CMaR Proposal Document Albia FINAL v1.pdf

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Attached to
Construction Manager at Risk for Jefferson and Albia
Solicitation number
645-RFP-1728-2025
Issued by
Jasper County, Alburnett City, Iowa

About this file

Summary of CMaR Proposal Document for Albia Maintenance Garage

This is a Request for Proposal (RFP) document issued by the Iowa Department of Transportation (Iowa DOT) soliciting Construction Manager at Risk (CMaR) services for the construction of a new Albia Maintenance Garage facility. The project encompasses construction of a new 17,190 to 18,000 square-foot maintenance garage, a separate 4,800 to 5,440 square-foot heated building for paint storage and crew vehicles, and a 7,200 square-foot salt storage structure (1,500-ton capacity plus 500-ton 50/50 storage). The project includes site development, utility improvements, and demolition of existing structures, with construction consisting of concrete foundations, precast insulated wall panels, EPDM roofing, sprinkler systems, heating/cooling systems, and electrical infrastructure reusing an existing generator. Plans are currently at 70% completion for mechanical, electrical, plumbing, civil, and structural elements. The RFP is scheduled with a pre-proposal conference on April 30, 2025, at 11:00 AM CST, a question submission cutoff of May 4, 2025, at 10:00 PM CST, and proposal submissions due May 15, 2025, at 1:00 PM CST via the Iowa DOT's IMPACS bid system. The anticipated contract start date is June 18, 2025, with Phase 1 substantial completion targeted for June 2027 and Phase 2 completion by June 2028. The project is divided into two construction phases to maintain operational continuity at the existing facility during construction.

The approximate construction value is $5,800,000 to $6,500,000, and selected firms must provide a Guaranteed Maximum Price (GMP) and Guaranteed Delivery Date (GDD) for project completion. Performance incentives of $2,000 per day are offered if substantial completion occurs before the scheduled date, with corresponding liquidated damages of $2,000 per day for delays beyond the completion date. The CM is responsible for pre-construction services, constructability reviews, cost savings analysis, scheduling, bidding and award of trade contracts, and full construction management. A performance and payment bond equal to 100% of the GMP is required prior to contract execution. Responding firms must be registered to do business in Iowa, possess current contractor registration numbers from the Iowa Department of Inspections, Appeals & Licensing, and confirm they are not debarred from state contracting. Evaluation will be qualification-based, with selection criteria including firm history and information, relevant project experience, project team qualifications, project approach, and location responsiveness. Up to three highest-ranked firms may be invited to present to an evaluation committee, with the Iowa DOT retaining the right to negotiate fees and reject any or all proposals. All submitted materials become property of the Iowa DOT and are subject to Iowa's Open Records Act.

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Iowa Department of

Transportation

645-RFP-1728-2025

REQUEST FOR PROPOSAL

FOR

CONSTRUCTION MANAGER AT RISK

FOR

ALBIA MAINTAINENANCE GARAGE

THE RESPONSIBILITY FOR SUBMITTING AN ELECTRONIC BID RESPONSE USING

DOT’S IMPACS BID SYSTEM ON OR BEFORE THE STATED DATE AND TIME WILL BE

SOLELY AND STRICTLY THE RESPONSIBILITY OF THE OFFEROR.

IOWA DEPARTMENT OF

TRANSPORTATION

REQUEST FOR

QUALIFICATION FOR

CONSTRUCTION MANAGER AT RISK FOR

ALBIA MAINTENANCE GARAGE

SECTION I - REQUEST FOR PROPOSAL OVERVIEW

1.0 PURPOSE

The Iowa Department of Transportation is accepting sealed proposals from qualified firms for

CONSTRUCTION MANAGER AT RISK Services for the construction of the new Albia

Maintenance Garage.

1.1 INFORMATION TO CONSTRUCTION FIRMS

RFP TIMETABLE

The anticipated schedule of events for the RFP is as follows:

RFP Available

Highly Recommended Pre-Proposal

Conference.

