(a)

1. (1) It is important to understand that the procurement process and the requisite evaluations and selection is a very competitive process.
2. (2) As such, the Arkansas Department of Transportation as a whole, and the DPT and PET in particular, has the authority and obligation to keep certain proposer information confidential throughout the procurement process.
3. (3) The proposer information, including firm financial information, proposer team configuration and personnel, schedules, and other proprietary information is held in strictest confidence throughout the process.
4. (4) While much of the information for the selected design-builder will be released to the public at the end of the process, the unsuccessful proposers’ information should remain confidential unless otherwise required for release by statute, judicial mandate, or some other requirement.
5. (5) Confidentiality is critical to the integrity and validity of the procurement process and acceptance of the evaluations and selection processes.
6. (6) Each participant in the procurement process must be required to sign a confidentiality agreement and a conflict disclosure statement before contributing to, monitoring of, or observing any phase of the procurement process.

(b)

1. (1) It is recognized that forming a large PET may run counter to this confidentiality requirement and can become a management issue to maintain and oversee.
2. (2) The Arkansas Department of Transportation should balance the need for specific expertise, observation, or supervision versus the absolute need for confidentiality.
3. (3) Example forms of a confidentiality agreement and a conflict disclosure statement are included as Appendix F-1 and Appendix F-2, respectively.

(c)

1. (1) The project director (PD), or appointed designee, should be the sole point of contact for all outside correspondence throughout the procurement process in a similar manner to the more traditional DB-B construction advertisement period.
2. (2) The required personnel and methods of internal and external communication from the Arkansas Department of Transportation, the department project office (DPO), and the DPT to any other parties should be clear to everyone involved or responsible for the procurement process for the Arkansas Department of Transportation.
3. (3) This communication protocol, including designation of the Arkansas Department of Transportation’s single point of contact, should be clearly stated in the RFQ and RFP.