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1.
INTRODUCTION
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In two
prior editions of "Los Angeles CSI", the author discussed
what the design-build delivery system consisted of and the
advantages and disadvantages of the use of design-build
and the types of projects where it might be considered.
The
purpose of this article is to describe generally the process
in implementing a design-build delivery system. The delivery
steps and time frames for a design-build project are described
herein in very general terms. Note, each project is unique
and therefore the time required for each step in the process
can vary considerably.
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2.
STRATEGIC FACILITY PLANNING
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The
first thing that must be performed by an owner is an analysis
of its current and future facility requirements to determine
an appropriate plan for the development of the owners facility.
During that planning stage, the owner must establish a "program
definition", that is, the needs that the owner has with
regard to the size of the facility, the performance of the
facility, the finish requirements and the applicable codes
and regulatory standards that are applicable to the facility.
These requirements are defined in and set forth in a "Request
for Qualification" ("RFQ") either by the owner's staff or
by an outside consultant who is thoroughly familiar with
the process of design-build.
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3.
REQUEST FOR QUALIFICATIONS (RFQ)
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The
owner then issues a request for qualifications which sets
forth in detail the requirements that any potential bidder
for the project must have. This is prepared either by the
owner's in-house staff or by an outside consultant. The
owner must establish in detail the experience qualifications,
the licensing qualifications, bonding requirements and other
important criteria must be established and set forth in
the RFQ.
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| 4.
QUALIFICATIONS STATEMENTS |
| The
owner then advertises the project and the potential firms
desiring to qualify for the project submit their qualifications
statements in response to the RFQ. Those qualifications statements
are reviewed in detail by the owner's team and generally the
owner narrows the bidders down to somewhere between three
and five of the most qualified firms. |
| 5.
REQUEST FOR PROPOSALS |
| Once
the owner has narrowed the field down to the most qualified
firms consisting of three to five firms, the owner sends to
those firms a design and cost proposal in the form of a "Request
for Proposal" ("RFP"). The owner should place in the RFP,
the project's design criteria, information relating to the
site where the project is to be constructed, the type of contractual
arrangement that the owner will be using and a detailed procedure
detailing how the owner is going to select the successful
candidate for the project. The owner should set forth the
essential requirements of the project. |
| 6.
PROPOSAL SUBMISSION AND EVALUATION |
| Once
the proposals are received by the owner, the owner then evaluates
the proposals received on the basis of various factors, including
but not limited to, the quality of the design, the price to
be charged, the time for performance and other factors which
the owner has set forth in its RFP. Before making the final
award, the bidders may be called in by the owner to make an
oral presentation in addition to their written presentation. |
| 7.
CONTRACT AWARD |
| After
having carefully evaluated the proposals received, the owner
then selects the appropriate entity with whom it intends to
award the contract. |
| 8.
DOCUMENTS AND CONSTRUCTION |
| The
successful design-build contractor then proceeds with completion
of the design documents for all elements of the project. During
that process, the owner is deeply involved in reviewing the
design documents as they proceed in relationship to the owner's
budget and the constructability of the project. Once the design
documents have been completed, then construction commences.
The construction proceeds as in any normal construction project
and in some cases where "fast track" is employed, construction
proceeds after various phases of the design are completed,
but prior to completion of the entire group of construction
documents. During both the design phase and the construction
phase, the owner makes progress payments to the design-builder
as set forth in the contract documents. |
| 9.
SELECTION AND EVALUATION PROCESS |
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As noted
above, prior to contract award, the owner must review and
evaluate the proposals received from the various bidders.
There are various procedures available to an owner in evaluating
the successful bidder.
a.
Weighted Criteria
One
of the most common ways is what is commonly referred to
as "weighted criteria". Under this system, after the proposed
design-build contractors have submitted their proposals,
the owner gives the successful companies the final requirements
for submittal of a qualitative proposal as noted above.
That proposal should set forth in detail the proposers management
plan, experience, design solution and other issues relating
to quality and, of course, price. The owner establishes
a point rating for qualitative factors and for price. For
example, with regard to qualitative and design factors,
the owner may give a weight of 60 points and price a weight
of 40 points. The design proposals and the price are submitted
in separately sealed envelopes. The owner reviews each proposal
and, as noted above, may then hear oral presentations from
each of the proposed contractors. The owner then assigns
points on a scoring matrix based upon the foregoing weight
criteria. Generally, the owner weighs the design and qualitative
criteria before the price envelopes are reviewed. This is
done in order to ensure that the owner's decision is not
overly influenced by the price proposal. The maximum price
points are assigned to the lowest dollar bid once the qualitative
and design criteria points are added to the price points,
then the high total points determines the award.
b.
Fixed Budget/Best Design Process
Another
method to do the selection and evaluation process is the
"fixed budget/best design" process. In that scenario, the
contract price is established by the owner and stated in
the RFP. Based upon that price, the proposed bidders submit
their qualitative proposals. Again, oral presentations may
be made and the owner uses its evaluation criteria to score
the proposal.
c.
Meets Criteria/Low Bid Process
Another
process is a process known as the "meets criteria/low bid"
process. In this process, the RFP and the criteria for design
allow very little creativity in the design process. The
owner in this situation provides a very specific outline
or conceptual design as part of the design criteria package.
Proposals are solicited from the firms who are qualified
through the evaluation process and the proposals are evaluated
based upon their ability to meet the design criteria and
the award is made to the low bidder.
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| 10.
CONCLUSION |
| The
foregoing merely sets forth a broad outline of the procedures
to be used in a design-build process. It is submitted to give
the reader a basic overview so that various steps described
above can be elaborated upon in the documentation and implementation
of the design-build process. |
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| DISCLAIMER:
This discussion is general in nature and is not intended to and does not create
a lawyer/client relationship. This discussion should in no way be relied upon
or construed as legal advice, particularly since most legal outcomes are highly
dependent on the facts of a particular case or situation. This discussion is provided
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consult with a lawyer for legal advice on these matters. Any reliance on the discussion
information by someone who has not entered into a written retainer agreement with
the lawyer providing the discussion information is at the reader's or recipient's
own risk. |
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