12 MAC Pt. 13, R. 3.5
Design-Build
Cite as 12 Miss. Admin. Code Pt. 13, R. 3.5
Design-Build. Design-build combines design and construction services into a single
contract with one Contractor to satisfactorily perform both design using an independent
Professional licensed in Mississippi and construction of the project for which the contract is
awarded. This type of contract involves retention of Professional services by the Contractor when:
A. The DFA has determined through a detailed explanation that use of the design-build
method satisfies the public interest better than use of the traditional design bid-build
method; or
B. When the legislature has specifically required or authorized use of the design-build
method in the legislation authorizing the project.
C. When using the design-build method, a fixed firm price or guaranteed maximum price
must be adopted. Prior to solicitation of proposals, the UA shall develop a scope of work
statement in compliance with MISS. CODE ANN. § 31-7-13.1 that provides prospective
offerors with sufficient information regarding the requirements of the UA. At minimum,
the scope of work statement must include the following information: Location and nature
of proposed site[s] that include preliminary geotechnical information from borings as well
as survey drawings that show topography, adjacent buildings and utilities; any mandatory
requirements such as minimum number and types of spaces, any minimum or maximum
building area[s] or height[s], applicable energy codes and/or efficiency targets, applicable
zoning regulations and any aesthetic or character defining standards; any mandatory
material and/or system performance requirements and/or specifications; and general
budget parameters, schedule or delivery requirements, relevant criteria for evaluation of
proposals, and any other information necessary to enable the design-builders to submit
proposals that meet the needs of the UA.
D. Publication of solicitations and bidding for a design-build project shall be made in
accordance with the requirements set forth in MISS. CODE ANN. § 31-7-13.1 and the UA
shall accept initial proposals only from entities able to provide an experienced and
qualified design-build team that includes, at minimum, a Professional firm licensed and
registered in Mississippi and a Contractor licensed and domiciled in Mississippi for the
type of work required.
E. The RFP must describe the minimum requirements to be considered, the criteria for
selection, the scope of work and all other requirements, including but not limited to: (1)
State whether a short-list of responders or the best and final responder will be chosen and
the criteria for same; (2) Requires identification of key Consultants/sub-contractors; and
(3) Identify the form of the contract to be used including those terms and conditions which
are not subject to negotiation. If the UA provides pre-selection conferences or allows
responders to ask questions or otherwise communicate with responders, the UA must share
all such responses, information and opportunities equally with each responder.
F. Proposals that include criteria other than cost only shall be evaluated by an evaluation
committee of not less than three individuals as established by the UA. Selection criteria
is limited to the following: (1) the bidder’s knowledge and experience in executing
projects of similar size and complexity; (2) the experience and qualifications of the
proposed office and construction management personnel; (3) the experience and
qualifications of the sub-contractors proposed; (4) the experience and qualifications of the
architect or engineer and Consultants; (5) the schedule control; and (6) cost factors. Cost
as an evaluation factor shall be given the highest criteria weighting and at least thirty-five
percent [35%] out of the one hundred percent [100%] total weight of all other evaluation
factors.
G. If the UA accepts a proposal other than the proposal submitted for lowest costs, the UA
shall enter in its minutes a detailed calculation and narrative summary showing why the
accepted proposal was determined to provide the best value and specific justification for
the award. A UA may not award a stipulated fee to an offeror for preparation costs to
submit a response to the request for proposals.
H. All facilities designed and constructed through the design-build method shall comply with
standards equal to or exceeding the minimum building code standards set forth in MISS.
CODE ANN. § 31-11-33 and all Contractors and private entities must comply with all
applicable laws, codes and other legal requirements pertaining to the project.