PURPOSE: This rule describes the selection of the proposal evaluation factors and the limitations on the selection and the possible inclusion of prequalification standards.

1. (1) The commission will select proposal evaluation factors and significant subfactors for each design-build and modified design-build project, which will be clearly stated in the solicitation.

   1. (A) The proposal evaluation factors and significant subfactors will be tailored to the acquisition.

   2. (B) Evaluation factors and significant subfactors will—

      1. 1. Represent the key areas of importance

and emphasis to be considered in the source selection decision; and

1. 2. Support meaningful comparison and

discrimination between and among competing proposals.

1. (2) Limitations on the Selection and Use of Proposal Evaluation Factors Are as Follows:

   1. (A) The selection of the evaluation factors, significant subfactors and their relative importance are within the commission’s broad discretion subject to the following:

      1. 1. The commission will evaluate price in

every source selection where construction is a significant component of the scope of work;

1. 2. The commission will evaluate the

quality of the product or service through consideration of one (1) or more nonprice evaluation factors. These factors may include (but are not limited to) such criteria as:

1. A. Compliance with solicitation

requirements;

1. B. Completion schedule (contractual

incentives and disincentives for early completion may be used where appropriate); or

1. C. Technical solutions;
2. 3. The commission may evaluate past

performance, technical experience and management experience;

1. 4. The commission may include pre-

qualification standards when the scope of the work involves very specialized technical expertise or specialized financial qualifications;

1. (B) Disadvantaged Business Enterprise

1. (DBE) commitments exceeding the commission’s stated goal will not be used as a proposal evaluation factor in determining the successful proposer.

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.