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16.requirements of the scope which are critical to the public agency.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2123 (October 2008).

§189.Technical Proposal—Submittal

A.Generally, the technical proposal shall include, but not be limited to, the following:

1.discussion of the entity's understanding of the scope of services;
2.discussion of the entity's understanding of the scope of work or architectural program;
3.discussion of design strategy to implement the scope of work or architectural program;
4.proposed design approach;
5.materials and methods of construction;
6.construction techniques and sequencing;
7.schedule for commencement and completion of all phases of work;
8.lump sum cost for all services in fulfillment of the requirements and within the constraints of the "scope of services package."

B.The invitation to the short-listed entities shall specify a deadline for submission of such proposals.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2124 (October 2008).

§191.Technical Proposal—Compensation for Proposals

A.For more complex projects and projects with scopes which permit flexibility and innovation in the design approach, the agency shall compensate unsuccessful and responsive short-listed entities for the expense of preparing the technical proposal. The determination of whether or not compensation will be paid for the technical proposal and the amount shall be predetermined by the agency and shall be included in the scope of services package. The agency may use concepts submitted by any paid short-listed entity to construct the project. Compensation shall be appropriate for the scope and complexity of the project and for the opportunities for innovation.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2124 (October 2008).  

§193.Technical Proposal—Evaluation Committee

A.The Director of Facility Planning and Control for projects administered by that agency or the equivalent agency head for other agencies shall establish a technical review committee for evaluation of design-build proposals. The technical review committee shall consist of at least three but no more than five building construction professionals with expertise in diverse fields of the construction industry including at least one design professional and one contractor. At least one of the members shall be from the private sector and at least one shall be from the public sector.

B.The technical review committee may select additional agency engineering and technical experts, and nationally

recognized design-build experts to serve as committee members to score each technical element of the project.

C.The technical review committee shall identify specific technical elements of the project, based on the specific requirements of the technical proposal and depending on the characteristics of the project, to be included in the technical score.

D.Members of the technical review committee shall not have served as members of the qualifications evaluation committee.

E.Each member of the technical review committee shall make his scoring of assigned elements available for public review. Such scores shall be considered public record. The public agency shall make all scores available to the public simultaneously.

F.The price shall not be opened until the appeal period defined in §195 is passed.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2124 (October 2008).

§195.Technical Proposal—Adjusted Score

A.An adjusted score approach shall be used by the public agency in determining the winning proposal. An adjusted score shall be determined using the following components:

1.the technical score determined by the technical review committee. Weighing factors may be assigned to each element depending on its relative magnitude or significance to the overall project. Each technical review committee member shall rate his assigned element of the proposal from each of the design-builders on the short list and shall submit such scores to the chairman of the technical review committee. The schedule and price bid shall not be made known to the technical review committee during the scoring process. The chairman of the technical review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal. Prior to determining the adjusted score, the chairman of the technical review committee shall notify each design-builder, in writing, of each design-builder's final total technical score;
2.the time value, consisting of the product of the proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the public agency and included in the scope of services package;
3.the price proposal.

B.The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by Technical Score. If the Time Value is not mandatory and if it is not used, the Adjusted Score shall be determined by the following formula: Adjusted Score = Price Bid divided by Technical Score.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2124 (October 2008).

§197.Technical Proposal—Appeal

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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