12 MAC Pt. 13, R. 3.5

Design-Build

Year: 2026Length: 687 wordsOfficial source

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.
12 MAC Pt. 13, R. 3.5: Design-Build | Justis AI