A new subsection (9) is added to Rule 14-91.007, F.A.C., to clarify the compensation of design-build firms.

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-91.007: Selection and Award Process
PURPOSE AND EFFECT: A new subsection (9) is added to Rule 14-91.007, F.A.C., to clarify the compensation of design-build firms.
SUBJECT AREA TO BE ADDRESSED: A new subsection (9) is being added to Rule 14-91.007, F.A.C.
SPECIFIC AUTHORITY: 334.044(2), 337.11(7)(b) FS.
LAW IMPLEMENTED: 337.025, 337.11(7) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-91.007   Selection and Award Process.

(1) through (8) No change.

(9) The Department shall pay design-build firms submitting fully responsive proposals that are not selected a lump sum amount, stipend, as determined by the solicitation in order to stimulate competition and for the work product contained in the firm’s responsive technical bid proposals. The Department will not pay the selected design-build firm a stipend. An unselected short list design-build firm that submits a responsive bid proposal in response to the Department request for detailed proposals will receive a stipend in exchange for the work product contained in that bid proposal. The Department reserves the right to use any of the concepts, ideas, technologies, techniques, methods, processes, and information that are contained within the bid proposals without any further compensation therefore.

(a) In order to receive the stipend, the unselected short listed design-build firms must enter into a contract with the Department immediately after short listing. The contract is required to document the terms and conditions for the stipend.

(b) The Department’s criteria to determine the stipend amount shall include the following: complexity of the project, technical expertise, time and resources required for the proposal, and value of work product contained in the technical proposal. The intent to compensate and the stipulated amount of the stipend will be set forth in the request for proposals package.

(c) A stipend is not intended to compensate the design-build firms for the total cost of preparing the bid proposal.

Specific Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.025, 337.11(7) FS. History–New 3-13-88, 6-13-90, Amended 2-20-96, 9-3-96, 10-18-00,________.