[HISTORY: Adopted by the Board of Supervisors of Warren County as indicated in article histories. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 139, but was redesignated to maintain the organizational structure of the Code.
While the competitive sealed bid process remains the preferred method of construction procurement for the County, the County may enter into a contract for construction on a fixed price or not-to-exceed price design-build basis, provided the County complies with the requirements of this section and has obtained the approval of the Commonwealth of Virginia Design-Build/Construction Management Review Board (the Review Board) pursuant to § 2.2-2406 of the Code of Virginia (1950), as amended, if required; provided, however, that projects undertaken pursuant to Subdivision D2 of § 2.2-4303 of the Code of Virginia (1950), as amended, shall be exempt from approval of the Review Board.
Prior to making a determination as to the use of design-build or construction management for a specific construction project, the County shall employ or contract with a licensed architect or engineer with professional competence appropriate to the project to advise the County regarding the use of design-build or construction management for that project and to assist in the preparation of the request for qualifications and the request for proposals and the evaluation of such proposals.
The following procedures shall be followed in the selection and evaluation of offerors and award of design-build and construction management contracts:
Prior to the issuance of a request for qualifications, the County Administrator shall:
Determine that a design-build or construction management contract is more advantageous for the construction project than a competitive sealed bid construction contract, that there is benefit to the County in using a design-build or construction management contract, and that competitive sealed bidding is not practical or fiscally advantageous. The basis for this determination shall be documented in writing; and
Obtain approval by the Review Board of the use of a design-build or construction management contract for the construction project, unless exempt pursuant to § 2.2-4303D2 of the Code of Virginia.
Upon approval by the Review Board of the use of a design-build or construction management contract for the specific construction project presented to the Review Board, the County Administrator shall appoint an evaluation committee of not fewer than three members, one of whom shall be the architect or professional engineer employed by or under contract with the County pursuant to Subsection B.
Prequalification of potential offerors.
The County Administrator shall issue a notice of request for qualifications from potential offerors by posting on a public bulletin board and advertising in a newspaper of general circulation in the County at least 10 days preceding the last day set for the receipt of qualifications. In addition, qualifications may be solicited directly from potential offerors. The request for qualifications shall indicate in general terms that which is sought to be procured, specifying the criteria which will be used in evaluating the potential offerors' qualifications, and containing or incorporating by reference the other applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of offerors. The request for qualifications shall request of potential offerors only such information as is appropriate for an objective evaluation of all potential offerors pursuant to such criteria. The County Administrator shall receive and consider comments concerning specifications or other provisions in the request for qualifications, prior to the time set for receipt of qualifications.
The evaluation committee shall evaluate each responding potential offeror's qualifications submittal and any other relevant information, and shall select a minimum of two offerors deemed fully qualified and best suited on the basis of the criteria contained in the request for qualifications. An offeror may be denied prequalification only upon those grounds specified in § 2.2-4317 of the Code of Virginia (1950), as amended. At least 30 days prior to the date established for the submission of proposals, the purchasing agent shall advise in writing each potential offeror whether that offeror has been selected. In the event that a potential offeror is not selected, the written notification to such potential offeror shall state the reasons therefor.
Request for proposals.
The County Administrator shall issue a request for proposals to the selected offerors at least 10 days prior to the date set for receipt of proposals. The request for proposals shall include and define the requirements of the specific construction project in areas such as site plans, floor plans, exterior elevations, basic building envelope materials, fire protection information plans, structural, mechanical (HVAC) and electrical systems, and special telecommunications. The request for proposals may also define such other requirements as the County Administrator deems appropriate for the construction project. In the case of a construction management contract, the request for proposals shall also define the pre-design, design phase, bid phase and/or construction phase services to be performed by the construction manager. The request for proposals shall specify the evaluation criteria to be used by the evaluation committee to evaluate proposals. The County Administrator shall receive and consider comments concerning specifications or other provisions in the request for proposals, prior to the time set for receipt of proposals.
Each selected offeror shall submit a cost proposal and a technical proposal. Cost proposals shall be sealed separately from technical proposals and, in the case of a construction management contract, shall include the offeror's lump sum price for all requested preconstruction phase services. A lump sum price or guaranteed maximum price shall be established for all requested construction services. Upon receipt of an offeror's technical and cost proposals, the offeror's cost proposal shall be secured by County Administrator and kept sealed until evaluation of all technical proposals is completed.
The evaluation committee shall evaluate each technical proposal based on the criteria set forth in the request for proposals. As a part of the evaluation process, the evaluation committee shall grant each of the offerors an equal opportunity for direct and private communication with the evaluation committee. Each offeror shall be allotted the same fixed amount of time. In its conversations with offerors, the evaluation committee shall exercise care to discuss the same owner information with all offerors. In addition, the evaluation committee shall not disclose any trade secret or proprietary information for which the offeror has invoked protection pursuant to § 2.2-4342F of the Code of Virginia. Based upon its review of each offeror's technical proposal, the evaluation committee shall determine whether any changes to the request for proposals should be made to correct errors or omissions or to clarify ambiguities in the request for proposals, or to incorporate project improvements or additional details identified by the committee during its review. Any such changes shall be set out in an addendum to the request for proposals. Each offeror shall be provided an opportunity to amend or supplement its technical proposal to address the changes.
Based on final technical proposals, the evaluation committee shall conduct negotiations with the offerors. After negotiations have been conducted, offerors may submit sealed additive and/or deductive modifications to their cost proposals.
Following receipt of the cost proposal modifications, the evaluation committee shall publicly open, read aloud and tabulate the cost proposals including any modifications submitted by an offeror.
Final selection of design-builder.
Following opening of cost proposals, the evaluation committee shall make its recommendation to the County Administrator based upon its evaluation and negotiations.
Following receipt of the recommendation of the evaluation committee, the County Administrator shall award the design-build contract, as specified in the request for proposals, to the offeror which has submitted an acceptable technical proposal at the lowest cost, the offeror which, in the opinion of the County Administrator, has made the best proposal, or the offeror meeting the criteria otherwise specified in the request for proposals.
Final selection of construction manager.
Following the opening of cost proposals, the evaluation committee shall make its recommendation to the County Administrator based on its evaluation and negotiations. In making its recommendation, price shall be considered, but need not be the sole determining factor.
Following receipt of the recommendation of the evaluation committee, the Board of Supervisors shall select the offeror which, in the opinion of the Board of Supervisors, has made the best proposal, and shall award the contract to that offeror. Should the evaluation committee determine in writing that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the other offerors under consideration, a contract may be negotiated and awarded to that offeror.
For any guaranteed maximum price construction management contract, the contract shall provide that not more than 10% of the construction work (measured by the cost of the work) shall be performed by the construction manager with its own forces, that the remaining 90% of the construction work shall be performed by subcontractors of the construction manager, and that the construction manager shall procure such work by competitive sealed bidding or competitive negotiation.
Trade secrets or proprietary information provided by an offeror in response to a request for qualifications or a request for proposals shall not be disclosed to the public or to competitors, provided the offeror has invoked protection pursuant to § 2.2-4342 of the Code of Virginia.
The County shall submit information for post-project evaluation when requested by the review board.
Subject to the approval of the Board of Supervisors, the County Administrator may promulgate such additional procedures, not inconsistent with the provisions of this section or the rules and regulations of the review board, and consistent with the procedures for the procurement of nonprofessional services through competitive negotiation, as he deems necessary and appropriate to effect the selection and evaluation of offerors and the award of design-build and construction management contracts.