Florida Department of Transportation
Notice to Contractors / Consultants:
The Department of Transportation (Department) is soliciting contracting and consulting services for the Design-Build projects identified below.
QUALIFICATION REQUIREMENTS: Design-Build Firms must be qualified in accordance with Rule
Chapter 14-91, Florida Administrative Code. Design-Build Firms shall satisfy the technical qualification requirements of Rule 14-75, and all qualification requirements of Rule Chapter 14-22,
Florida Administrative Code. The Contractor or Joint Venture members collectively, must be qualified in the advertised Construction Contractor Work Classes. The Contractor or Joint Venture
cannot utilize subcontractors to meet the qualification requirements for the Construction Work Classes. The design consultant may utilize subconsultants to meet the advertised Professional
Services Work Type requirements. All qualification requirements must be met prior to the Response Deadline. Two or more qualified parties submitting as a Joint Venture must meet the Joint
Venture requirements of Rule Chapter 14-22, specifically Rule 14-22.007, Florida Administrative Code. Parties to a Joint Venture must submit a Declaration of Joint Venture, Form No. 375-020-18,
and receive approval from the Department prior to the Response Deadline for Letters of Interest (LOI) or submittal of the Proposal, whichever occurs first.
NEW FORM MUST BE SUBMITTED FOR BRIDGE DESIGN PROJECTS: Design-Build Firms responding to
advertisements requiring Group 4 Bridge Design work type qualification must submit a completed and signed Bridge Qualification Form along with the LOI, by the date/time deadline
established for the LOI. Please refer to this preamble and the specific project advertisement for other submittal directions.
CONSULTANT ELIGIBILITY: It is a basic tenet of the Department's contracting program that contracts
are procured in a fair, open, and competitive manner. The Department requires that consultants representing the Department must be free of conflicting professional or personal interests. In
order to prevent potential conflicts of interest, the Department has established guidelines to be followed by design consultants. Please familiarize yourself with the requirements of Procedure
No.375-030-006, also known as: "Restriction on Consultants' Eligibility to Compete for Department Contracts." By submitting an LOI or Bid/Price Proposal as part of a Design-Build Firm, or
Joint Venture, the design consultant certifies that they are in compliance with Procedure No. 375-030-006. This procedure is available at the following link: Procedure 375-030-006 A Proposal
Guaranty of not less than five percent (5%) of the total actual Bid/Price Proposal in the form of either a certified check, cashier's check, trust company treasurer's check, bank draft of any
national or state bank, or a Surety Bid Bond made payable to the Florida Department of Transportation must accompany each Bid/Price Proposal in excess of $150,000. A check or draft in any amount less than
five percent (5%) of the actual Bid/Price Proposal will invalidate the Bid/Price Proposal. Bid bonds shall conform to DOT Form No. 375-020-34 furnished with the Bid/Price Proposal.
For those projects designated as ADJUSTED SCORE TYPE, the Department will conduct a two-phase design-build procurement process. For Phase I, qualified Design-Build Firms must submit an LOI
for each project in which they are interested, to the indicated requesting unit by the time and date indicated as the Response Deadline. It is the responsibility of the Design-Build firm to
insure that the complete LOI is timely received by the Department. The LOI will be limited to ten (10) 8½"x11" pages with a minimum font size of ten (10). In the LOI, please provide the
name, address, phone number, and e-mail address for the Design-Build Firm contact person; the qualification status of the contractor and design consultant as part of the Design-Build Firm,
and the key companies and key personnel proposed as participating in the Project. Resumes may be separately submitted, but are limited to one 8½"x11" page each. Resumes are not counted
toward the ten(10) page limitation. Please provide one (1) page resumes for each of the following nine (9) key staff positions, as applicable:
- Construction Project Manager
- Construction Design-Build Coordinator
- Construction Roadway Superintendent
- Construction Structures Superintendent
- Construction Superintendent - Specialty (Project Specific Requirement)
- Design Project Manager
- Design Roadway Engineer of Record
- Design Structures Engineer of Record
- Design Engineer of Record - Specialty (Project Specific Requirement)
A one(1) page 11"x17"organization chart shall be provided, and is also excluded from the page count. Please note: If the contractor and/or design consultant do not have performance history
working with the Department or if the performance history is no longer current (older than 5 years), they are permitted to submit evidence of their past performance, including evaluations or grades and letters of reference, or recommendations (provide contact
information for verification purposes). The past performance information is limited to three (3) 8½"x11" pages total, and is restricted to firms without performance history with the Department and/or to firms whose performance history with the Department is no longer current (older than 5 years).
