Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides definitions used
				  throughout this chapter.
(1)
				Unless otherwise specified, in addition to the definitions provided for in this
				rule, the definitions in Title 23, United States Code (U.S.C.) section 101(a)
				are applicable to this chapter whether or not specifically restated, or revised
				herein, and in their unrevisel form to the extent not in conflict with this
				chapter. Title
				23 U.S.C. section
				101(a) is incorporated by
				reference into and made a part of this rule as published by the United States
				Superintendent of Documents, 732 N Capitol Street N W, Washington, D.C.
				20402-0001, website:
http://bookstore.gpo.gov
on January 1,
				2012. This rule does not incorporate any subsequent amendments or additions to
				the United States Code in
				23 U.S.C.
				101(a).
(2) Adjusted low bid means a form of best
				value selection in which qualitative aspects are scored on a numerical scale
				expressed as a decimal; price is then divided by qualitative score to yield an
				"adjusted bid" or "price per quality point." Award is made to proposer with the
				lowest adjusted bid.
(3) Alternate
				technical concept (ATC) means alternative concepts to the technical design
				requirements in the Request for Proposal (RFP) that are equal or better in
				quality or effect as determined by the contracting agency in its sole
				discretion and which have successfully been used elsewhere under comparable
				circumstances. A concept is not an ATC if it merely seeks to reduce quantities,
				performance, or reliability, or seeks a relaxation of the contract
				requirements.
(4) Best value
				selection means any selection process in which proposals contain both price and
				qualitative components and award is based upon a combination of price and
				qualitative considerations.
(5)
				Clarifications means a written or oral exchange of information that takes place
				after the receipt of proposals when award without discussions is contemplated.
				The purpose of clarifications is to address minor or clerical revisions in a
				proposal.
(6) Commission means the
				Missouri Highways and Transportation Commission.
(7) Communications are exchanges, between the
				contracting agency and proposers, after receipt of proposals, which lead to the
				establishment of the competitive range.
(8) Competitive acquisition means an
				acquisition process that is designed to foster an impartial and comprehensive
				evaluation of proposers' proposals, leading to the selection of the proposal
				representing the best value to the contracting agency.
(9) Competitive range means a list of the
				most highly rated proposals based on the initial proposal rankings. It is based
				on the rating of each proposal against all evaluation criteria.
(10) Construction means the supervising,
				inspecting, actual building, and incurrence of all costs incidental to the
				construction or reconstruction of a highway, including bond costs and other
				costs relating to the issuance of bonds whether in accordance with
				23
				U.S.C. section 122 or other debt financing
				instruments and costs incurred by the state in performing project related
				audits that directly benefit the state highway program. Title
				23
				U.S.C. section 122 is incorporated by
				reference into and made a part of this rule as published by the United States
				Superintendent of Documents, 732 N Capitol Street N W, Washington, D.C.
				20402-0001, website:
http://bookstore.gpo.gov
on January 1,
				2012. This rule does not incorporate any subsequent amendments or additions to
				the United States Code in
				23
				U.S.C. 122. Such term includes:
(A) Locating, surveying, and mapping
				(including the establishment of temporary and permanent geodetic markers in
				accordance with specifications of the National Oceanic and Atmospheric
				Administration of the Department of Commerce);
(B) Resurfacing, restoration, and
				rehabilitation;
(C) Acquisition of
				rights-of-way;
(D) Relocation
				assistance, acquisition of replacement housing sites, and acquisition and
				rehabilitation, relocation, and construction of replacement housing;
(E) Elimination of hazards of railway grade
				crossings;
(F) Elimination of
				roadside obstacles;
(G)
				Improvements that directly facilitate and control traffic flow, such as grade
				separation of intersections, widening of lanes, channelization of traffic,
				traffic control systems, and passenger loading and unloading areas;
				and
(H) Capital improvements that
				directly facilitate an effective vehicle weight enforcement program, such as
				scales (fixed and portable), scale pits, scale installation, and scale
				houses.