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LinkLine: Spring 2009

SpecLink: New Division 0 & 1 Sections for Design-Build Projects

00 0102 (00002) - Project Information.
00 2116 (00205) - Instructions to Proposers
00 4200 (00420) - Proposal Form: New document.
00 7100 (00570) - Contracting Definitions: vital definitions
01 3050 (01305) - Design Procedures and Substantiation Requirements:
01 4100 (01410) - Regulatory Requirements:

SpecLink: Existing Sections With Added Design-Build Options

00 3000 (00300) - Available Project Information
00 5000 (00590) - Contracting Forms and Supplements: Added DBIA Contract Documents
01 5000 (01500) - Temporary Facilities and Controls
01 7000 (01700) - Execution Requirements
01 9113 (01810) - General Commissioning Requirements

SpecLink: New Section Synopses

00 0102 (00002) - PROJECT INFORMATION:

Project, Owner, design professional identification; timetable; availability of procurement documents; bid/proposal security.

This section can be used as the project title page or, if not, as a single location for variable project-specific information, especially what is needed during the procurement period.  This section can be used for early design documents, design-bid-build projects, and design-build projects -- select one option in the non-printing checklist at the top.

Ideally, this information would not be repeated elsewhere, but sometimes it must be, especially in an Advertisement for Bids or similar documents that might be issued separately to solicit bids or proposals.  If the information contained in this document is repeated elsewhere, be careful to coordinate both documents.

00 2116 (00205) INSTRUCTIONS TO PROPOSERS:

This section covers the conducting of an RFP (Request for Proposals) process when more than one prospective Design-Builder is being considered for a single project. This is referred to as a "competitive" RFP to distinguish it from a procedure in which the Owner requests a proposal from a single prospective proposer. (In the latter case, few formal procedures are required.)  Detailed procedures for soliciting, receiving, and evaluating proposals are included, along with the terms for award and acceptance

This section is designed to accommodate both a single stage RFP (qualifications and cost/quality/time at the same time) and a two-stage process (pre-qualification first, then cost/quality/time, or RFQ/RFP). The section includes three parts:

1) The Competition Process (chronological description, itemization of the documents);

2) The Evaluation (basis and procedures for making selection, including qualifications, a "jury," etc.);

3) Terms and Procedures (details of accomplishing a proposal).

The selection process described in this section is usually referred to as a "Fixed Price/Best Design" evaluation. Although other methods of comparing proposals exist, the "Fixed Price/Best Design" method is the easiest for Owners, because only the design, quality, and quantity are at issue -- the price is set at a maximum that the Owner has already decided he or she can afford. If a fixed contract amount has not been set, it will be necessary to develop more detailed procedures to compare disparate proposals on the basis of cost as well as design/quality/quantity.

00 4200 (00420) PROPOSAL FORM:  

Design-Build; for responding to a formal or informal request for proposal (RFP).

This section is used to prepare the form that the proposers will use to make cost/time/quality proposals for a design-build project. It will undoubtedly require customization to the specific project before printing for inclusion in an RFP (Request for Proposals).  If a standard form of Agreement is to be executed, this Proposal Form should be carefully coordinated to that Agreement, so that all the information required for execution of the Agreement is provided on the Proposal Form, if not specified in the Supplementary Conditions.  The intention is that this form be included in every copy of the RFP that is issued, so that the proposers can simply copy it, fill it out, attach all required documents to it, and submit it at the time specified.

00 7100 (00570) CONTRACTING DEFINITIONS: 

Definitions relating to Design-Build contracts; types of documents, time periods.

These definitions are primarily intended for use in an RFP to define specific stages of the design and construction for purposes of payment or design documentation.  In addition, specific portions of the RFP are defined, including the Project Program, the Conceptual Documents, and the Contract Documents, in the event that these are not defined sufficiently in the Agreement or General Conditions.  (NOTE:  This section could also be used for non-Design-Build contracts if necessary, but the definitions are likely to be very different.)

01 3050 (01305) DESIGN PROCEDURES AND SUBSTANTIATION REQUIREMENTS:

Design procedures for design-build projects; design documentation and substantiation. 

This section covers how the Design-Builder:

1.  Refines, finalizes, and documents the design criteria.

2.  Chooses elements and products to be used in the design.

3.  Shows that the design meets the criteria.

Key defined concepts are:

  • Substantiation
  • Proven-in-use.
  • Proven-by-mockup.

01 4113 (01410) REGULATORY REQUIREMENTS:

List of regulations applicable to project; for information or as design criteria.

This section can be used to list all the codes and other regulations that apply to the project.  The list may be for the information of contractors, or it may be as the basic, fundamental design criteria for a design-build project.