The additional three pages will not count toward the ten (10) page limitation of the LOI. Note: Resumes, Organizational Chart and three (3) pages of Performance History with the Department are not considered in the
ten (10) page count/limitation. Cover sheets, photos, charts, etc. or other documentation not specifically listed as exclusions will be considered in the page count limitation.
The Department will judge the relative ability of each submitting company/entity to perform the required services based on qualification information and the LOI. Unless otherwise noted in
the specific Design-Build advertisement, the criteria for evaluating the Phase I submittals will include:
- Design-Build Firm Name and prequalifications
- Past Performance Evaluations, Design-Build Project Experience, Organization, and Staffing (0-7 Total Points):
- Contractor Grades
- Professional Consultant Grades
- Performance History with other States or Agencies, if none with the Department
- Design-Build Project experience of the Contractor and Professional Consultant
- Similar types of work experience
- Environmental Record
- Contractor Experience Modification Rating (Current Year)
- Design-Build Firm organization
- Design-Build Firm staffing plan
- Design-Build Firm coordination plan
- Design-Build Project Requirements and Critical Issues (0-13 Total Points):
- Understanding of Design-Build Project Requirements
- Identification of critical issues
- Outline for addressing critical issues
Relative weightings for all Phase I criteria are specified within the project advertisement. All qualified firms submitting a responsive LOI will be scored on a scale of 0-20 points(Phase I).
The responsive Design-Build Firms will be informed of the Phase I scores. By the deadline specified in the advertisement, Design-Build Firms are required to advise the Department in writing of their intent to continue to Phase II. Design-Build Firms that do not declare affirmatively in writing by the stated deadline will not be permitted to continue
on to Phase II of the Design-Build procurement process. The Department will post the Short-List (i.e. those responsive Design-Build Firms that have timely and affirmatively declared in writing) to
the Department's website on the date shown below. Design-Build Firms who timely and affirmatively declare their intent in writing to the Department will be issued a Request for Proposal(RFP) that will include the Short-List of Design-Build Firms, representing all responsive Phase I Design-Build Firms that have elected to continue on to the Phase
II Technical Proposal stage. The requirements for Phase II Technical Proposals will be described in the RFP. Phase II Technical Proposals will be scored on an 80 point scale. The total score from Phase I and Phase II will be added to determine the Design-Build Firm's Total Technical Score. Unless otherwise specified in the RFP, the award of the
Project will be determined on a Total Adjusted Score as shown in the RFP based on both the Bid/Price Proposal and Technical Score.
The Phase I and the combined Phase I and Phase II results will be posted on the Department's website: (www.dot.state.fl.us/procurement) on the indicated date. Public meeting dates and times are provided with new listed projects. All public meetings will be held in District headquarters unless otherwise noted. Changes to meeting dates and times will be updated on
the Department's website. The agenda for all public meetings is as follows: a) Opening Remarks (approx. 3 minutes); b) Public Input (15 minutes); c) Department business; d) Closing. For more information, contact the designated
responsible office. The Short-Listed firms (consisting of all Design-Build Firms timely and affirmatively electing in writing to proceed) will be provided a RFP containing a design criteria package and requested to provide a Technical Proposal and Bid/Price Proposal for the Project. The selection results will be posted on the Department's website
at the date and time indicated in the advertisement. Partners/Teaming Arrangements or proposed key staff of the Design-Build Firm shall not be changed after submittal of the LOI on ADJUSTED SCORE TYPE projects without written consent of the Department. Failure to receive approval on such a change may result in the Proposal being declared non-responsive.
