and price proposal shall be submitted
5
to the department in separate sealed envelopes marked in strict accordance
6
with the requirements and timeline contained in the RFP, or as it may be
7
amended.
8
(27) After proposals are submitted, and prior to opening the price
9
proposals, the evaluation committee shall open, review and score or
10
otherwise evaluate the technical proposals and any other required technical
11
information in accordance with the evaluation criteria established in the
12
RFP.
13
(28) After proposals are submitted, and prior to opening the sealed
14
price proposals, the department may hold discussions with designbuild
15
firms during the technical proposal evaluations. Discussions shall be held
16
with all designbuild firms that submitted proposals. The department shall
17
disclose to all designbuild firms issues impacting the scope of work or base
18
technical concept that are relevant to the RFP. The department shall not
19
disclose information pertaining to a designbuild firm’s proposal, ATCs or
20
other technical concepts. The department may issue a revised RFP that may
21
or may not include changes in the scope, contract requirements or stipend
22
amount. All designbuild firms shall be given an opportunity to submit
23
revised technical and price proposals that may result from the discussions.
24
(29) Sealed price proposals shall be kept in a secure location until
25
read publicly. When applicable, the technical scores and best values shall
26
be read publicly at the same time.
27
(30) If an RFP includes a time factor with the selection criteria, the
28
department shall adjust the price using a department established value of
29
the time factor. The department established value of the time factor shall
30
be expressed as a value per day. The total time value shall be the total
31
number of days to complete the project multiplied by the time factor. The
32
timeadjusted price is the total time value plus the total price proposal
33
amount.
34
(31) The basis for designbuild firm selection and contract award shall
35
be as follows:
36
(a) Best Value Method: Each proposal’s price proposal, time adjusted,
37
if applicable, is divided by the technical proposal score to obtain
38
a total score. The department shall award the contract to the
39
designbuild firm whose total score is lowest.
40
(b) Fixed Price – Best Design Method: The department shall award the
41
contract to the designbuild form whose technical proposal score is
42
highest.
43
(c) Lowest Price – Technically Acceptable Method: The department
44
shall award the contract to the designbuild firm who meets the minimum
45
technical and designer qualifications requirements identified in the
46
RFP and whose price proposal is lowest.
47
(32) Proposals that are not responsive to the RFP may be excluded from
48
consideration. The criteria used for determining whether a proposal is not
49
responsive shall be defined in the RFP. Designbuild firms whose proposals
50
are excluded from consideration are not eligible for payment of a stipend.
18
1
(33) At the discretion of the department, a stipend may be paid
2
to eligible designbuild firms who submit responsive but unsuccessful
3
proposals in response to the RFP. The decision to do so shall be based upon
4
the department’s analysis of the estimated proposal development costs,
5
the complexity of the project and the anticipated degree of competition
6
7
fortyfive (45) calendar days after award of a contract or the decision not
8
to award a contract.
9
(34) If a stipend is provided to an unsuccessful designbuild firm, the
10
work produced within that designbuild firm’s proposal for the project shall
11
be provided to the department for its use in connection with the contract
12
13
without any additional compensation to the unsuccessful designbuild firm.
14
(35) In consideration for paying the stipend, the department may
15
use any ideas or information contained in the submitted proposals with no
16
obligation to pay any additional compensation to the unsuccessful bidders.
17
(36) The department may either:
18
(a) Reject all proposals;
19
(b) Award a designbuild contract to the designbuild firm; or
20
(c) Award to the next ranked designbuild firm, if the selected
21
designbuild firm declines the award and forfeits the proposal
22
guaranty.
23
(37) The department is not required to award a contract. If the
24
department does award a contract, a contract shall be executed and a notice
25
to proceed shall be given to the successful designbuild firm.
