1. (1) This section applies only when the department uses a solicitation for a design-build construction project.

2. (2) The department may;

   1. (a) issue an RFQ soliciting qualification statements from potential proposers wishing to submit proposals for a design-build project;
   2. (b) forgo issuing an RFQ and invite potential proposers that are prequalified in accordance with Rule R916-2 to submit proposals for a design-build project pursuant to an RFP.

3. (3) When the department issues an RFP for a design-build construction project, the department may:

   1. (a) ask for initial proposals followed by clarifications, communications, or discussions, and may request best and final offers; or
   2. (b) award the contract without clarifications, communications, discussions, or requesting best and final offers.
4. (4) When the department issues an RFP for a design-build construction project, the department may ask for proposals based on a predetermined sum.

5. (5)(a) The department may award a stipend to a proposer who submits a responsive proposal but who is not awarded a contract for the project.

   1. (b) If the department elects to award a stipend as described in Subsection (5)(a), the department shall identify the amount of the stipend in the RFP.

6. (6)(a) The department shall include in the RFP separate technical and price proposals.

   1. (b) The department shall treat technical solutions or design concepts contained in proposals as proprietary information unless the proposer receives a stipend as described in Subsection (5)(a) and as provided in the RFP.
   2. (c) In accordance with Subsection 63G-2-305(6), the department may not disclose a proposal or other information submitted to the department in response to an RFP until after the contract is awarded and signed by all parties.
7. (7) When procuring a design-build project, the department may follow any of the criteria described in 23 CFR 636.

8. (8)(a) The department shall state the basis for an award in the solicitation.

   1. (b) To meet the requirement of Section 63G-6a-1402 of only awarding a contract to the responsible proposer whose proposal is most advantageous to the department or the state, the department may only base an award of an RFP on the following approaches:

      1. (i) Award to the responsible proposer offering the lowest-priced responsive proposal. If the solicitation includes a mandatory technical level, the department may not consider a proposal responsive unless it meets that mandatory level.
      2. (ii) Award to the responsible proposer whose proposal is evaluated as providing the best value to the department.
      3. (iii) If the solicitation provides for a specified sum, award to the responsible proposer whose proposal is evaluated as providing the best value to the department.
   2. (c) If the department awards the contract, the department shall execute the contract and issue a notice to proceed when the department is ready for the contractor to proceed with the work.

KEY: bids, advertising, contracts, bonding requirements

Date of Last Change: March 16, 2026

Notice of Continuation: March 21, 2026

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)