1. (1) The DBRC will forward the apparent best evaluated design-builder to the Commissioner with a recommendation either to:

   1. (a) Reject all proposals; or
   2. (b) Award a design-build contract to the best evaluated design-builder; or
   3. (c) Provided, however, if the DBRC determines after opening the price proposals that the apparent best evaluated design-builder should be considered non-responsive, or if after award the best evaluated design-builder declines the award and forfeits the proposal guaranty, the DBRC may recommend award of the contract to the next best evaluated design-builder.

2. (2) Upon receiving the DBRC’s recommendation, the Commissioner may either:

   1. (a) Reject all proposals; or
   2. (b) Award a design-build contract to the best evaluated design-builder; or
   3. (c) If the DRBC determines after opening the price proposals that the apparent best evaluated design-builder should be considered non-responsive, or if the best evaluated design-builder declines the Commissioner’s award, the Commissioner may award the contract to the next best evaluated design- builder.
3. (3) After the design-build contract has been awarded, the Department will publish the technical scores and adjusted prices on the Department’s website.
4. (4) All short-listed design-builders will be afforded the opportunity for a debriefing with the Department regarding the relative merits of their technical proposals and price proposals.

Authority: T.C.A. §§ 54-1-119 and 4-3-2303. Administrative History: Original rule filed April 16, 2008; effective June 30, 2008.