RESPONSE PROCEDURE FOR ADJUSTED SCORE TYPE: The LOI and required attachments shall be submitted electronically in adobe.pdf format (unzipped) and attached to a single email. The Department has a 10 MB limit on email. Emails that exceed this 10 MB email server limit may be rejected by the Department's email server. It is solely the Design Build Firm's responsibility
to ensure that the LOI is received by the Department's server by the LOI due date and time. Only (1) LOI per legal entity is acceptable. All LOI files should be sent to the indicated requesting unit, and must be received by the Department by the Phase I LOI response deadline shown below.
For those projects designated as LOW BID TYPE, Technical and Bid/Price Proposals must be submitted by the date and time indicated in the Advertisement. It is the responsibility of the Design-Build Firms to insure that Technical and Bid/Price Proposals are timely received.
For Low Bid Type projects, an RFP may be requested by any interested party at the response address provided below. The deadline for obtaining bid packages shall be 24 hours prior to scheduled letting date and time. In order to receive bid documents, the Design Build firm must complete Low Bid Design-Build Qualification Validation Form No. 700-011-36,
for all qualifying team members, at least 24 hours in advance of the scheduled letting. The form shall be submitted to the appropriate district, who will confirm qualification for the prospective Design-Build Firm. The form must be submitted at least 24 hours in advance of the response deadline (Bids Due Date/Bid Opening Date).
Low Bid Technical Proposals shall be submitted using Low Bid Design-Build Technical Proposal Form No. 700-010-21. The Technical Proposal of the low
bid Proposer will then be reviewed to determine its responsiveness. If found to be non-responsive, the next lowest bid Proposer will be considered. A Proposal will be considered non-responsive if it does not contain all of the information and level of detail requested in the RFP. All Bid Openings and public meetings will be held in District headquarters unless otherwise noted. Changes to
meeting dates and times will be updated on the Department's website. The agenda for all public meetings is as follows: a) Opening Remarks (approx. 3 minutes); b) Public Input (15 minutes); c) Department business; d) Closing. For more information, contact the designated responsible office. The selection results will be posted on the Department's
Website at the date and time indicated in the advertisement. Partners/Teaming Arrangements or key staff of the Design-Build Firm shall not be changed after submittal of the Proposal on LOW BID TYPE projects without written consent of the Department. Failure to receive approval on such a change will result in the Proposal being declared non-responsive.
RESPONSE PROCEDURE FOR LOW BID TYPE: The Technical Proposal and required attachments shall be submitted electronically in adobe.pdf format (unzipped) and attached to a single email. The Department has a
10MB limit on email. Emails that exceed this
10MB email server limit may be rejected by the Department's email server. It is solely the Design Build Firm's responsibility to ensure that
the Technical Proposal is received by the Department's server by the due date and time. Only (1) Technical Proposal per legal entity is acceptable. All Technical Proposal files should be sent to the indicated requesting unit and must be received by the Department by the response deadline shown below.
Note: The Department reserves the right to reject all Proposals and/or to waive minor Proposal irregularities.
The Contractor or Lead Design Consultant shall not team with other Proposers to submit more than one Proposal per project.
COMMUNICATIONS BETWEEN DESIGN-BUILD FIRMS AND DEPARTMENT: Respondents to these solicitations or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except
in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. In order to ensure a fair, competitive, and open process, once a project is advertised under Current Advertisements, all communications between interested firms and the Department must be directed to the Department's Prebid Question and Answer website.
It is the responsibility of the Design-Build Firm to review the Prebid Question and Answer website and the project advertisement for updates prior to the LOI Response Deadline.
