Sec. 18.1-15. Design-build and construction management contracts.
(a) While competitive sealed bidding remains the preferred method of construction contracting, the city may enter into a contract for construction on a fixed price or not-to-exceed price design-build or construction management basis, in compliance with the requirements of this section once the city has obtained the approval of the Commonwealth of Virginia design-build/construction management review board (the review board) pursuant to section 2.2-2403.D.4 of the Code of Virginia (1950), as amended.
(b) Prior to making a determination as to the use of design-build or construction management for a specific construction project, the city shall employ or contract with a licensed architect or engineer with professional competence appropriate to the project to advise the city regarding the use of design-build or construction management for that project and to assist in the preparation of the request for qualifications and the request for proposals and the evaluation of such proposals.
(c) Prior to the issuance of an RFP, the city manager or procurement administrator shall:
(1) Determine in writing that a design-build or construction management contract is more advantageous for the construction project than competitive sealed bidding, that there is benefit to the city in using a design-build or construction management contract, and that competitive sealed bidding is not practical or fiscally advantageous; and
(2) Appoint an evaluation committee (committee) of not less than three (3) members, one (1) of whom shall be the architect or professional engineer employed by or under contract with the city.
(3) The procurement administrator shall issue a written RFP by posting both on a public bulletin board and the city’s website at least ten (10) days preceding the date set for the receipt of proposals. In addition, proposals may be solicited directly from potential offerors. The RFP shall:
a. define the pre-design, design phase, bid phase and/or construction phase services to be performed by the design-builder or construction manager;
b. include and define the requirements of the specific construction project in areas such as site plans, floor plans, exterior elevations, basic building envelope materials, fire protection information plans, structural, mechanical (HVAC) and electrical systems, and special telecommunications;
c. specify the criteria which will be used in evaluating the proposals;
d. contain or incorporate by reference the applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of offerors; and
e. include such other requirements as the city manager or procurement administrator deems appropriate for the construction project.
(4) The RFP shall request of offerors only such information as is appropriate for an objective evaluation of all offerors pursuant to the specified criteria. The procurement administrator shall receive and consider comments concerning specifications or other provisions in the RFP, prior to the time set for receipt of proposals.
(5) Each offeror shall submit a cost proposal and a technical proposal. Cost proposals shall be sealed separately from technical proposals. Cost proposals shall include a lump sum or guaranteed maximum price for all requested services. Upon receipt of an offeror’s technical and cost proposals, the offeror’s cost proposal shall be secured by the procurement administrator and kept sealed until evaluation of all technical proposals is completed.
(6) The evaluation committee shall evaluate each technical proposal and select two (2) or more offerors deemed to be fully qualified and best suited among those submitting proposals based on the criteria set forth in the RFP for further consideration. The evaluation committee shall hold discussions with each of the selected offerors exercising care to discuss the same owner information with each offeror. In addition, the committee shall not disclose any trade secret or proprietary information for which the offeror has invoked protection pursuant to section 2.2-4342 F of the Code of Virginia.
(7) Upon completion of the discussions, the committee shall determine whether any changes to the proposals should be requested to correct errors or omissions or to clarify ambiguities, or to incorporate project improvements or additional details identified by the committee during its review. Offerors may submit revised technical proposals, as well as sealed modifications to their cost proposals. The committee will complete its evaluations of the revised technical proposals. Following opening of the cost proposals, the committee shall make its recommendation to the procurement administrator based upon the criteria included in the RFP. Award shall be made to the fully qualified offeror determined to offer the best value in response to the RFP.
(8) Should the procurement administrator determine in writing that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified than the other offerors under consideration, a contract may be negotiated and awarded to that offeror.
(9) The city manager may promulgate such additional procedures, not inconsistent with the provisions of this section or the rules and regulations of the review board, and consistent with the procedures for the procurement of nonprofessional services through competitive negotiation, as deemed necessary and appropriate to effect the selection and evaluation of offerors and the award of design-build and construction management contracts. (Ord. of 6-12-07, No. O-07-088)
Last updated date: 8/28/2007 9:35:11 AM