Cutoff date for electronic questions submission

Cutoff for Proposal submission

Evaluation of RFP responses

Negotiations & posting of the weighted matrix.

Contract start date.

Construction Substantial completion date

1.1.1 Acronyms

Request for Proposal- RFP

Iowa Department of Transportation (Owner) –

IDOT, DOT

Construction Manager- CM

Construction Manager at Risk- CMaR

Guaranteed Delivery Date- GDD

Guaranteed Maximum Price- GMP

Central Standard Time- CST

April 24, 2025

April 30, at 11:00 am CST

May 4, 2025, at 10:00 p.m. CST

May 15, 2025, 1:00p.m. CST

June 18, 2025, Signed executed contract date.

June 30, 2028

1.2 RFP SUBMISSION AND SUBMISSION REQUIREMENTS:

1.2.1 To facilitate evaluation of Proposals please submit the following:

1.2.2 One (1) labeled original proposal. If proposal can also be used as a public copy Responder should label as ‘original/public copy’. If Responder does not want original copy to be used as a public copy, then Responder must send a second proposal labeled ‘public copy’. This

RFP is a qualification base bid. The Iowa DOT reserves the right to negotiate prior to final contract execution. Thes documents indicated above are to be uploaded IMPACS Bid

System as separate attachments on or before the bid closing date and time as indicated in

645-RFP-1728-2025.

1.2.3 Construction firms must pre-register in IMPACS as Supplier is required in IMPACS before your Firm can submit a proposal. Please allow a minimum of 2 Days for your

Supplier registration to be processed fully by IMPACS. To register please click the following link to register as a supplier Register for IMPACS By registering you will have full access to all documents related to 645-RFP-1728-2025.

1.2.4 Bid Responses shall be submitted with DOT’s IMPACS bid system or signed and prepared in or typewritten in the solicitation documents provided. Telephonic, email and or facsimile responses shall not be considered.

1.2.6 When submitting the solicitation in DOT’s IMPACS bid system construction firms are to review all tabs of the solicitation for information and guidance, it is the construction firm’s responsibility to ensure their bid submission is inclusive of all DOT requirements as indicated in the RFP.

1.3 CONTACT PERSON, COMMUNICATION & INQUIRES:

1.3.1 DOT Purchasing Agent Teri Schulz is the sole point of contact for all communications related to this RFP prior to the issuance of an executed contract.

1.3.2 All questions are to be directed solely to the purchasing agent. All communication is to be in written format, we encourage Construction Firms to upload their questions under the Question & Answer Board on the DOT IMPACS Bid system on or before the question cutoff date and time. Responses to questions will be addressed and communicated out to construction firms via the DOT IMPACS bid system.

1.4 REJECTION OF PROPOSALS

The Iowa Department of Transportation may reject all bid submission. Bid received after said date and time indicated in the IMPACS bid solicitation time will not be considered.

1.5 COST INCURRED BY CONSTRUCTION FIRMS

All expenses involved with the preparation and submission of the RFP to the Iowa Department of

Transportation, or any work performed in connection therewith is the responsibility of the construction firm(s).

1.6 BONDING

1.6.1 A performance and payment bond will be required of the awarded

Construction Firm in the amount equal to 100% of the Guaranteed Maximum

Price (GMP) amount will be required prior to contract execution.

1.6.1 Individual Trade Contracts will be between the CM and the Trade Contractors, subject to the Owner's approval.

SECTION II - GENERAL CONDITIONS

2.0 PURPOSE

https://solutions.sciquest.com/apps/Router/SourcingSupplierRegistration?CustOrg=DASIowa&AuthToken=1%3AAES2%23CAcXlinT7MFbZILKWJWX4PmCR6r%2BrhjoXkhK8%2FCQbpF7ywprIuJQrKUNFqyqUMUx7ekbGqWiMapQbnxw218LuKzWZNhuM8BrrKlatXQtKwa28yaCtXdHM%2F%2F0jROId6Nyh5ZnA%2Bj6ZD7CYqUUfgvr9VN4bHc0Bzd52A%3D%3D&GSPSupplier_RegistrationRequest_Email=&tmstmp=1668800230397

The Iowa Department of Transportation is issuing this Request for Proposal (RFP) and accepting sealed proposals from qualified construction firms for CONSTRUCTION MANAGER AT RISK services, for the new Albia Maintenance Garage.

