39-2816. Submission of proposals; sealed; rank of design-builders; negotiation of contract.

(1) Design-builders shall submit proposals as required by the request for proposals. A contracting agency may meet with individual design-builders prior to the time of submitting the proposal and may have discussions concerning alternative technical concepts. If an alternative technical concept provides a solution that is equal to or better than the requirements in the request for proposals and the alternative technical concept is acceptable to the contracting agency, it may be incorporated as part of the proposal by the design-builder. Notwithstanding any other provision of state law to the contrary, alternative technical concepts shall be confidential and not disclosed to other design-builders or members of the public from the time the proposals are submitted until such proposals are opened by the contracting agency.

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

(3) Proposals may be withdrawn at any time prior to the opening of such proposals in which case no stipend shall be paid. The contracting agency shall have the right to reject any and all proposals at no cost to the contracting agency other than any stipend for design-builders who have submitted responsive proposals. The contracting agency may thereafter solicit new proposals using the same or different project performance criteria or may cancel the design-build solicitation.

(4) The contracting agency shall rank the design-builders in order of best value pursuant to the criteria in the request for proposals. The contracting agency may meet with design-builders prior to ranking.

(5) The contracting agency may attempt to negotiate a design-build contract with the highest ranked design-builder selected by the contracting agency and may enter into a design-build contract after negotiations. If the contracting agency is unable to negotiate a satisfactory design-build contract with the highest ranked design-builder, the contracting agency may terminate negotiations with that design-builder. The contracting agency may then undertake negotiations with the second highest ranked design-builder and may enter into a design-build contract after negotiations. If the contracting agency is unable to negotiate a satisfactory contract with the second highest ranked design-builder, the contracting agency may undertake negotiations with the third highest ranked design-builder, if any, and may enter into a design-build contract after negotiations.

(6) If the contracting agency is unable to negotiate a satisfactory contract with any of the ranked design-builders, the contracting agency may either revise the request for proposals and solicit new proposals or cancel the design-build process under sections 39-2808 to 39-2824.

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