Subdivision 1. Award; computation; announcement. Except as provided in subdivision 2, a design-build contract shall be awarded as follows:
(a) The design-build selection panel shall score the technical proposals using the selection criteria in the request for proposals (RFP). The panel shall then submit a technical proposal score for each design-builder to the county board or its designee. The panel shall reject any proposal it deems nonresponsive.
(b) The county board or its designee shall announce the technical proposal score for each design-builder and shall publicly open the sealed price proposals and shall divide each design-builder's price by the technical score that the panel has given to it to obtain an adjusted score.
(c) If a time factor is included with the selection criteria in the RFP package, the county board or its designee may also adjust the bids using a value of the time factor established by the panel. The value of the time factor must be expressed as a value per day. The adjustment must be based on the total time value. The total time value is the design-builder's total number of days to complete the project multiplied by the factor. The time-adjusted price is the total time value plus the bid amount. This adjustment must be used for selection purposes only, and must not affect the county's liquidated damages schedule or incentive or disincentive program. An adjusted score must then be obtained by dividing each design-builder's time-adjusted price by the score given by the technical review team.
(d) Unless all proposals are rejected, the county board shall award the contract to the responsive and responsible design-builder with the lowest adjusted score. The county board shall reserve the right to reject all proposals.
Subd. 2. Alternative process for certain contracts. The county board may elect to use the process under this subdivision for a design-build contract for a project with an estimated project cost of less than $5,000,000. The county board shall give the lowest cost proposal the full number of price points defined in the request for proposals (RFP). The county board shall award each of the other proposals a percentage of the price points based on a ratio of the lowest price divided by the responder's price. The county board shall add the technical score and price score and award the contract to the responder with the highest total score.
Subd. 3. Stipulated fee. The county board shall award a stipulated fee of not less than two-tenths of one percent of the county's estimated cost of design and construction to each short-listed, responsible proposer who provides a responsive but unsuccessful proposal. When the request for proposals specifies a maximum price, the stipend shall be awarded if the proposal is responsive in all other aspects but comes in above the maximum price. If the county board does not award a contract, all short-listed proposers must receive the stipulated fee. If the county board cancels the contract before reviewing the technical proposals, the county board shall award each design-builder on the short list a stipulated fee of not less than two-tenths of one percent of the county's estimated cost of design and construction. The county board shall pay the stipulated fee to each proposer within 90 days after the award of the contract or the decision not to award a contract. In consideration for paying the stipulated fee, the county may use any ideas or information contained in the proposals in connection with any contract awarded for the project or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful proposers. Notwithstanding the other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the county may not use ideas and information contained in that proposer's proposal. Upon the request of the county, a proposer who waived a stipulated fee may withdraw the waiver, in which case the county shall pay the stipulated fee to the proposer and thereafter may use ideas and information in the proposer's proposal.
Subd. 4. Low-bid design-build process. (a) The county board may also use low-bid, design-build procedures to award a design-build contract where the scope of the work can be clearly defined.
(b) Low-bid design-build projects may require a request for qualifications (RFQ) and short-listing, and must require a request for proposals (RFP).
(c) Submitted proposals under this subdivision must include separately a technical proposal and a price proposal. The low-bid, design-build procedures must follow a two-step process for review of the responses to the RFP as follows:
(1) The first step is the review of the technical proposal by the design-build selection panel. The panel must open the technical proposal first and must determine if it complies with the requirements of the RFP and is responsive. The panel may not perform any ranking or scoring of the technical proposals.
(2) The second step is the determination of the low bidder based on the price proposal. The county board or its designee may not open the price proposal until the review of the technical proposal is complete.
(d) The contract award under low-bid, design-build procedures must be made to the proposer whose sealed bid is responsive to the technical requirements as determined by the panel and that is also the lowest bid.
(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build projects only when the county board has required an RFQ and short-listed the most highly qualified responsive bidders.
Subd. 5. Rejection of bids. The county board may reject all bids under this section.
Subd. 6. Reissue of request for proposals. If the county board rejects all bids or does not execute the contract, the county board may reissue the request for proposals and allow only short-listed teams to resubmit proposals. The county board shall then pay a reasonable stipulated fee to each short-listed, responsible proposer who provides a responsive but unsuccessful proposal in response to the reissued request for proposals. When the reissued request for proposals specifies a maximum price, the stipend shall be awarded if the proposal is responsive in all other aspects but comes in above the maximum price.
