Construction Contract Dispute Resolution Services

Questions and Answers

Posted 8-16-2011

  1. In paragraph 11 on page 3 of the RFP, its states the following:

If your firm performs work on a fixed hourly rate or unit rate basis, include a breakdown (labor, overhead, profit & expenses) showing how the rate was derived. If your firm performs work on a cost plus fixed fee (profit) basis, provide your Overhead Rate, which must not exceed 160%. The responder must utilize their current MnDOT approved Overhead rate, not to exceed 160%.

Does the overhead rate of 160% only apply to cost plus fixed fee (profit) basis, or does it apply to both the fixed hourly (or unit) rate and the cost plus fixed fee?

Answer: It applies to both. The overhead rate that you use to calculate your fixed hourly rate cannot exceed 160%.

Posted 8-16-2011

  1. On page 4,the RFP states that“responders must limit their proposals to 40 pages not including the cover letter and required forms.” Then page 3 asks for three examples of the responder’s work for each category. You give a limit of five pagesfor each example.The typical work product for these services includes expert reports.It’s a very rare case for an expert report related to a construction issue or dispute to be under 10 pages.Even if the responder could demonstratethe quality of their work product in under five pages per example,thatcould amount to 35 pages of material.Should the work examples be omitted from the40 page limit?

Answer: The proposal must be limited to 40 pages not including the cover letter, required forms and exhibits of work. The 3 examples requested in number 6 on page 3 are referring to executive summaries not an actual exhibit of work. Exhibits of work may be submitted and will not count towards the 40 page limit.

Posted 8-16-2011

  1. Given thesignificantimpactyour answer toquestion#1 will have on the responder’s proposals, is it possible to get the answer before September 8th?

Answer: See above

Posted 8-22-11

  1. How many task orders have been issued in each program service category under MnDOT's current Dispute Resolution contracts?

Answer: Less than 10 contracts have been issued under this current certified list.

  1. What is the approximate value of services performed to date under the same current contracts?

Answer: The approximate value of the services preformed is between $10,000 and $70,000.

  1. RFP p. 1, 2nd paragraph under "Program Information & Operation," last line reads "This program is limited to contracts less than $100,000."Is the $100,000 a maximum task order value or a maximum two-year contract value?

Answer: Individual work orders contracts are issued on a project by project basis under this Program. Each work order contract cannot exceed $100,000.00.

  1. RFP p. 3, Item 9 “Conflicts of Interest“ and RFP p.5, 7th full paragraph, "Conflicts of Interest": Does MnDOT wish to see the Conflict of Interest and Disclosure Form in both the 40-page proposal response and in an appendix of all required forms and documents?

Answer: We only need one copy of this information. Either in the proposal or in the appendix.

  1. RFP p. 6, 8th and 9th paragraphs, "Certification Regarding Debarment ... Lower Tier Covered Transactions":Are responders to this RFP considered "prospective lower tier participants," or does this requirement apply to subcontractors to be engaged by responders in performance of task orders?

Answer: “Prospective lower tier participants” are subcontractors.