26
(38) When applicable, the department shall provide to each
27
designbuild firm that submitted proposals the summary of scores of
28
all proposers and the designbuild firms’ evaluation worksheets within
29
three (3) business days following notification of intent to award. The
30
confidentiality of the evaluation committee members and other designbuild
31
firms shall be maintained.
32
(39) Designbuild firms that submit proposals and are not selected for
33
the award of the contract may challenge the department’s determination in
34
35
challenge must be filed with the department within seven (7) calendar days of
36
the date the department transmitted the evaluation scores and worksheets.
37
38
hereby amended by the addition thereto of a NEW SECTION, to be known and
39
40
40905. CONTRACTS CONSTRUCTION MANAGER/GENERAL CONTRACTOR. (1)
41
The preferred contracting method of the department shall be as described
42
43
manager/general contractor (CM/GC) firms and award contracts for highway
44
projects as provided herein. CM/GC highway projects shall be of appropriate
45
size and scope to encourage maximum competition and participation by
46
qualified firms. CM/GC procedures may be used for a specific highway project
47
only after the board determines that awarding a CM/GC contract will serve
48
the public interest and is superior to that described in section 40902,
19
1
2
determining when to use CM/GC contract procedures:
3
(a) Project suitability for CM/GC contracting regarding time
4
constraints, costs and quality factors;
5
(b) The availability, capability and experience of potential CM/GC
6
firms;
7
(c) The department’s ability to manage CM/GC projects, including
8
employing experienced personnel or outside consultants; and
9
(d) Other criteria the department deems relevant and states in writing
10
in its determination to use CM/GC contract procedures.
11
(2) No more than twenty percent (20%) of the department’s annual
12
highway construction budget for the state transportation improvement
13
program shall be used for designbuild and CM/GC contracts combined.
14
(3) No less than thirty percent (30%) of any CM/GC contract awarded
15
shall be selfperformed by the CM/GC firm awarded such contract.
16
17
have responsible charge of preparing the request for proposals (RFP).
18
19
professional engineer shall not be affiliated with any CM/GC firm submitting
20
proposals on the project.
21
(5) Any CM/CG firm shall comply with all applicable requirements of
22
23
24
(6) For each proposed CM/GC project, the department shall designate an
25
evaluation committee. The members of the evaluation committee shall include
26
at least five (5) members who are qualified by education and experience. To
27
assist in the evaluation process, the evaluation committee may retain the
28
services of nonvoting members.
29
(7) After award of the contract, and upon written request, all
30
unsuccessful CM/GC firms shall be afforded the opportunity for a debriefing.
31
Debriefings shall be provided at the earliest feasible time after a CM/GC
32
firm has been selected for award. The debriefing shall:
33
(a) Be limited to discussion of the unsuccessful CM/GC firm’s proposal
34
and shall not include specific discussion of a competing proposal;
35
(b) Provide information on areas in which the unsuccessful CM/GC firm’s
36
proposal had weaknesses or deficiencies; and
37
(c) Maintain the confidentiality of the evaluation committee members
38
and the other CM/GC firms shall be maintained.
39
(8) Contracts for the services of a CM/GC shall be awarded through
40
a competitive process requiring the public solicitation of requests for
41
proposals for CM/GC services. The request for proposals shall include price
42
components and meeting requirements as stated in the request for proposals.
43
(9) The department shall advertise requests for proposals in
44
45
Code.
46
(10) The RFP shall address potential organizational conflicts of
47
interest.
48
(a) No person or business entity that assisted the department in
49
preparing the solicitation documents will be allowed to participate
50
as a CM/GC firm or as a member of the CM/GC firm’s team; however, the
20
1
department may determine that there is not an organizational conflict
2
of interest where:
3
(i) The role of the person or business entity was limited to
4
provision of preliminary design, reports or similar "lowlevel"
5
documents that may be incorporated into the solicitation but did
6
not include assistance in the development of instructions to CM/GC
7
firms or evaluation criteria; or
8
(ii) Where all documents and reports delivered to the department
9
by the person or business entity are made available to all
10
potential CM/GC firms.
