1. (a) The agency shall prepare a request for proposals for each design-build construction contract. The request for proposals must contain, at a minimum, the following elements:

   1. (1) the name and purpose of the project;
   2. (2) the identity of the agency that will award the design-build construction contract;
   3. (3) a description of the method selected under 2 AAC 12.943(a) as the basis for awarding the design-build construction contract;
   4. (4) the procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, the procedures for making awards, and a statement that the requirements of 2 AAC 12.931 - 2 AAC 12.949 are incorporated;
   5. (5) the date on or before which the agency must receive proposals; that date may not be less than 21 days after issuance of the request for proposals;
   6. (6) provisions for the payment of a stipend, if any;
   7. (7) provisions specifying ownership of design plans or concepts or of technical plans or concepts;
   8. (8) the proposed contract form, terms, and conditions;
   9. (9) performance criteria developed under 2 AAC 12.937, including, as appropriate, capacity, durability, and production standards, ingress and egress requirements, and other criteria for the intended use of the project, expressed in performance-oriented drawings and specifications suitable to allow the design-builder to make a proposal;
   10. (10) a description of the drawings, specifications, or other required submittals, with guidance as to the form and level of completeness that will be acceptable; that description must include a description of the submittal review process;
   11. (11) a schedule for planned commencement and completion of the design-build construction contract, unless contract time is to be proposed by the design-builder and is one of the weighted proposal evaluation criteria;
   12. (12) budget limits, if any, for the design-build construction contract;
   13. (13) affirmative action, disadvantaged business, or set-aside goals, if any, for the design-build construction contract;
   14. (14) the qualifications the design-builder will be required to have;
   15. (15) detailed material quality standards;
   16. (16) the method for handling pre-proposal inquiries;
   17. (17) long-term maintenance provisions, if any;
   18. (18) a reference to the provisions of 2 AAC 12.935(e) and (f);
   19. (19) a requirement that an offeror provide, in the offeror's proposal, information regarding actual or potential conflicts of interest;
   20. (20) requirements related to changes in design-build team members or changes in personnel within design-build teams;
   21. (21) each evaluation factor, including cost or price, and including each significant subfactor, if any, that will affect the award of the design-build construction contract;
   22. (22) the relative importance of each evaluation factor and each subfactor, if any, in determining the award of the design-build construction contract;
   23. (23) a requirement that the design-builder review the request for proposals to ascertain the project requirements, and a requirement that the design-builder notify the agency in the event of any ambiguity or uncertainty;
   24. (24) terms or conditions detailing incentives, disincentives, or liquidated damages, if any;
   25. (25) warranty provisions; the request for proposals must include notice that in addition to warranting materials, workmanship, and construction, and providing any additional warranties that the agency requires, a design-builder must warrant the design of the project;

   26. (26) notice that the design-builder must provide, in a form and amount acceptable to the agency, insurance coverage for a defined period after final payment for the cost of

       1. (A) correcting defects or deficiencies arising from or associated with design or construction negligence;
       2. (B) errors or omissions; and
       3. (C) legal defense and payment of indemnity;
   27. (27) identification of the disciplines to be evaluated.
2. (b) In a request for proposals, an agency may require a cash deposit, letter of credit, or bond not to exceed five percent of the maximum cost of the design-build construction contract, as established by the proposal.

(Eff. 8/21/2005, Register 175)