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

1. (1) The commission will give public notice of a Request for Qualifications in at least two
2. (2) public newspapers that are distributed wholly or in part in this state and at least one

3. (1) construction industry trade publication that is distributed nationally. In addition, 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.
4. (2) All responses to the Request for Qualifications will be evaluated by the pre-qualification review/short listing team. This team will be comprised of the following Missouri Department of Transportation (MoDOT) staff or their designated representative: chief engineer, chief financial and administrative officer, controller, director of program delivery, 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.

5. (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, however, the commission must comply with any appropriate 7 CSR 10-24

federal and state procurement integrity standards.

1. (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.

1. (4) Restrictions on team changes after response to an RFQ where the proposer’s qualifications are a major factor in the selection of the successful design-builder, 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, RSMo 2000 and 226.030 and 227.107, RSMo Supp. 2004.* Emergency rule filed Oct. 17, 2005, effective Oct. 27, 2005, expired April 25, 2006. Original rule filed Aug. 15, 2005, effective Feb. 28, 2006.

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