2012 Idaho Statutes
Title 40 - HIGHWAYS AND BRIDGES
Chapter 9 - CONTRACTS -- BIDS
Section 40-905 - CONTRACTS -- CONSTRUCTION MANAGER/GENERAL CONTRACTOR.
(2) No more than twenty percent (20%) of the department’s annual highway construction budget for the state transportation improvement program shall be used for design-build and CM/GC contracts combined.
(3) No less than thirty percent (30%) of any CM/GC contract awarded shall be self-performed by the CM/GC firm awarded such contract.
(4) A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for proposals (RFP). Responsible charge shall be as defined in section 54-1202, Idaho Code. The professional engineer shall not be affiliated with any CM/GC firm submitting proposals on the project.
(5) Any CM/CG firm shall comply with all applicable requirements of chapter 19, title 54, Idaho Code. The requirements of chapter 45, title 54, Idaho Code, do not apply.
(6) For each proposed CM/GC project, the department shall designate an evaluation committee. The members of the evaluation committee shall include at least five (5) members who are qualified by education and experience. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members.
(7) After award of the contract, and upon written request, all unsuccessful CM/GC firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a CM/GC firm has been selected for award. The debriefing shall:
(8) Contracts for the services of a CM/GC shall be awarded through a competitive process requiring the public solicitation of requests for proposals for CM/GC services. The request for proposals shall include price components and meeting requirements as stated in the request for proposals.
(9) The department shall advertise requests for proposals in accordance with the procedures outlined in section 40-902(1), Idaho Code.
(10) The RFP shall address potential organizational conflicts of interest.
(11) At a minimum, the request for proposals shall include:
(12) Evaluation factors for selection of the CM/GC shall include, but not be limited to:
(13) The basis for selection shall be stated in the request for proposal. Selection shall be based on the responsible proposer whose proposal is evaluated as providing the best value to the department.
(14) The contract shall be awarded in two (2) phases. The first is for services during the design phase that may include life-cycle cost considerations, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work. The second phase is for construction services. The second phase will be awarded after the plans have been sufficiently developed and a guaranteed maximum price for construction services has been successfully negotiated. Incremental construction phases may be awarded after guaranteed maximum prices are negotiated for each phase.
(15) The CM/GC shall provide performance and payment bonds during construction phases.
(16) The department is not required to award a contract. If awarded, however, a contract shall be executed and notice given to proceed with the work.
(17) The department shall provide to each CM/GC firm that submitted proposals the summary of scores of all proposers and the CM/GC firms’ evaluation worksheets within three (3) business days following notification of intent to award. The confidentiality of the evaluation committee members and other CM/GC firms shall be maintained.
(18) CM/GC firms that submit proposals and are not selected for the award of the contract may challenge the department's determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days following the date the department transmitted the evaluation scores and worksheets.
History:
[40-905, added 2010, ch. 293, sec. 15, p. 791.]
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