Section 2 AAC 12.935 - Design-builders(a) A design-builder must have a valid business license issued under AS 43.70 and 12 AAC 12, and must be (1) registered as a general contractor in accordance with AS 08.18 and 12 AAC 21; or(2) licensed as an architect or engineer in accordance with AS 08.48 and 12 AAC 36.(b) A design-builder may provide professional or construction services that the design-builder is not itself licensed or registered to provide, if those services are assigned or subcontracted to a person that(1) is a member of the design-build team;(2) has a valid business license issued under AS 43.70 and 12 AAC 12; and(3) is registered or licensed to provide the services in accordance with AS 08.18 and 12 AAC 21, or with AS 08.48 and 12 AAC 36, as applicable.(c) The agency shall evaluate a design-builder for at least the following qualification factors:(2) financial strength and capabilities;(3) experience and technical expertise with projects of similar size and scope;(5) qualifications and experience of key management and professional staff who will be assigned to the project;(6) the capacity to accomplish work in the required time; as part of the evaluation, the agency shall consider, and the design-builder must disclose, the design-builder's present workload;(7) quality control and quality assurance policies and programs;(8) the design-builder's safety record, to include safety and drug-testing policies and programs;(9) equipment, including technical resources and information technology;(10) a subcontracting plan, including the qualifications and capabilities of any subcontractor required to be identified by the request for proposals.(d) When evaluating a design-builder, the agency shall act in accordance with AS 36.30.250(b).(e) The agency shall preclude or disqualify a design-builder or member of the design-build team from participation in a design-build construction contract if the procurement officer determines that the design-builder or design-build team member has an unfair competitive advantage or a conflict of interest.(f) A consultant or subconsultant to the agency may not be allowed to participate in a project in other than a consultant or subconsultant capacity unless the procurement officer determines that(1) the role of the consultant or subconsultant(A) was limited to provision of preliminary design, reports, or similar low-level documents that will be incorporated in to the request for proposals; and(B) did not include assistance in the development of instructions to offerors, qualification factors, performance criteria, or other evaluation criteria; or(2) each document or report that the consultant or subconsultant delivered to the agency is made available to all offerors.(g) With or without a request from the agency, a design-builder, or a member of the design-build team, must promptly disclose to the agency, in writing, any factor that may provide an unfair competitive advantage or potential or actual conflict of interest for the design-builder or design-build team member.(h) Nothing in 2 AAC 12.931 - 2 AAC 12.949 limits or eliminates any responsibility or liability that a professional on a design-build construction contract owes to the agency or to a third party.Eff. 8/21/2005, Register 175Authority:AS 36.30.040
AS 36.30.200