11
(b) The CM/GC firm shall disclose all relevant facts concerning any
12
past, present or currently planned interests that may present an
13
organizational conflict of interest.
14
(c) If at any time during the selection process or during the contract
15
period a previously undetermined organizational conflict of interest
16
arises, the CM/GC firm must disclose that information as soon as
17
discovered and mitigate or eliminate the conflict.
18
(11) At a minimum, the request for proposals shall include:
19
(a) A description of the project, including programmatic, performance,
20
and technical requirements and specifications when available;
21
(b) A description of the qualifications to be required of the firm;
22
(c) A description of the requirements of key personnel;
23
(d) A description of the process the department will use to evaluate
24
qualifications and proposals, including evaluation and scoring
25
criteria;
26
(e) Schedule of items for which the CM/GC firm shall submit unit prices;
27
(f) A requirement that the CM/GC firm describe its approach to pricing;
28
and
29
(g) The form of the contract, including any contract for
30
preconstruction services, to be awarded.
31
(12) Evaluation factors for selection of the CM/GC shall include, but
32
not be limited to:
33
(a) Ability of the firm’s key personnel;
34
(b) Financial, labor and equipment resources available for the
35
project;
36
(c) Ability of the firm to meet time and budget requirements;
37
(d) Scope of work the firm proposes to selfperform and its ability to
38
perform that work;
39
(e) The firm’s approach to working collaboratively with the
40
department, and the department’s consultant(s) when applicable, and to
41
executing the project;
42
(f) Construction experience in similar projects;
43
(g) Submitted unit prices;
44
(h) Approach to pricing; and
45
(i) Organizational conflicts of interest.
46
(13) The basis for selection shall be stated in the request for
47
proposal. Selection shall be based on the responsible proposer whose
48
proposal is evaluated as providing the best value to the department.
49
(14) The contract shall be awarded in two (2) phases. The first
50
is for services during the design phase that may include lifecycle
21
1
cost considerations, scheduling, cost estimating, constructability,
2
alternative construction options for cost savings, and sequencing of work.
3
The second phase is for construction services. The second phase will be
4
awarded after the plans have been sufficiently developed and a guaranteed
5
maximum price for construction services has been successfully negotiated.
6
Incremental construction phases may be awarded after guaranteed maximum
7
prices are negotiated for each phase.
8
(a) For the first phase, the department may either:
9
(i) Reject all proposals;
10
(ii) Award a contract to the best evaluated CM/GC firm; or
11
(iii) Award to the next best evaluated CM/GC firm if the best
12
evaluated CM/GC firm is determined to be nonresponsive, declines
13
the award and forfeits the proposal guaranty or the parties are
14
unable to reach a mutually acceptable contract.
15
(b) For the second phase, the department may either:
16
(i) Award a construction contract or incremental construction
17
contracts upon successful negotiations of a guaranteed maximum
18
price; or
19
(ii) Advertise, bid and award in accordance with section 40902,
20
21
(15) The CM/GC shall provide performance and payment bonds during
22
construction phases.
23
(16) The department is not required to award a contract. If awarded,
24
however, a contract shall be executed and notice given to proceed with the
25
work.
26
(17) The department shall provide to each CM/GC firm that submitted
27
proposals the summary of scores of all proposers and the CM/GC firms’
28
evaluation worksheets within three (3) business days following notification
29
of intent to award. The confidentiality of the evaluation committee members
30
and other CM/GC firms shall be maintained.
31
(18) CM/GC firms that submit proposals and are not selected for the
32
award of the contract may challenge the department’s determination in
33
34
challenge must be filed with the department within seven (7) calendar days
35
following the date the department transmitted the evaluation scores and
36
worksheets.
37
SECTION 16. An emergency existing therefor, which emergency is hereby
38
declared to exist, this act shall be in full force and effect on and after its
39
passage and approval.