CHAPTER 5. REQUEST FOR QUALIFICATIONS
IC 5-30-5
Chapter 5. Request for Qualifications
IC 5-30-5-1
Publication of notice
Sec. 1. When design-build contracting has been authorized under
IC 5-30-2-2, a public agency shall publish a notice of a request for
qualifications under IC 5-3-1. The notice must allow at least thirty
(30) days for potential design-builders to respond to the request for
qualifications.
As added by P.L.74-2005, SEC.1.
IC 5-30-5-2
Notice contents
Sec. 2. A notice provided under section 1 of this chapter must
provide the following information:
(1) An overview of the project and selection process including
the following:
(A) A description of the project, including the:
(i) size and function of the facility that is the subject of the
project;
(ii) approximate budget; and
(iii) anticipated schedule.
(B) A description of the selection process, including:
(i) the process for communications between the public
agency and potential design-builders;
(ii) the schedule for the selection process;
(iii) the technical review committee procedure; and
(iv) a description of submission requirements.
(2) The general qualifications for prospective offerors,
including:
(A) appropriate experience with similar projects;
(B) team experience with design-build;
(C) organizational resources and depth;
(D) licensing requirements;
(E) financial strength and bonding capacity;
(F) an offeror's history of contracting with or hiring minority
business enterprises and women's business enterprises;
(G) litigation and disputes history; and
(H) experience in dealing with bonding authorities.
(3) The project specification qualifications for prospective
offerors, including:
(A) team experience with the facility or building type that is
the subject of the project;
(B) team performance record, including quality, schedule,
and cost of each project;
(C) proposed team composition, including the team's past
experience in working together;
(D) current capacity to manage the project;
(E) proposed key project personnel; and
(F) client references.
(4) A description of the qualifications statement evaluation
process, which must include:
(A) an established rating system that complies with sections
4 and 5 of this chapter; and
(B) a briefing session or a formal question and answer
process conducted with a potential offeror before submission
of a proposal in response to a request for proposals.
As added by P.L.74-2005, SEC.1.
IC 5-30-5-3
Verified statement of qualifications
Sec. 3. (a) A potential design-builder responding to the request for
qualifications under section 2 of this chapter must submit a verified
statement of qualifications setting forth the qualifications of the
potential design-builder and team members, if applicable, and
provide the other information required by the request for
qualifications.
(b) The verified statement of qualifications required under this
section must include the following:
(1) A listing of all prime contractors and architectural and
engineering firms that participate financially as part of the team.
(2) A statement that:
(A) the design-builder or the team members have completed
or demonstrated the experience, competency, capability, and
capacity to complete projects of similar size, scope, or
complexity; and
(B) proposed key personnel have sufficient experience and
training to competently manage and complete the design and
construction of the project.
(3) A statement that the design-builder or team members have
the licenses, registrations, and credentials required to design
and construct the project, including information on the
revocation or suspension of a license, credential, or registration.
(4) A statement that the design-builder has the capacity to
obtain all required payment and performance bonding, liability
insurance, and errors and omissions insurance.
(5) The experience modifier rate, the United States
Occupational Safety and Health Administration total recordable
case incident rate (TCIR) and days away, restricted or
transferred case incident rate (DART) for the design-builder
and each design build team, and the average United States
Occupational Safety and Health Administration TCIR and
DART rates for the industrial classification of the
design-builder and each design-build team.
(6) A statement that the design-builder or the employees of the
team performing construction services, including the employees
of all subcontractors, have completed or are enrolled in an
apprenticeship program certified by the United States
Department of Labor Bureau of Apprenticeship and Training.
(7) Information regarding any prior serious, repeat, willful, or
criminal violation of the federal Occupational Safety and Health
Act of 1970 and any equivalent violation under a state plan
authorized under Section 18 of the federal act that has become
a final order.
(8) Information concerning the debarment, disqualification, or
removal of the design-builder or a team member from a federal,
state, or local government public works project.
(9) Information concerning the bankruptcy or receivership of
the design-builder or a team member.
As added by P.L.74-2005, SEC.1.
IC 5-30-5-4
Rating system
Sec. 4. The technical review committee shall rate the potential
design-builders responding to the request for qualifications based on
the rating system described under section 2(4) of this chapter. The
rating system shall include consideration of any of the following:
(1) The design-builder's experience.
(2) The design-builder's financial and bonding capacity.
(3) The design-builder's managerial resources and management
plan.
(4) The design-builder's safety record.
(5) The design-builder's past performance and capacity to
perform.
(6) The design-builder's ability to complete the work in a timely
and satisfactory manner.
(7) Other selection criteria set forth or verified in the request for
qualifications.
As added by P.L.74-2005, SEC.1.
IC 5-30-5-5
Cost related or price related evaluation factors prohibited
Sec. 5. The technical review committee may not consider cost
related or price related evaluation factors when rating the potential
design-builders.
As added by P.L.74-2005, SEC.1.
IC 5-30-5-6
Selection of potential design-builders
Sec. 6. (a) The technical review committee shall select at least
three (3) potential design-builders considered to be the most highly
qualified to perform the required services based on the rankings of
the potential design-builders. The technical review committee shall
report the selection of qualified design-builders to the public agency.
(b) Notwithstanding subsection (a), if only two (2) potential
design-builders respond to the request for qualifications, the
technical review committee may report the two (2) potential
design-builders to the public agency if the technical review
committee finds that both potential design-builders are qualified to
perform the required services.
(c) If:
(1) only one (1) potential design-builder responds to the request
for qualifications; or
(2) only one (1) of the potential design-builders responding to
the request for qualifications is qualified to perform the
required services;
the public agency may not use the design-build contracting method
authorized under this chapter, unless the governing body of the
public agency adopts a resolution expressly authorizing the public
agency to send the one (1) potential designer-builder referred to in
subdivision (1) or (2) a request for proposal under IC 5-30-6. The
governing body must adopt the resolution at a public meeting for
which public notice has been provided.
As added by P.L.74-2005, SEC.1.