2002 c 393 s 61; 2007 c 70 s 6; 2013 c 97 s 7
Structure Minnesota Statutes
Chapters 370 - 403 — Counties, County Officers, Regional Authorities
Chapter 383B — Hennepin County
Section 383B.021 — Compensation.
Section 383B.025 — County Board Appoints Auditor, Treasurer, Recorder.
Section 383B.031 — Board Vacancies: More Or Not More Than Six Months Out.
Section 383B.035 — County To Pay City, Town Special Election Expenses.
Section 383B.041 — Campaign Financing, Disclosure Of Economic Interests.
Section 383B.058 — Local Ordinances And Charters Superseded.
Section 383B.061 — Legislative Research Committee.
Section 383B.063 — Fort Snelling Precinct.
Section 383B.101 — County Administrator's Office; Establishment.
Section 383B.102 — Powers And Duties.
Section 383B.103 — Compensation; Removal.
Section 383B.111 — Budget And Financial Administration.
Section 383B.112 — Annual Budget.
Section 383B.113 — Long-range Capital Program.
Section 383B.114 — Appropriations And Tax Levy.
Section 383B.115 — Amendments.
Section 383B.116 — Payment Procedures And Accounting.
Section 383B.1161 — Electronic Approvals.
Section 383B.1162 — Credit Cards.
Section 383B.117 — Certificates Of Indebtedness.
Section 383B.119 — Financial Statements And Audits.
Section 383B.121 — Adult Corrections Facility.
Section 383B.122 — Superintendent.
Section 383B.124 — Work Release Program.
Section 383B.125 — Board May Run Factory With Inmates And Staff.
Section 383B.126 — Board May Lease Space Out To Run Factory.
Section 383B.127 — Diminution Of Sentence.
Section 383B.128 — Place Of Crime Must Pay Workhouse Inmate Daily Expense.
Section 383B.129 — Inmates From Other Jurisdictions.
Section 383B.141 — Authorization.
Section 383B.143 — Contracts For Purchases.
Section 383B.144 — Prequalification.
Section 383B.145 — Competitive Bidding.
Section 383B.146 — Purchases Consistent With Law.
Section 383B.147 — Vendor Discounts.
Section 383B.148 — Rules And Regulations.
Section 383B.149 — Purchases Or Contracts Forbidden.
Section 383B.151 — Financial Interest Forbidden.
Section 383B.1511 — Job Order Contracting.
Section 383B.152 — Building And Maintenance Fund.
Section 383B.153 — Contingent Account.
Section 383B.155 — Self-insurance.
Section 383B.158 — Design-build Contracts.
Section 383B.1581 — Design-build Process.
Section 383B.1582 — Rfp For Design-build.
Section 383B.1583 — Replacing Team Members.
Section 383B.1584 — Design-build Award.
Section 383B.1588 — Energy Forward Pricing Mechanisms.
Section 383B.159 — Real Property Leases.
Section 383B.20 — Parking Facilities.
Section 383B.203 — Certification Of Tax Lists.
Section 383B.205 — Special Assessments; Certification Fee.
Section 383B.207 — Special Assessments; Computation Of Interest.
Section 383B.211 — Authorization.
Section 383B.213 — Powers And Duties.
Section 383B.215 — Additional Authority.
Section 383B.217 — Hmo And Clinics.
Section 383B.218 — Bonding Authority; Hennepin County Medical Building.
Section 383B.219 — Ambulatory Health Centers And Clinics.
Section 383B.221 — Emergency Medical Service.
Section 383B.223 — Food Service.
Section 383B.229 — Existing Health Service Programs Not Affected.
Section 383B.235 — 80 Percent Of Council Must Ok Minneapolis Waste Burner.
Section 383B.236 — Waste Management.
Section 383B.237 — Library System.
Section 383B.245 — Library Levy.
Section 383B.251 — License Bureau.
Section 383B.255 — Public Safety Communications.
Section 383B.257 — County May Run Central Mobile Equipment Division.
Section 383B.259 — Pistol Range.
Section 383B.26 — Human Resources System; Purpose.
Section 383B.27 — Definitions For Human Resources Board And Department.
Section 383B.28 — Human Resources Board.
Section 383B.29 — Duties Of Human Resources Board.
Section 383B.30 — Director; Selection.