2.1 PROJECT

The project consists of evaluation of buildings on site and construction of a new maintenance facility and salt structure while maintaining winter operation needs such as brine making, water, use of the existing maintenance facility and access to the salt. Demolition of some structures may be needed prior to construction. In lieu of a larger maintenance facility building, a heated pole building may be considered (approx. 60’ x 90’ w/ electrical, possible plumbing, and heating)

The planned maintenance facility and salt storage are currently utilizing building systems and for mechanical, electrical, and plumbing that the DOT does not anticipate needing to change.

There will be some site evaluation and solutions needed staging work and maintaining site access as well as options on how best to house the paint crew vehicles and paint storage on the site.

This project will require coordination between the owner and the contractor to ensure continued operations of the existing facility during construction of the new facility onsite prior to winter operations starting October 15th annually. Along with coordination of the switchover to the new facility, and subsequent demolition of the existing facility ensuring final sitework is completed.

The project consists of a new 17,190 – 18,000 SF maintenance garage, evaluations and options for a separate heated building for storing paint, supplies, and paint crew vehicles assuming 4,800 - 5,440 SF, and a 1,500-ton salt and 500-ton 50/50 7,200 square foot structure. Work includes the new facility, site development, utility improvements and demolition.

The new facility will be a single story, fully sprinklered building. The construction will consist of concrete foundations, slabs on grade, precast insulated load bearing wall panels and an EPDM roofing system over steel deck and supporting steel joists and girders. Heating and cooling systems and infrared radiant heat loops. Electrical will reuse existing generator. Plans provided are at 70% for MEP, civil, and structural.

The Architectural Services team of the DOT plans for the project to be completed in two phases to maintain operations at the project site continually during construction through completion. The contractor shall coordinate with the DOT Architectural Services team on the timeline of the phasing of the work following execution of contract. Evaluation for phasing options can be considered as long as it doesn’t interfere with DOT operational needs and end dates are met.

Proposed project phasing:

Phase 1: Demolition of existing salt hoop and 50-50 wood pole building, construction of new salt storage, site development, partial excavation of storm water retention area, site utilities, construction of new maintenance facility, and salt-50/50 building, brine tank storage slab. Construction substantial completion date: June 2027.

Phase 2: Evaluate demolition of other existing structures, existing garage, brine building, and Quonset hut storage buildings and construct new heated pole building. New heated pole building to be constructed on existing maintenance garage location. All demo and new heated pole building to be completed by June 2028.

2.2 BUDGET

Approximate Construction Value is $5,800,000 - $6,500,000.

2.3 SERVICES

2.3.1 In addition to managing the construction, the CM will provide pre-construction services and work collaboratively with the architect, to develop constructability reviews, cost savings alternatives and schedules in relation to this new facility.

2.3.2 To qualify for consideration, a firm must be prepared to provide the expertise, resources, and personnel experience in project planning, cost management, project control, pre-construction and construction techniques, value-engineering analysis, scheduling and quality assurance throughout the planning and construction phases of the project.

2.3.3 The services to be performed by the CM will have as their objective the efficient, economical, and timely delivery of the project by managing the construction of the project within the time and cost limitations and within established quality requirements. The services will be performed during the pre-construction phase and construction phase including getting approval from the Owner and Architect in project planning, arrangement of bid packages, bidding and award of the trade contracts, and management of construction until occupancy and final acceptance by

Owner is achieved.

