RFP AND CONTRACT PHASE Jeff Wassenaar P E

RFP AND CONTRACT PHASE Jeff Wassenaar, P. E. , HQ Project Development Benjamin Acimovic, P. E. , Region 1

Topics • CM/GC SEP-14 FHWA Programmatic Approval • FHWA involvement • Design Consultant, ICE, and Contractor Support • CM/GC RFP Development • CM/GC Procurement • Design and Construction Contract Templates • Industry Issues

FHWA Involvement • Special Experimental Project 14 Approval Process for CM/GC projects. • Contact the Innovative Contracting Program Manager and FHWA (if project has federal aid) as early as possible. • CDOT has a programmatic approval and files an annual report with FHWA that discusses CM/GC projects. Nabil Haddad will notify all CM/GC project teams about what information is needed to be tracked and reported.

Design Consultant, ICE, and Contractor Support • Procurement Phase Planning • Prior to developing the RFP, analyze your resources. • Determine experience and workload of the CDOT HQ and Region Staff. • Determine need for a design consultant and procurement method • Non-project specific task order or project specific procurement • Determine the need for an Independent Cost Estimator and procurement method • Non-project specific task order or project specific procurement • Plan the role of the contractor.

CM/GC RFP Development • ICAC – Innovative Contracting Advisory Committee • The standard CM/GC RFP template was developed in 2011 through ICAC and had ACEC, CCA, FHWA, CDOT, and CU Boulder input. • The RFP document has been modified according to feedback from the four current CM/GC projects after exposure during the procurement processes. • RFP Template structure and finalized boilerplate language will remain firm since it has been vetted and approved by ICAC. • Certain inputs and information will change project to project.

CM/GC RFP Development • Standard Template • The RFP must be developed by CDOT staff. If a design consultant is onboard, it may help with editing of the document. The RFP is the responsibility of the Project Manager. • What sections may be changed? • Any blue italicized RFP sections, words, and tables need to be revised for each project. Dates, times, project descriptions, etc. in any section. • Preconstruction Roles and Responsibilities matrix should be reviewed and revised.

CM/GC RFP Development • Standard Template • Section 4: Scope of Work • This is the section the project team has the most control over and should be thought through completely. • Scoring Weights and Categories • Weights can be adjusted but scoring categories are firm unless extra time is provided for ICAC review and approval of category changes. • Scoring Categories include Project Management Team/Capability of the Contractor, Project Approach, Project Innovations, and CM/GC Design Process.

CM/GC RFP Development • RFP Sections • Section 1: Introduction and General Information • Project Background, Description, and Resources, • Section 2: CM/GC Requirements and SOI/Proposal Instructions • Minimum Requirements, Layout, Key Event Schedule • Section 3: SOI/Proposal Content and Evaluation Criteria • Scoring Categories and Weights, Appendix D and E • Section 4: Scope of Work and CM/GC Services • Actual role, responsibilities, and tasks for preconstruction phase.

CM/GC RFP Development • Appendices • Appendix A: Sample CM/GC Services Contract • Appendix B: CM/GC Process for Construction • Appendix C: Acknowledgement and Attestation Forms • Appendix D: Scoring Forms • Appendix E: Construction General Conditions • Appendix F: References • Appendix G: Definitions • Appendix H: DBE Program

CM/GC Procurement • Procurement Timeline • Similar to the Consultant Design Selection Process • Make sure to account for enough time for the entire procurement process. This process includes: • Request Letters of Interest and informal briefings with contractors. This should be done 4 weeks before RFP is advertised. • Develop the RFP • Advertisement of the RFP (typically 4 -6 weeks) • Mandatory Pre-Proposal Meeting • Proposal Review, Ranking, Final Interviews (If Applicable) • Negotiations • Contract Signing • Take into account holidays, addendums, questions, and complex projects.

CM/GC Procurement • Scoring Panel Guidelines and Criteria • Choose your scoring panel carefully. Pick people who will score objectively and fairly. They need to be familiar with the project scope, goals, location, and have had the panel scoring training. • Design Consultant staff nor contactors may sit on scoring panels • No county, municipal, or other non-CDOT stakeholders may be on scoring panels unless they have a contributed interest ($) in the project and have taken the scoring training.

CM/GC Procurement • Scoring Panel Guidelines and Criteria • Balance the voting members (3 minimum, 5 practical maximum) • Two region voters can include: PE III (Mandatory), Project Manager, Resident Engineer. PE III is responsible for the selection process. • Other possible members could include technical experts: Geotechnical, Bridge, Traffic, ITS, Materials from FHWA or CDOT, the Innovative Contract Program Manager, or CM/GC Expert

CM/GC Procurement • Scoring Panel Guidelines and Criteria • There is an option to include an advisor who can be Nabil Haddad or CDOT CM/GC experienced staff. An advisor does not vote but can assist with the short list proposal scoring, reading of proposals, help with contractor feedback, or sit in on interviews. • Non-Disclosure and Conflict of interest forms are required for all CM/GC selection panel members and advisors • All contact during selection goes through the CDOT Project Manager and/or Engineering Contracts Officer as is standard.

CM/GC Procurement • Scoring Panel Guidelines and Criteria • Produce Scorebook for scoring members to know the evaluation rules and understand the scoring. • Prior to scoring and proposal distribution, schedule 1 to 3 hour scoring training session for panel members. • Schedule a 1 -3 hour short list panel meeting to rank proposers, identify and negotiate variances. • Example: 1 panel member scores a sections a 50 where another scores the same section a 80. What did each panel members see or not see as part of their scoring.

CM/GC Procurement • Scoring Panel Guidelines and Criteria • Scoring is a little different from consultant procurement • 0% - 100%, 5% increments • An “average” or “meets expectations” ranking would be approximately 40% to 60%.

CM/GC Procurement • Interview Phase • Typically 3 short listed proposers are invited to interview with the selection panel. • The interview consists of questions, a presentation, and could include a team challenge as part of the interview. • The interview process typically takes one full day.

CM/GC Procurement • CM/GC Management Price Percentage Proposal • This includes profit, overhead, and General and Administrative Costs (G&A) for any construction phase. This is used only for construction phases. • It is proposed as a percent (%) and is applied to the direct cost of the work for any construction phase. • Must be open book and show the proposer calculated their price percentage.

CM/GC Procurement • CM/GC Services Contract • After final selection, CDOT will negotiate direct costs and hours with the contractor and agree on a percent fee. This will be a cost + fixed fee contract very similar to our consultant contracts. • This is a contract with the selected contractor or contractor team that is for the design phase or preconstruction phase ONLY. • This contract will end when all of the design phase and any long lead time procurements are finalized and accepted.

Industry Issues • Panel Members and Feedback • Comments should be specific to each proposal, section, and scoring criteria. • What was liked and not liked. • What was missing or incomplete. • Were expectations met, exceeded, or not met. • Was there too much effort or too little effort shown in parts of the proposal. • Comments must be communicated effectively to the Engineering Contracts officer for the proposer debrief. • Each panel member is required to provide written comments for each section and proposer. The PE III review and approve the feedback.

RFP and Contract Phase • Questions?