27 CAR § 93-102. Definitions

As used in this part: (1) “Authorized entity” means a company, firm, partnership, corporation, association, joint venture, or other legal entity, including a combination of any of these entities, that has: (A) Submitted a statement of qualification (SOQ); and (B) Been selected to provide a response to the request for proposal (RFP); (2) “Best value (BV)” means the best adjusted price represented by the submitted design-build proposals, as determined by the Arkansas Department of Transportation, at the completion of the proposal evaluation period; (3) “Commission” means the State Highway Commission; (4) “Concession” means a lease, franchise, easement, permit, or other binding agreement transferring rights for the use or control of a transportation facility by the State Highway Commission to a private partner under this part; (5) “Department” means the Arkansas Department of Transportation; (6)(A) “Design-build” means a qualification-based project delivery method in which design, construction, and other related services are contracted to a single entity known as the design-builder through a design-build contract. (B) Design-build-finance has been recognized in Arkansas Code § 27-67-206 as a type of design-build that includes a financial services component and encompasses design-build-maintain, design-build-operate, and other contracts that include financial services in addition to design and construction, including project financing, at-risk equity investment, operations, and/or maintenance of the project; (7)(A) “Design-build contract” means an agreement that provides for design and construction of improvements by a contractor or developer. (B) The term refers to the entirety of the agreement between the Arkansas Department of Transportation and the design-builder to deliver the project, including the signed and executed agreement, all exhibits, appendices, completed forms, and general and technical provisions, along with the design-build proposal provided by the design-builder prior to selection which cumulatively represent the complete agreement between the parties. (C) Concession agreements are included in the term if it provides for a concessionaire to develop the project which is the subject of the agreement; (8)(A) “Design-builder” means the short-list proposer selected at the completion of the RFP phase of the procurement process which will be offered the opportunity to enter into the design-build contract with the Arkansas Department of Transportation for the project. (B) The design-builder may be comprised of any company, firm, partnership, corporation, association, joint venture, or other legal entity as appropriate, pursuant to the laws of the State of Arkansas; (9) “Design-build proposal” means the document submitted by the proposer to the Arkansas Department of Transportation in response to the RFP; (10)(A) “Proposer” refers to an organization that completes all the requirements of the request for qualifications (RFQ) and submits a statement of qualifications (SOQ) to the Arkansas Department of Transportation in response to the request for qualifications. (B) The proposer may consist of a single firm but normally consists of a collection of firms which have organized together to pursue the project; (11)(A) “Request for proposals (RFP)” means the document issued by the owner in Phase I of the two-phased qualifications-based selection process. (B) It forms the basis for the design-build proposal and may potentially become an element in the contract; (12)(A) “Request for qualifications (RFQ)” means the document issued by the owner in Phase I of the two-phased qualifications-based selection process. (B) It typically describes the project in enough detail to let potential offerors determine if they wish to compete and forms the basis for requesting qualifications submissions from which the most highly qualified offerors can be identified; (13)(A) “Short-list proposer” means a proposer who has been selected at the end of the statement of qualifications evaluation process as among the most highly qualified respondents to the RFQ. (B) A short-list proposer will subsequently be invited to submit a design-build proposal in response to the RFP released by the Arkansas Department of Transportation; (14) “Solicitation” means a public notification of an owner's need for information, qualifications, or proposals related to identified services; (15) “State highway revenues” means highway revenues as defined under Arkansas Code § 27-70-202; and (16)(A) “Statement of qualification (SOQ)” means the document or documents prepared by the proposer and submitted to the Arkansas Department of Transportation in response to the request for qualifications. (B) It provides the proposer qualifications and experience relative to performing the project work as presented in the request for qualifications.