2.4 PRE-PROPOSAL CONFERENCE

There will be a Highly Recommended Virtual Pre-Proposal Conference held on April 30, 2025

11:00 am CT. All construction firms planning to participate in 645-RFP-1728-2025 should register your firm name and the number of attendees by emailing IDOT Purchasing Agent Teri Schulz at teri.schulz@iowadot.us. Information regarding the Highly recommended virtual pre-proposal conference can be found under the Description Tab of 645-RFP-1728-2025

2.5 PROCEDURES & MISC. ITEMS

2.5.1 All materials submitted in connection with this RFP will be public documents and subject to the Open Records Act and all other laws of the State of Iowa. All such materials shall remain the property of the Iowa Department of Transportation and will not be returned to the respondent.

2.5.2 The issuance of this RFP constitutes only an invitation to present a proposal. The

Iowa Department of Transportation reserves the right to determine, at its sole discretion, whether any aspect of a respondent's submittal meets the criteria in this

RFP. The Iowa Department of Transportation also reserves the right to seek clarifications, to negotiate with any construction firm submitting a response, to reject any or all responses with or without cause, and to modify the procurement process and schedule. If the RFP is withdrawn, or the project canceled for any reason, the Iowa

Department of Transportation shall have no liability to any respondent for any costs or expenses incurred in connection with this RFP or otherwise.

2.5.3 Failure to submit all or any of the mandatory documents from this RFP package shall be just cause for the rejection of the qualification package. The Iowa Department of

Transportation reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal as non-responsive.

2.5.4 By submitting a qualification package, the construction firm is certifying that they are not currently debarred from bidding on contracts by any agency of the State of

Iowa, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contacts by any agency of the State of Iowa.

mailto:teri.schulz@iowadot.us

Construction Firms are to be registered to do business in the State of Iowa. Firms may check the Iowa Secretary of the State website https://sos.iowa.gov/ to verify certifications.

Construction firms are required to be registered with Iowa Department of

Inspections, Appeals & Licensing and have a current contractor registration number. https://laborportal.iwd.iowa.gov/iwd_portal/publicSearch/public

2.5.5 Any contract resulting from this RFP shall be governed in all respects by the laws of the State of Iowa. Any legal action relating to a contract shall only be commenced in the Story County, Iowa, District Court, or the United State District court for the Southern

District of Iowa. The contractor shall comply with applicable federal, state, and local laws and regulations.

3.0 PROJECT SCOPE

It is the intent of the Owner that the successful CM will provide the required services for a fixed fee.

It is further the intent of the Owner that the successful CM will provide a Guaranteed Maximum

Price (GMP) for the cost of the construction of the project to include a Guaranteed Delivery Date

(GDD). The Owner also intends that the successful CM accept the following stipulations:

3.1 Contractor must adhere to requirements in chapter 26A #7 ‘Definition of Self Perform’.

At the time of response submission, the responder is required to inform DOT of which work they consider to self-perform. See Section 314.1B on the DOT website located at.

'Office of Local System-Iowa DOT'

3.2 The CM will be "at risk" in the proposed undertaking and will be responsible for completing the project within the GMP and GDD.

3.3 Should the final cost of the project be less than the GMP, there will be a cost set sharing percentage rate that is pre-established by the CM and the owner.

3.4 An agreed percentage of pay applications will be held in retention.

3.5 The Owner shall have the authority to suspend or terminate performance of the project.

3.6 CM will share with the Owner the calculations and assumptions on which the CM's proposed GMP and GDD is based and provide to the Owner any information requested by the Owner in a timely manner or according to a schedule developed by the parties.

3.1 CON. TRACTOR PREFORMANCE

3.1.1 Contract Manager performance incentive in the amount of $2,000.00 per day, if the project is considered substantially complete before the substantial completion date as indicated in the contract. 7

3.1.2 Liquidated Damages in the amount of $2,000.00 per day, if the project is not substantially complete by the substantial completion date as indicated in the contract.