Pursuant to Sections 120.57(3) and 337.11, Florida Statutes, and Rule Chapter 28-110, Florida Administrative Code, any person adversely affected by the agency decision or intended decision shall file with the agency both a notice of protest in writing and bond within 72 hours after the posting of the notice of decision or intended decision, or posting of the solicitation
with respect to a protest of the terms, conditions, and specifications contained in a solicitation and will file a formal written protest within ten days after the filing of the notice of protest. The required notice of protest and bond, and formal written protest must each be timely filed with the Florida Department of Transportation, Clerk of Agency Proceedings, 605 Suwannee St, Mail Station 58, Tallahassee FL 32399-0458. Failure to file a notice of protest or formal written protest within the time prescribed in section 120.57(3), Florida
Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120 Florida Statutes.
The Department will pay stipends only to the Short-Listed Design-Build Firms with the first and second highest Letter of Interest Scores based on the following guidelines:
- The Design-Build Firm must submit responsive Technical and Price Proposal in Phase II in order to be eligible for a stipend.
- The Design-Build Firm who is ultimately awarded the Contract is not eligible for a stipend.
- The Design-Build Firm must execute with original signatures and have delivered to the Department within one (1) week after the Short-List protest period, four (4) originals
of the Design-Build Stipend Agreement, Form No. 700-011-14. Terms of said agreement are non-negotiable. A fully executed copy of the Design-Build Stipend Agreement will be returned to the Design-Build Firm.
- If after removing the successful Design-Build Firm's Letter of Interest Score, there are two or more Design-Build Firms with the same highest Letter of Interest Score,
only the non-selected responsive Design-Build Firms with the highest scores will be eligible to receive a stipend
- If after removing the successful Design-Build Firm's Letter of Interest Score, there is one responsive Design-Build Firm with the highest Letter of Interest Score,
and two or more responsive Design-Build Firms with the same Letter of Interest Score, then the responsive Design-Build Firm with the highest score, and all the responsive Design-Build Firms with the second highest score will be eligible to receive a stipend.
DBE AND NON-DBE SMALL BUSINESS ASPIRATION GOAL: It is the policy of FDOT to encourage the participation of small businesses and disadvantaged business enterprises ("DBE") in all facets of the business activities of FDOT, consistent with applicable laws and regulations. FDOT has established an aspiration
goal of 10% DBE usage and an additional 3% non-DBE Small Business usage for the subject Project. Firms proposing for this Project shall aspire to have ten percent (10%) or more of the total contract costs performed by DBEs, and an additional three percent (3%) or more of the total contract costs performed by non-DBE small businesses. Although not a
contract requirement, FDOT believes that the aforementioned aspiration goal can realistically be achieved based on current availability of DBEs and small businesses. FDOT further believes that the 13% overall goal can be achieved through race neutral means, using standard competitive procurement processes. Pursuant to the provisions of Section 339.0805, Florida Statutes, and
Rule 14.78.005, Florida Administrative Code, FDOT has adopted rules to provide certified DBEs opportunities to participate in the business activities of FDOT as vendors, contractors, subcontractors, and consultants. FDOT has adopted the DBE definition set forth in Code 49 of Federal Regulations Section 26.5. The Department's DBE directory may be found at the following website: https://www3.dot.state.fl.us/EqualOpportunityOffice/biznet/mainmenu.asp
Firms agree to apply their best efforts to utilize qualified non-DBE small businesses as vendors, contractors, subcontractors, and consultants for the Project. Qualifications for small businesses may be found at the following website: http://www.dot.state.fl.us/EqualOpportunityOffice/sizeStandards.shtm
Firms will submit the Aspiration Goal Form for "DBE" and "Non-DBE Small Business" Firms at the Pre-Construction Conference.
COMPLIANCE WITH NONDISCRIMINATION STATUTES AND AUTHORITIES:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin); and 49 CFR Part 21; The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects); Federal-Aid
Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR
Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C.
§ 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section
47123), as amended, (prohibits discrimination based on race, creed,
color, national origin, or sex); The Civil Rights Restoration Act of
1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination
Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to
include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or
activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as
implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38; The Federal Aviation Administration’s
Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and
sex); Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority
populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental
effects on minority and low-income populations; Executive Order
13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100); Title IX of the Education Amendments of 1972, as amended,
which prohibits you from discriminating because of sex in education
programs or activities (20 U.S.C. 1681 et seq).