Section 383B.31 — Duties Of Human Resources Director.
Section 383B.32 — Unclassified And Classified Service.
Section 383B.34 — Classification Of Employees.
Section 383B.36 — Party To Litigation.
Section 383B.37 — Interference With Exam, Applicants; Political Activity.
Section 383B.38 — Removals, Suspensions, And Demotions.
Section 383B.389 — Disaster Volunteer Leave.
Section 383B.39 — Veterans To Be Given Preferential Rating.
Section 383B.41 — Discrimination.
Section 383B.42 — Appropriation Of Funds.
Section 383B.45 — County Board To Fix Time, Manner To Pay Salaries.
Section 383B.453 — Bond Of County Recorder Deputy.
Section 383B.455 — Legal Officers' Salaries.
Section 383B.457 — Officers' Salaries.
Section 383B.46 — Supplemental Retirement Account.
Section 383B.47 — Investment Of Retirement Money.
Section 383B.48 — Buying State Supplemental Investment Fund Shares.
Section 383B.49 — Supplemental Retirement Benefits; Redemption Of Shares.
Section 383B.491 — Minnesota State Retirement System Billing Authority.
Section 383B.493 — Withdrawal From Participation.
Section 383B.51 — No Assignment Or Garnishment.
Section 383B.52 — Administration Costs.
Section 383B.56 — Board May Regulate Public, Private Ambulances.
Section 383B.562 — Government Center; Liquor.
Section 383B.565 — Plats And Surveys; Approval.
Section 383B.60 — Special Permits; Seasonal Contractor's Permit; Fees.
Section 383B.603 — Board May File County Highway Maps For Record.
Section 383B.606 — Seasonal Load Limits.
Section 383B.608 — Local Road Aid.
Section 383B.61 — Transfer Of Drainage Systems.
Section 383B.611 — Probation And Investigation Department, Creation.
Section 383B.612 — Director Of Court Services; Other Employees.
Section 383B.613 — Duties Of Department.
Section 383B.614 — Space, Supplies, Expenses, Officer's Powers, Bond; Records.
Section 383B.63 — Public Defender For Crimes, Misdemeanors, Ordinances.
Section 383B.65 — Contracts, Leases With Bloomington For Court Space.
Section 383B.68 — Board Of Park District Commissioners.
Section 383B.70 — Compensation Of Commissioners.
Section 383B.702 — Depositories.
Section 383B.703 — District Renaming.
Section 383B.71 — Trail System.
Section 383B.72 — Land Acquisition; Town Consent.
Section 383B.73 — Park District Tax Levy.
Section 383B.75 — Municipal Building Commission.
Section 383B.751 — Care And Control Of Building.
Section 383B.752 — Expenses; Warrants.
Section 383B.753 — Exclusive Control.
Section 383B.754 — Budget Date.
Section 383B.77 — Hennepin County Housing And Redevelopment Authority.
Section 383B.78 — Bathing Beaches.
Section 383B.79 — Multijurisdictional Program.
Section 383B.80 — Hennepin County Deed And Mortgage Tax.
Section 383B.81 — Environmental Response Fund.
Section 383B.82 — Wind And Solar Business Entity Participation.
Section 383B.901 — Creation Of A County Subsidiary Corporation.
Section 383B.902 — Definitions.
Section 383B.907 — Corporate Powers.
Section 383B.908 — Limitations Upon Corporate Powers; Reserved Powers.
Section 383B.909 — Corporate Seal.
Section 383B.910 — Board Meetings.
Section 383B.911 — Public Depository.
Section 383B.912 — Transfer Of Rights.
Section 383B.913 — Lease Or Transfer Of Assets.
Section 383B.914 — Status Of Present Employees; Bargaining Units; Retirement Coverage.
Section 383B.915 — Bonding Authority Of Corporation.
Section 383B.916 — Financing Through County.
Section 383B.917 — Open Meeting Law; Government Data Practices Act.
Section 383B.918 — Health Services Plan.
Section 383B.919 — Tort Liability.
Section 383B.920 — Revenue Recapture Act.
Section 383B.921 — Purchasing.
Section 383B.922 — Legal Counsel.
Section 383B.923 — Self-insurance.
Section 383B.924 — Hospital Authorities.
Section 383B.925 — Tax-exempt Status.
Section 383B.927 — Intergovernmental Transfers.