4.0 SERVICES TO BE PROVIDED BY THE CM

4.1 Project Planning - The CM is expected to work with the Owner to plan the project to include:

4.1.1 Reviewing ideas and suggestion offered by the Owner regarding feasibility or constructability.

https://sos.iowa.gov/ https://laborportal.iwd.iowa.gov/iwd_portal/publicSearch/public https://iowadot.gov/local_systems/Bid-and-quote-thresholds

4.1.2 Evaluate designs with respect to constructability issues.

4.1.3 Evaluate value-engineering opportunities.

4.1.4 Designated on site project management is required.

4.2 Bidding and Awarding

4.2.1 Arrange bid packages.

4.2.2 Develop requirements to assure time, cost, and quality control during construction.

4.2.3 Provide a provisional construction schedule for issuance with the bid package.

4.2.4 Identify bidders and generate bidder interest.

4.2.5 Schedule and conduct pre-bid conferences in conjunction with Architect and representatives from the Owner.

4.2.6 Advertise and distribute bidding documents in accordance with applicable federal and state laws, rules, and regulations.

4.2.7 Monitor bidder activity.

4.2.8 Review and analyze bids and recommend awards.

4.2.9 Update schedules.

4.3 Construction

4.3.1 Maintain on-site staff for construction management.

4.3.2 Establish and maintain coordinating procedures.

4.3.3 Develop and maintain a detailed schedule including delivery, approvals, inspection, testing, construction, and occupancy.

4.3.4 Conduct and record job meetings.

4.3.5 Prepare and submit change order documentation for approval of Architect and the Owner.

4.3.6 Maintain a system for review and approval of shop drawings.

4.3.7 Maintain records and submit periodic reports to Architect and the Owner.

4.3.8 Maintain quality control and ensure conformity to contract documents.

4.3.9 Provide cost control through progress payment review and verification according to the approved schedule and contract amounts.

4.3.10 Coordination of post completion activities, including the assembly of guarantees, manuals, and the Owner's final acceptance.

SECTION THREE - PROPOSAL FORMAT

5.0 PROPOSAL FORMAT

To facilitate the analysis of responses to this RFP, Construction Firms are required to prepare their proposals in accordance with the instructions outlined in this section. Each Construction Firm is required to submit the proposal electronically using IDOT’s IMPACS bid system by uploading the required documents as attachments in the sealed bid package. Construction Firm whose proposals deviate from these instructions may be considered non-responsive and may be disqualified at the discretion of the Iowa Department of Transportation. Construction Firm should be sure they have uploaded all required attachments in the DOT’s electronic bid system IMPACS under 645-RFP-

1728-2025 as part of their proposal. Instructions relative to each part of the response to this RFP are defined in the remainder of this section.

5.1 TRANSMITTAL LETTER

The proposal responses shall include a clear and concise transmittal letter and be prepared with a straightforward, concise delineation of the construction firm's capabilities to satisfy the requirements of this RFP.

• Transmittal letters are to be titled “Transmittal Letter” must include the responders full name, address, email, telephone number, and the Authorized Signature to legally bind the responder.

• Any request for confidential treatment of information must be included in the transmittal letter in accordance with the provisions found in the document titled "Public Records and

Request for Confidential Treatment (see last page of the RFP document).

• In addition to the specific statutory basis supporting the request, an explanation of why disclosure of information is not in the best interest of the public is required.

• The transmittal letter must also contain the name, address, email address and telephone number of the individual authorized to respond to the Iowa DOT about the confidential nature of the information.

5.2 EXECUTIVE SUMMARY

The Executive Summary portion of the response to the RFP should be limited to a brief narrative highlighting the Construction Firm’s proposal. The summary should contain the construction firms plans for complying with the requirements of the RFP, experience and abilities and any other summary information the construction firm deems to be pertinent.

