PURPOSE: This rule lists procedures appropriate for solicitation and receipt of proposals, provides for oral presentations during the procurement process and restricts team changes.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) In addition to the public notice set forth in section 227.107.18, RSMo, the commission may use additional procedures deemed appropriate for the solicitation and receipt of proposals and information, including the following:

   1. (A) Exchanges with industry before receipt of proposals;
   2. (B) Request for Qualification (RFQ), Request for Proposal (RFP) and contract format;
   3. (C) Solicitation schedules;
   4. (D) Lists of forms, documents, exhibits, and other attachments;
   5. (E) Representations and instructions;
   6. (F) Handling proposals and information; and
   7. (G) Submission, modification, revisions and withdrawal of proposals.
2. (2) All responses to the RFQ will be evaluated by the pre-qualification review/short listing team, which is comprised of the following Missouri Department of Transportation (MoDOT) staff or their designated representative: chief engineer, chief financial officer, assistant chief engineer, financial services director, one (1) or more district engineer(s), project manager for the given project, state construction and materials engineer, state bridge engineer, and the state design engineer. An external partner(s) may be asked to act as an observer to the pre-qualification/short listing process.

3. (3) Use of Oral Presentations During the Procurement Process.

   1. (A) Oral presentations as a substitute for portions of a written proposal may be used in streamlining the source selection process. Oral presentations may occur at any time in the acquisition process and comply with any appropriate federal procurement integrity standards contained in 23 CFR 636.111. Title 23 CFR section 636.111 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulations in 23 CFR 636.111.
   2. (B) Oral presentations may augment written information. The commission or MoDOT will maintain a record of oral presentations to document what information was relied upon in making the source selection decision. The commission will decide the appropriate method and level of detail for the record (e.g., videotaping, audio tape recording, written record, contracting agency notes, copies of proposer briefing slides, or presentation notes). A copy of the record will be placed in the contract file and may be provided to proposers upon request.
4. (4) Restrictions on a proposer’s team changes after the proposer’s response to an RFQ where the proposer’s qualifications are a major factor in the selection of the successful design-builder, such as team member switching (adding or switching team members), is discouraged after submission of response to an RFQ. However, the commission may use its discretion in reviewing team changes or team enhancement requests on a case-by-case basis. Any specific project rules related to changes in team members or changes in personnel within teams will be explicitly stated in a project solicitation.

AUTHORITY: sections 226.020, 226.030, and 227.107, RSMo 2016.* Emergency rule filed Oct. 17, 2005, effective Oct. 27, 2005, expired April 25, 2006. Original rule filed Aug. 15, 2005, effective Feb. 28, 2006. Amended: Filed Dec. 5, 2017, effective July 30, 2018.

*Original authority: 226.020, RSMo 1939; 226.030, RSMo 1939, amended 1965, 2003, 2004, 2009; and 227.107, RSMo 2002, 2007, 2009, 2011, 2016.