Design-Bid-Build

Design-Bid-Build A. Design-Bid-Build [$75,000 or more]. Design-bid-build is the traditional method of procurement used for construction contracts of $75,000 or more unless specifically approved or statutorily permitted otherwise. This method of procurement is characterized by Professional selection, a structured process of design producing a set of bidding documents, an open competitive bidding phase, and award of a contract to the responsive and responsible Contractor offering the lowest and best cost for the work. B. For design-bid-build solicitations, the UA must publish concurrent newspaper and Mississippi Procurement Technical Assistance Program [MPTAP] portal postings in compliance with the requirements set forth in MISS. CODE ANN. § 31-7-13(c)(3). Solicitations must include instructions to bidders, submission requirements, date and time for submission, addenda procedures, disqualification parameters, requirements for responsiveness and responsibility, basis of award including how alternates are handled, bid security requirements, and the Owner’s right to reject all bids submitted. The UA must include the contract form to be used including all terms and conditions which shall not be subject to negotiation. C. Contractors may be disqualified for the following reasons: 1. Failure to comply with the bid requirements. 2. Bidder is in arrears on payments to sub-Contractors or material suppliers on existing contract with the UA, or in the case of the BOB, is in arrears on such payments on any existing contract with any agency, institution, university or college for which the BOB administers contracts. 3. Bidder is involved in an ongoing dispute related to the Bidder’s execution, workmanship, or timely performance of an existing contract with the UA, or in the case of the BOB is in such dispute on any existing contract with any agency, institution, university or college for which the BOB administers contracts. 4. Bidder is projected to be sixty [60] days or more beyond contract time on an existing contract with the UA or is projected to be sixty [60] days or more beyond contract time on any existing contract with any agency, institution, university or college for which the BOB administers contracts. 5. Bidder has defaulted or has been terminated for cause on a previous Contract with the UA, or in the case of the BOB, has defaulted or has been terminated on a previous contract with any agency, institution, university or college for which the BOB administers contracts. D. For all construction contracts exceeding $100,000 for any public work involving the practice of engineering or architecture, all specifications and estimates must be prepared and supervised by a registered Professional engineer or architect. E. Selection shall be made from the lowest and best bidder. If the UA accepts a bid other than the lowest bid submitted, the UA shall place on its minutes detailed calculations and a narrative summary showing that the accepted bid was the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No UA shall accept a bid based upon items not included in the specifications. F. Where renovation, restoration, or both, of the State Capitol Building or any other historical building designated for at least five [5] years as a Mississippi Landmark by the Board of Trustees of the Department of Archives and History under the authority of MISS. CODE ANN. § 39-7-7 and § 39-7-11, or for any other construction procurement with a minimum construction cost of $10,000,000 and where the UA has determined that prequalification of bidders is in the best interest of the state, purchases may be made from the lowest and best prequalified bidder in compliance with MISS. CODE ANN. § 31-7-13(d)(iii). Agencies must select construction Contractors in the following manner: 1. The Request for Prequalification of Contractors shall be solicited as above. 2. The RFPC shall identify submission requirements, date and time for submission, the minimum number [in no case less than two] and maximum number of Contractors to be prequalified, the minimum requirements for a Contractor to be considered, the criteria and scoring for selection such that responding Contractors can understand the relative importance of each, the project scope and all other requirements to be considered. 3. Interviews are not required, but if it is the intent of the UA to conduct, the RFPC shall indicate and identify the anticipated time for such interviews to be held. 4. Prequalification criteria shall be limited to the Contractor’s and their proposed key sub- Contractors' knowledge and experience of projects of similar size and scope, past performance, project management teams and financial stability. 5. Once Contractors are prequalified for a procurement, they may obtain pricing from any sub-Contractor that was included in the submission of any prequalified Contractor. 6. Preselection must be completed not less than fifteen [15] working days before the prequalified Contractors are invited to submit bids. 7. Where bids from prequalified Contractors exceed the funds initially allocated to the project, documents may be revised and re-bid by the prequalified Contractors without further advertisement.