5.3 CONSTRUCTION FIRM HISTORY AND INFORMATION

Construction Firms must provide the following information about their company so that the Owner can evaluate the firms’ stability and ability to support the commitments set forth in response to the

RFP. The Owner, at its option, may require a firm to provide additional support and/or clarify requested information. The firm should outline the company's background, including:

5.3.1 Provide a brief overview of firm. Provide listing of key employees and their positions.

5.3.2 Indicate which employees are being considered for roles on this project.

5.3.3 Has the firm been involved in litigation in the past five (5) years? If yes, please list any active or pending litigation and explain.

5.3.4 Has the firm ever failed to complete any work awarded or been removed from any project awarded to the firm?

5.3.5 List the contact person(s), addresses and phone numbers for your insurance carrier.

5.3.6 List the contact person(s), addresses and phone numbers for the firm's bonding company.

5.3.7 What is the firm's bonding capacity and how much work is currently bonded?

5.3.8 Provide a list of current projects and percent complete.

5.3.9 Provide information on the firm' s total amount of construction cost completed on a yearly basis over the past five (5) years.

5.4 PROJECT EXPERIENCE – Must be included in each of the 6 to 8 projects being submitted.

5.4.1 Provide examples of your experience as a CM in constructing facilities of similar nature. Provide a minimum of 6 projects and maximum of 8 projects. Include the following information for each project:

5.4.2 Project Budget

5.4.3 Initial GMP at pre-construction phase

5.4.4 Final Project Cost (reasons for change - if any)

5.4.5 Project Team - please note if team members are proposed for this project.

5.4.6 Project Owner Contact or Reference

5.4.7 Project Completion Date

5.5 PROJECT TEAM- Must be included in each of the 6 to 8 projects being submitted.

Provide an organizational chart showing the lines of responsibility and accountability for the project(s). Provide all resumes for all proposed team members, identify their proposed role, and include their resume. Each resume is not to exceed 2 pages.

5.5.1 Please identify the individual who will serve as the primary point of contact for the

Owner, Architect, and project team; CM shall certify that the teams presented in this RFP shall remain as indicated until project completion.

5.5.2 Describe your firm's approach to Quality Assurance.

5.6 PROJECT APPROACH- Must be included in each of the 6 to 8 projects being submitted.

5.6.1 Provide a brief outline and description of your firm's approach for a program of this nature. If selected for an interview, include detailed explanation of the fees and expenses for this project (including reimbursable), as well as any other contingency for which the CM expects to be compensated.

5.6.2 Describe your firm's approach to Pre-Construction services.

5.6.3 Describe your firm's views on change orders as related to projects containing pre-construction services.

5.6.4 Occasionally, subcontractors and suppliers file for bankruptcy during a project.

How do you protect the Owner from being adversely affected by this situation?

5.6.5 How will your firm ensure the best value for the Owner's budget? Discuss a subcontractor's role in this effort.

5.6.6 Describe your company’s approach on how you’ll address the Guaranteed Maximum

Price, the method of your approach and when to establish the time frame to lock in the price.

5.6.7 DOT will be utilizing the AIA documents, and the articles will be considered for discussion during the negotiation phase. A sample of contract A133-2019 is attached under the ‘Buyer Attachment’ tab on RFP-645-1728-2025

5.7 ADDENDA If revisions become necessary, the Iowa Department of Transportation will provide written addenda to all Construction Firms who have received the RFP. Said addenda will be posted and distributed in IDOT’s IMPACS bid system for all participants.

SECTION IV - SELECTION

6.0 FINAL SELECTION

Following review of all qualified proposals, selection of a suitable Construction Firm, a preliminary weighted matrix will be posted in IDOT IMPACS Bid system. Following department approval, the

Owner will complete contract negotiations prior to final contract execution. The Iowa Department of Transportation reserves the right to accept the response that is determined to be in the best interest of the IDOT. The Iowa Department of Transportation reserves the right to reject any and or all proposals.

6.1 EVALUATION METHOD

The Owner will evaluate all proposals deemed responsive to this request by an evaluation team selected by the Iowa Department of Transportation.

6.2 SELECTION PROCEDURE

Selection of the CM will be a qualification-based process through a written proposal and presentation/interview.

