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 underIC 5-30-2-2, a public agency shall publish a notice of a request forqualifications under IC 5-3-1. The notice must allow at least thirty(30) days for potential design-builders to respond to the request forqualifications.
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 mustprovide the following information:
(1) An overview of the project and selection process includingthe following:
(A) A description of the project, including the:
(i) size and function of the facility that is the subject of theproject;
(ii) approximate budget; and
(iii) anticipated schedule.
(B) A description of the selection process, including:
(i) the process for communications between the publicagency 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 minoritybusiness 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 prospectiveofferors, including:
(A) team experience with the facility or building type that isthe subject of the project;
(B) team performance record, including quality, schedule,and cost of each project;
(C) proposed team composition, including the team's pastexperience 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 evaluationprocess, which must include:
(A) an established rating system that complies with sections4 and 5 of this chapter; and
(B) a briefing session or a formal question and answerprocess conducted with a potential offeror before submissionof 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 forqualifications under section 2 of this chapter must submit a verifiedstatement of qualifications setting forth the qualifications of thepotential design-builder and team members, if applicable, andprovide the other information required by the request forqualifications.
(b) The verified statement of qualifications required under thissection must include the following:
(1) A listing of all prime contractors and architectural andengineering firms that participate financially as part of the team.
(2) A statement that:
(A) the design-builder or the team members have completedor demonstrated the experience, competency, capability, andcapacity to complete projects of similar size, scope, orcomplexity; and
(B) proposed key personnel have sufficient experience andtraining to competently manage and complete the design andconstruction of the project.
(3) A statement that the design-builder or team members havethe licenses, registrations, and credentials required to designand construct the project, including information on therevocation or suspension of a license, credential, or registration.
(4) A statement that the design-builder has the capacity toobtain all required payment and performance bonding, liabilityinsurance, and errors and omissions insurance.
(5) The experience modifier rate, the United StatesOccupational Safety and Health Administration total recordablecase incident rate (TCIR) and days away, restricted ortransferred case incident rate (DART) for the design-builderand each design build team, and the average United StatesOccupational Safety and Health Administration TCIR andDART rates for the industrial classification of thedesign-builder and each design-build team.
(6) A statement that the design-builder or the employees of theteam performing construction services, including the employeesof all subcontractors, have completed or are enrolled in anapprenticeship program certified by the United StatesDepartment of Labor Bureau of Apprenticeship and Training. (7) Information regarding any prior serious, repeat, willful, orcriminal violation of the federal Occupational Safety and HealthAct of 1970 and any equivalent violation under a state planauthorized under Section 18 of the federal act that has becomea final order.
(8) Information concerning the debarment, disqualification, orremoval 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 ofthe 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 potentialdesign-builders responding to the request for qualifications based onthe rating system described under section 2(4) of this chapter. Therating 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 managementplan.
(4) The design-builder's safety record.
(5) The design-builder's past performance and capacity toperform.
(6) The design-builder's ability to complete the work in a timelyand satisfactory manner.
(7) Other selection criteria set forth or verified in the request forqualifications.
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 costrelated or price related evaluation factors when rating the potentialdesign-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 leastthree (3) potential design-builders considered to be the most highlyqualified to perform the required services based on the rankings ofthe potential design-builders. The technical review committee shallreport the selection of qualified design-builders to the public agency.
(b) Notwithstanding subsection (a), if only two (2) potentialdesign-builders respond to the request for qualifications, thetechnical review committee may report the two (2) potentialdesign-builders to the public agency if the technical reviewcommittee 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 requestfor qualifications; or
(2) only one (1) of the potential design-builders responding tothe request for qualifications is qualified to perform therequired services;
the public agency may not use the design-build contracting methodauthorized under this chapter, unless the governing body of thepublic agency adopts a resolution expressly authorizing the publicagency to send the one (1) potential designer-builder referred to insubdivision (1) or (2) a request for proposal under IC 5-30-6. Thegoverning body must adopt the resolution at a public meeting forwhich public notice has been provided.
As added by P.L.74-2005, SEC.1.