Definitions

The following terms, as used in this chapter, shall have the following meanings unless the context thereof indicates to the contrary: (1) “Adjusted low bid” means a form of best value selection in which qualitative aspects are scored on a 0 to 100 scale expressed as a decimal; price is then divided by the qualitative score or calculated by a modified version of this formula as stated within the RFP to yield an “adjusted bid”. The best evaluated design-builder is the one with the lowest adjusted bid. (2) “Alternate technical concept (ATC)” means an alternative to the base technical concept which promotes innovation and is equal or better in quality or effect, as determined by the Department in its sole discretion, and which has successfully been used elsewhere under comparable circumstances. (3) “Base technical concept (BTC)” is the project information provided in the RFP upon which design-builders will develop their technical and price proposals, and such project information may include without limitation roadway alignment, preliminary designs, interchange configurations, etc. (4) “Best and final offer” is a change to a design-builder’s technical and/or price proposal made at the request of, or as allowed by, the Department within a best and final offer RFP after the solicitation closing date when all price proposals exceed an acceptable range of the Department’s estimate. (5) “Best and final offer RFP” is a revised RFP issued to all eligible design-builders that may make minor changes to the scope and/or contract requirements to allow design-builders to revise their technical and/or price proposals. PROCEDURES FOR THE SELECTION AND AWARD 1680-5-4 OF DESIGN-BUILD CONTRACTS (6) “Best value selection” means any selection process in which proposals contain both price and qualitative components and award is based upon a combination of price and qualitative considerations. (7) “CFR” means the Code of Federal Regulations. (8) “Commissioner” means the Commissioner of the Tennessee Department of Transportation. (9) “Department" means the Tennessee Department of Transportation. (10) “Design-build” means a project delivery method that combines all or some portions of the design and construction phases of a project – including without limitation design, right-of-way acquisition, regulatory permit approvals, utility relocation, and construction – into a single contract. (11) “Design-build contract” means an agreement that provides for the design and construction of a project – which without limitation may include design, right-of-way acquisition, regulatory permit approvals, utility relocation, and construction – into a single contract. (12) “Design-Build Review Committee (DBRC)” means the committee designated by the Department to review and evaluate statements of qualifications and/or technical and price proposals, as provided elsewhere in these rules, for the purpose of selecting a design-builder for a design-build contract. (13) “Design-builder” means any entity or joint venture contractually responsible for delivering the project design and construction, or, as the context may require, any entity or joint venture that responds to a Department solicitation for a design-build contract. (14) “Final design” means any design activities following preliminary design and expressly includes the preparation of final construction plans and detailed specifications for the performance of construction work. (15) “Fixed price/best design” means a variation of design-build using a best value selection process in which contract price is established by the Department and stated in the request for proposals document. Design solutions and other qualitative factors are evaluated and rated. The best evaluated design-builder is the one offering the best qualitative proposal for the established price. (16) “Lowest price-technically acceptable” means a type of modified design-build selection process in which the Department identifies evaluation factors that establish the minimum requirements of acceptability. Proposals are evaluated for acceptability based on qualitative factors (not cost or price) but are not ranked. The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for qualitative factors. Evaluated prices may include provisions such as cost-plus-time bidding, lane rental or other cost-based provisions. (17) “Modified design-build” means a variation of design-build in which the Department furnishes design-builders with partially complete plans. The design-builder’s role is generally limited to the completion of the design and construction of the project. (18) “NEPA” means the National Environmental Policy Act of 1969. PROCEDURES FOR THE SELECTION AND AWARD 1680-5-4 OF DESIGN-BUILD CONTRACTS (19) “Organizational conflict of interest” means that because of other activities or relationships with other persons or entities, a person or entity is unable or potentially unable to render impartial assistance or advice to the Department or the person’s or entity’s objectivity in performing the contract work is or might be otherwise impaired, or a person or entity has an unfair competitive advantage. (20) “Preliminary design” defines the general project location and design concepts. It includes, but is not limited to, preliminary engineering and other activities and analyses, such as environmental assessments, topographic surveys, metes and bounds surveys, geotechnical investigations, hydrologic analyses, hydraulic analyses, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, general estimates of the types and quantities of materials, and other work needed to establish parameters for the final design. (21) “Prequalification” means the Department’s process for determining whether a design- builder, or any member thereof, is fundamentally qualified to compete for a particular project or class of projects. The prequalification process is separate from short listing as elsewhere provided for in these rules. (22) “Price proposal” means the price submitted by a design-builder to provide the required design services and construction described in the RFP. (23) “Request for proposals (RFP)” means the document issued by the Department in a single-phase process or the second phase of a two-phase selection process that describes the procurement process, forms the basis for the design-builders’ proposals, and may potentially become an element of the design-build contract. (24) “Request for qualifications (RFQ)” means the document issued by the Department in the first phase of a two-phase selection process that describes the project in enough detail to let potential design-builders determine if they wish to compete and forms the basis for identifying (i.e., short listing) the most qualified design-builders. (25) “Short listing” or “short-listed” means the narrowing of the field of potential design- builders through the selection of the most qualified design-builders who have responded to an RFQ. (26) “Single-phase selection process” means a procurement process where price and/or technical proposals are submitted in response to an RFP without an RFQ or short listing. (27) “Standard Specifications” means the Department’s Standard Specifications for Road and Bridge Construction. (28) “Statement of qualifications (SOQ)” means the document(s) submitted by a design- builder in response to an RFQ that describes the qualifications and capability of the design-builder to perform the scope of services to be included in the design-build contract. For each design-builder, the SOQ must include, at a minimum, documentation that the design-builder is capable of performing the scope of services of the project. (29) “Stipend” means a monetary amount that may be paid to unsuccessful design- builders who have submitted responsive proposals in response to an RFP. PROCEDURES FOR THE SELECTION AND AWARD 1680-5-4 OF DESIGN-BUILD CONTRACTS (30) “Technical proposal” means that portion of a design-build proposal which contains design solutions and other qualitative factors that are provided in response to an RFP. (31) “Tennessee Environmental Evaluation Report (TEER)” means the environmental evaluation process, similar to the NEPA process, which may be conducted by or for the Department, in accordance with such procedures as the Department may establish, on projects without federal-aid funding or other major federal action where NEPA does not apply. (32) “Two-phase selection process” means a procurement process in which the first phase consists of short listing based on statements of qualifications submitted in response to an RFQ and the second phase consists of the submission of price and technical proposals in response to an RFP. (33) “Weighted criteria process” means a form of best value selection in which maximum point values are pre-established for qualitative and price components. The best evaluated design-builder is the one with the highest total points earned.