N.M. Admin. Code § 1.5.7.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 1.5.7.9 - SOLICITATION OF DESIGN AND BUILD PROJECT DELIVERY SYSTEMS

A. When a determination has been made by the state purchasing agent or a central purchasing office that it is appropriate to use a design and build project delivery system, the design and build team shall include, as needed, a New Mexico registered engineer or architect, and a contractor properly licensed in New Mexico for the type of work required.

B. For each proposed design and build project delivery system, the using agency shall utilize a two-phase request for proposal procedure for awarding design and build contracts. During phase one, and prior to solicitation, the following shall occur:

(1) procurement documents shall be prepared for a "request for qualifications based proposal" by an engineer or architect registered in New Mexico;

(2) such registered engineer or architect may be either an employee of the using agency or selected in accordance with Section 13-1-120 NMSA 1978 (the Procurement Code); and

(3) the documents shall include minimum qualifications, scope of work statement and schedule, documents defining the project requirements, evaluation criteria and a description of the selection process, the composition of the selection committee, and a description of the phase two requirements, program statements for the facility that describe space needs, design goals and specific objectives so that all responsive offers can be comparably evaluated and meet using agency needs; if the using agency desires, it may include complete programming and schematic design including recommended or required building systems, elevations, areas, floor plans and cross sections, all depicted in limited detail for further development by design and build team;

(4) the document shall also include a description of subsequent management to be provided to bring the project to completion proposed contractual terms and conditions, and a summary of proposed relationships between the design and build team and the owner's specified representatives; it is recommended that the agency retain a qualified professional, or use the services of a professional employed by the using agency to assist the agency in the oversight of the project from the preparation of the documents to completion;

(5) the request shall include all design factors the using agency considers necessary to describe the project and should include, as appropriate, the following:

(a) the legal description of the site;

(b) survey information, site data and subsoil investigation;

(c) interior space requirements;

(d) special material and quality standards;

(e) aesthetic considerations and compatibility with existing facilities;

(f) conceptual criteria for project;

(g) special equipment and system requirements;

(h) cost or budget estimates including available funding;

(i) time schedules;

(j) quality assurance and quality control requirements;

(k) site development requirements;

(l) special codes, regulations, ordinances, or statutes;

(m) provisions for availability, and responsibility for costs of utilities, parking and landscaping requirements;

(n) future expansion requirements;

(o) existing contracts, if any, to be utilized; and

(p) any other applicable requirements.

C. The entity shall evaluate the proposals and select a design and build team in two phases:

(1) In phase one, the agency shall evaluate each offeror's experience technical competence and capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm in response to the request for qualifications. Design and build qualifications of responding firms shall be evaluated and a maximum of five firms shall be short-listed in accordance with technical and qualification-based criteria. A mandatory pre-proposal conference shall be conducted to allow a short-listed offeror the opportunity to submit questions of clarification. The using agency should not use any submittal as the basis of retaining any design and build team other than the submitting design and build team.

(2) In phase two, the agency shall invite short-listed offerors to submit detailed specific technical concepts or solutions, costs and scheduling.

(a) Unsuccessful phase two offerors submitting a responsive proposal may be paid a stipend to cover proposal expenses. It is recommended that criteria be developed to determine whether a stipend will be provided to the short-listed firms. For the purposes of this section, a stipulated stipend means using funds, as determined by the using agency, to cover some expenses likely to be incurred by the short-listed firms.

(b) The agency shall evaluate the short listed offerors with selection criteria stated in the RFP including the weight given to each criteria. The selection criteria should include but are not limited to:

(i) phase one qualifications;

(ii) quality of proposed design, including required technical submittals;

(iii) quality of construction approach;

(iv) demonstrated response to program requirements;

(v) management plan for constructing the project; and

(vi) cost and schedule.

(c) Presentation requirements to properly judge the offers should be stated in the RFP and should include but are not limited to:

(i) the maximum number and size of drawings and/or technical submittals allowed;

(ii) whether models are allowed or not; and

(iii) types of media that can be used in the presentation.

(d) Upon completion of the evaluation process the selection shall be made and the contract awarded to the highest ranked offeror.

D. Once the proper determination is made in accordance with paragraph 8 [now 1.5.7.8 NMAC], and the evaluation and selection conducted in accordance with paragraph 9.3 [now Subsection C of 1.5.7.9 NMAC], the state purchasing agent or central purchasing office may award the contract regardless of whether the contract falls below, equals, or exceeds ten million dollars.

E. Except to the extent that this rule conflicts with the Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, this rule is governed by the Procurement Code and all applicable general services department (GSD) regulations.

N.M. Admin. Code § 1.5.7.9

4-15-98; Recompiled 11/30/01