SECTION 260:65-19-12. Proposals

(a)   Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the RFP.

(b)   Upon expiration of the time established for making proposals as set forth in the RFP, all proposals received shall be submitted to and evaluated by the Selection Committee.

(c)   Clarifications may be required to ensure conformance of proposals with the evaluation factors. Clarifications may require revised price and/or technical proposals. No proposal shall be considered until the Selection Committee issues certification that the proposal is consistent with evaluation factors.

(d)   No proposal for a design-build contract may be accepted unless the Selection Committee determines that there was adequate competition for such contract.

(e)   Proposals shall establish a cost of the design-build contract, which will not be exceeded if the proposal is accepted without change.

(f)   Proposals may allow the design-builder to identify subcontractors to whom the design-builder proposes to delegate obligations under the design-build contract. Entities so identified will not be replaced without the approval of the state agency, or the award may be revoked.

(g)   Each design-build team must include licensed architects and engineers independent from the state agency's design professional. The design-build team's licensed architects and engineers must be named in the proposal submitted to the state agency.

(h)   The state agency shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of this Chapter. The state agency may thereafter solicit new proposals using the same or different evaluation factors, budget constraints, or qualifications.

(i)   The state agency shall maintain the secrecy and confidentiality of all proposals and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builder's competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.

(j)   When a design-builder receives notification from a state agency that its proposal has not been accepted, the design-builder may, within seven (7) days, submit a written request for a written explanation of the selection process to the state agency.

(k)   Proposals may be withdrawn for any reason at any time prior to acceptance.

(l)   Written notice of the acceptance of a proposal shall be delivered to the design-builder that submitted the accepted proposal. The state agency shall deliver written notice to the unsuccessful design-builders that their proposals were not accepted at the same time the notice of acceptance is delivered.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]