6.2.1 Following completion of the initial written proposal evaluations, if deemed necessary by the evaluation committee, up to three of the highest ranked, best qualified firms will be granted an opportunity to appear before the Evaluation

Committee to make an oral presentation and submit to an interview.

6.2.2 Information on the presentation will be provided via email to the construction firms selected.

6.2.3 The Owner reserves the right to negotiate, prior to award, adjustments in all elements of what proposers submit in their proposals.

6.3 SELECTION CRITERIA

Responses to this RFP will be scored according to the following criteria:

6.3.1 Overall content of written submitted proposal information response to these categories:

• Firm History and information

• Relevant Project Experience

• Project Team

• Project Approach

• Location and Responsiveness

6.3.2 Presentation Criteria to include the following categories :

• Ability to communicate understanding of the DOT, project scope, and requirements

• Relevant Project Experience

• Project Team

• Project Approach

• Overall Quality of Presentation

6.4 CONTRACT NEGOTIATION

Upon selection, the Owner will attempt to negotiate a contract based on the CM's fee proposal.

The Owner has the right to reject the fee proposal and elect to either negotiate a new fee proposal with the selected firm or enter negotiations with the next highest ranked Construction firm. The

Owner retains the Ownership of and all rights to use all documents produced during the interview process for use in selecting the final firm and completing the project.

Public Records and Requests for Confidential Treatment The Iowa DOT may treat all information submitted by a Responder as public information following the conclusion of the selection process unless the Responder properly requests that information be treated as confidential at the time of submitting the Response. The Iowa DOT release of information is governed by Iowa Code chapter 22. Responders are encouraged to familiarize themselves with

Chapter 22 before submitting a Response. The Iowa DOT will copy and produce public records as required to comply with the public records laws. Any request for confidential treatment of specific information must be included in the transmittal letter with the Responder’s Response. In addition, the contractor must enumerate the specific grounds in Iowa Code Chapter 22 or other applicable law which support treatment of the material as confidential and explain why disclosure is not in the best interest of the public. Pricing information cannot be considered confidential information.

The request for confidential treatment of information must also include the name, address, and telephone number of the person authorized by the Responder to respond to any inquiries by the

Iowa DOT concerning the confidential status of the materials. Any Response submitted which contains confidential information must be conspicuously marked on the outside as containing confidential information, and each page upon which confidential information appears must be conspicuously marked as containing confidential information. Failure to properly identify specific confidential information must relieve the Iowa DOT or State personnel from any responsibility if confidential information is viewed by the public, or a competitor, or is in any way accidentally released. Identification of the entire Response as confidential may be deemed non-responsive and disqualify the Responder. If the Responder designates any portion of the RFP as confidential, the

Responder must submit one copy from which the confidential information has been excised.

The confidential material must be excised in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the Response as possible. The Iowa

DOT will treat the information marked confidential as confidential information to the extent such information is determined confidential under Iowa Code Chapter 22 or other applicable law by a court of competent jurisdiction. In the event the Iowa DOT receives a request for information marked confidential, written notice must be given to the Responder seven calendar days prior to the release of the information to allow the contractor to seek injunctive relief pursuant to Section 22.8 of the Iowa Code. The Iowa DOT will release the information marked confidential in response to a request for public record records unless a court of competent jurisdiction determines the information is confidential under Iowa Code Chapter 22 or other applicable law. Responses containing proprietary information must have the specific information considered proprietary clearly marked. All information included in the Response not indicated as proprietary will be open for inspection. All Responses become property of the Iowa DOT. Responders must indicate in the

Transmittal Letter if the original technical response is considered the public copy without redactions. Any request for confidential treatment of information must be included in the RFP response in accordance with the provisions of herein. In addition to the specific statutory basis supporting the request, an explanation why disclosure of the information is not in the best interest of the public is required. The request must also contain the name, address, electronic mail address and telephone number of the individual authorized to respond to the Iowa DOT about the confidential nature of the information.

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