Civil Engineering Reference
In-Depth Information
published during the process? For QBS, it is desirable to keep SOQ information confi-
dential until a final selection has been made and approved. State and local public records
statutes and information disclosure requirements always would prevail.
It is important to state the owner's right to make any and all decisions and determi-
nations related to its authority. With regard to a proposer's protest about selection, the
RFQ should specify procedures for protests, limitations on the time allowed for protests,
and policies and procedures for protests. Many jurisdictions require public owners to also
state applicable entity crime and noncollusion requirements.
The owner and all interested proposers benefit when a summary of the contract
terms is included with the RFQ. Proposers can begin legal counsel reviews to identify
contractual requirements to negotiate or not accept in parallel to SOQ preparation. There
are circumstances when an article of the draft agreement will prevent a proposer from
submitting an SOQ, and both parties benefit when this is known early in the selection
process. For example, if liquidated damages for meeting a construction schedule are
required by the owner, but the proposer has identified events (e.g., acquiring an operat-
ing permit, or beginning startup based on water availability that is the responsibility of
another party) that might impact the schedule yet the proposer has limited or no control
over those events.
Some owners have allowed proposers to edit (often using the redline feature in a
word processing software) the draft agreement. Owners can also include the proposer's
acceptance of the terms and conditions of the draft agreement as a part of the evaluation
criteria for selection.
COMPONENTS OF AN SOQ
The RFQ should establish how proposers should organize their SOQs. Some owners limit
the number of pages, specify dividers, encourage brevity, limit (or encourage) the use of
photos and other illustrations, and define the paper size and binding requirements.
Typical RFQs for DB projects require proposers to submit the information in
Table 14-1.
QBS-SPECIFIC RFQ ELEMENTS
If an owner chooses to use a single-step process, it is important to request the following
information in addition to the general information in Table 14-1. According to the DBIA's
Position Statement “The Role of Qualifications in Selection of a Design-Builder,” among
the many benefits of qualifications-based selection is the ability of the owner to bring in
the expertise of the design-builder early in the project (DBIA 2011).
Proposers should explain their understanding of the project and the owner's goals
and objectives. The owner can then learn the level of investment the proposers have com-
mitted to adequately position for the project.
The RFQ for QBS usually requires the proposer to provide a technical approach.
The proposer should describe how it will comply with project requirements and time
schedule. An engineering design approach, description of construction activities, pro-
posed schedule, safety management, quality management and QA/QC, site coordination,
permitting approach, construction administration, project controls including cost control,
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