PURPOSE: This rule provides the criteria used to determine whether standard designbuild or modified design-build procedures will be used.

1. (1) The commission will use a two- (2-) phase selection procedure for all design-build projects. If it is determined by the commission that the design-build procedure is not appropriate for a given project, based on the criteria in 7 CSR 10-24.130, the modified design-build contracting method may be utilized.

2. (2) The following criteria will be used to decide whether design-build or modified design-build selection procedures are appropriate:

   1. (A) The number of offers anticipated;
   2. (B) Proposers are expected to perform substantial design work before developing price proposals;
   3. (C) Proposers will incur a substantial expense in preparing proposals; and

   4. (D) Commission has sufficiently defined and analyzed other contributing factors, including:

      1. 1. The requirements of the project;
      2. 2. The time constraints for delivery of

the project;

1. 3. The capability and experience of

potential contractors;

1. 4. Commission capabilities to manage

the standard design-build selection process; and

1. 5. Any other criteria that the commis-

sion may consider appropriate.

1. (3) The commission will identify the selection procedure and award criteria in the Request for Qualification (RFQ). The following will determine the type of selection procedure and award criteria used by the commission:

Selection procedure Award criteria options Standard Design- Lowest price, adjusted low Build Selection bid (price per quality point), Procedures meets criteria/low bid, weighted criteria process, fixed price/best design, best value. Modified Lowest price technically Design-Build acceptable.

1. (4) Commission will base the source selection decision on a comparative assessment of proposals against all selection criteria in the solicitation. Commission may use reports and analyses prepared by others, however, the source selection decision represents the commission’s independent judgment.
2. (5) The source selection decision will be documented, and the documentation will include the rationale for any business judgments and tradeoffs made or relied on, including benefits associated with additional costs. Although the rationale for the selection decision is documented, that documentation need not quantify the tradeoffs that led to the decision.
3. (6) A minimum of two (2) to a maximum of five (5) firms will be short-listed. If the commission fails to receive offers from at least two (2) responsive proposers, the offers will not be opened; and the commission may readvertise the project.

AUTHORITY: sections 226.020, 226.030, and 227.107, RSMo 2016.* 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.