Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R916. Transportation, Operations, Construction.
Rule R916-3. Design-Build Contracts.
As in effect on August 1, 2019
Table of Contents
- R916-3-1. Purpose.
- R916-3-2. Authority.
- R916-3-3. Policy.
- R916-3-4. Pre-qualification.
- R916-3-5. Preparation of Specifications.
- R916-3-6. Request for Proposals (RFP).
- R916-3-7. Evaluation of Proposals and Discussions with Proposers.
- R916-3-8. Acceptable Bid Security; Performance and Payment Bonds.
- R916-3-9. Required Contract Clauses.
- R916-3-10. Award and Contract.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
(1) This rule is to provide guidance under which the Utah Department of Transportation (UDOT) may use the Design-Build approach to contracting pursuant to Section 63G-6a-1402(3)(a). Design-Build seeks to provide a project delivery method which may result in: a savings of time, cost, and administrative burden; improved quality expectations as to the end product, schedule, and budget; and risk management savings due to lack of duplication of expenses and improved coordination of efforts.
(1) The provisions of this rule are authorized by the following grants of rulemaking authority and provisions of Utah Code: Subsection 63G-6a-1402(3)(a), Title 63G, Chapter 3; and Sections 72-1-201 and 72-2-206 of the Utah Transportation Code.
(1) UDOT may use, where determined appropriate by the Executive Director, or designee, the Design-Build method of project delivery. When Design-Build is used, UDOT shall enter into a contract with a single entity to provide both engineering/design services, construction services, and/or maintenance services pursuant to a UDOT provided scope of work statement. Design-Build is not recommended for every project. The use of the Design-Build method may be determined by the individual needs and merits of the project.
(1) UDOT may issue a Request for Qualifications (RFQ,) soliciting qualification statements from contractors wishing to submit proposals on a UDOT Design-Build project. The RFQ shall state the minimum and maximum number of highly qualified proposers that will be invited to submit final proposals.
(2) Pre-qualification shall be based on an evaluation of the criteria set forth in the RFQ, including construction experience; design experience; technical competence; capability to perform, including financial, manpower and equipment resources; experience in other Design-Build projects; and past performance.
(3) The field of competing proposers shall be narrowed to the most qualified proposers, not to exceed the number designated in the RFQ. Failure to achieve at least two qualified proposers shall necessitate re-soliciting the project.
(1) UDOT may use any method of specifying construction items the Executive Director determines to be in the best interest of UDOT. Engineering firms who participate in the preparation of specifications or other information used in a procurement may not participate as proposers on such projects if a conflict of interest exists as determined by UDOT.
(1) Pre-qualified proposers shall be invited to submit proposals on designated Design-Build project pursuant to an RFP. UDOT may elect to ask for initial proposals followed by discussions and may request best and final offers, or may elect to award the contract without discussions or requesting best and final offers. The RFP may ask for proposals based on a predetermined sum.
(2) UDOT may award a predetermined fee to the proposers who submit responsive proposals but who are not selected for contract award. The amount of the fee (if any) shall be identified in the RFP.
(3) The RFP shall require separate technical and price proposals, meeting requirements as stated in the RFP. The RFP may require proposals to meet a mandatory technical level, and may include a provision for submitting alternative technical concepts.
(4) Technical solutions/design concepts contained in proposals shall be considered proprietary information unless a predetermined fee is accepted.
(1) UDOT shall evaluate the technical and price proposals separately, in accordance with the evaluation criteria set forth in the RFP.
(2) UDOT may offer the proposers the opportunity to participate in presentations and/or discussions regarding their proposals. Discussions, either oral or in writing, may be held with proposers for the purpose of clarification of the proposals and/or to identify deficiencies in initial proposals. If presentations or discussions are held with one proposer, they must be held with all pre-qualified proposers.
(3) If discussions are held, best and final offers will be requested. If best and final offers are requested they will be the basis for award and will be evaluated as stated in the RFP.
(4) UDOT may follow any of the criteria included in 23 CFR 636 Subpart E when conducting discussions with proposers, which is incorporated as part of this Rule R916-3-7.
(1) The Executive Director, or designee, shall have authority to waive the requirement to provide bid security, or may reduce the amount of such security, if he or she determines that the bid security otherwise required by Part 11 of the Utah Procurement Code to be unnecessary to protect the State.
(2) The Executive Director, or designee, shall have authority to reduce the amount of the payment and performance bonds below the 100% level required by Part 11 of the Utah Procurement Code if he or she determines that a 100% bond is unnecessary to protect the State.
(3) Bid security, payment bonds and performance bonds must be provided on the forms included in the RFP.
The Design-Build contract documents shall include the contract clauses set forth in Utah Administrative Code R23-1-60, subject to such modifications as the Executive Director deems advisable. Any modifications shall be supported by a written determination of the Executive Director that describes the circumstances justifying the variations, and notice of any material variation shall be included in the RFP.
(1) The basis for award shall be stated in the RFP. Award may be based on any of the following approaches, all of which shall be deemed to constitute award to the responsive and responsible offeror whose proposal is most advantageous to UDOT as such terms are used in Utah Code Section 63G-6a-1402:
(a) Award to the responsible proposer offering the lowest priced responsive proposal. If the RFP includes a mandatory technical level, no proposal shall be considered responsive unless it meets that level.
(b) Award to the responsible proposer whose proposal is evaluated as providing the best value to UDOT.
(c) If the RFP provides for a stipulated sum, award to the responsible proposer whose proposal is evaluated as providing the best value to UDOT.
(2) There is no requirement that a contract be awarded. Following award, a contract shall be executed and notice given to the successful Design-Build proposer to proceed with the work.
construction, contracts, highways
March 27, 2015
August 3, 2016
For questions regarding the content or application of rules under Title R916, please contact the promulgating agency (Transportation, Operations, Construction). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.