KRS 45A.182: Selection committee procedures to apply when capital project is to be

constructed utilizing the design -build method -- Cancellation or rejection of

requests or proposals.

(1) When a capital project is to be constructed utilizing the design -build metho d in

accordance with KRS 45A.180, a process parallel to the selection committee

procedures established in KRS 45A.810 shall apply when procuring a design -build

team and shall incorporate the following:

(a) The evaluation process may include a multiple phas ed proposal that is based

on qualifications, experience, technical requirements, guaranteed maximum

price, and other criteria as set forth in the request for proposal. The guaranteed

maximum price component shall be submitted by the offeror independently o f

other documents and shall be held by the executive director of the Office of

Facility Development and Efficiency.

(b) Each evaluator shall independently score each phase and indicate a total score

for all evaluation factors as set forth in the request for proposal.

(c) Final phase proposals from the offerors on the short list shall be evaluated and

scored by the evaluation committee members who shall not have knowledge

of the guaranteed maximum price component. Each evaluator shall

independently score the final phase proposals and indicate a total score. A

total average score shall be calculated for each offeror. Then each offeror's

respective score for the guaranteed maximum price and any reciprocal

preference for resident bidders required under KRS 45A.4 94 shall be added.

The offeror with the highest point total in the final phase shall receive the

contract award unless the guaranteed maximum price proposal is in excess of

the authorized budget. If two (2) or more of the offerors achieve the same

highest point total at the end of the final phase scoring, the purchasing officer

shall request best-and-final proposals from each offeror.

(d) If the guaranteed maximum price of the offeror with the highest point total in

the final phase is greater than the amoun t of funds identified in the request for

proposal, then competitive negotiations may be conducted with the offerors

under the following restrictions:

1. If discussion pertaining to the revision of the specifications or quantities

are held, the offerors sh all be afforded an opportunity to take part in

such discussions.

2. Written revisions of the specifications shall be made available to each of

the offerors and shall provide for an expeditious response.

3. Information derived from revised maximum guarant eed price proposals

shall not be disclosed to competing offerors.

(2) A request for proposal or other solicitation may be canceled, or all proposals may be

rejected, if it is determined in writing that such action is taken in the best interest of

the Commonwealth and approved by the purchasing officer.