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28 <br />implement its projects after it has complied with applicable Federal and State requirements <br />and obtains approval from the Department prior to solicitation and award of the contract. <br />s. Design-Build Projects. The Design-Build method of construction is where a single <br />contractor is given responsibility for both design and construction, thus eliminating an <br />intermediate procurement step with possible time saving, and more effective coordination <br />and opportunities for cost savings. Currently, this procurement method is not an allowable <br />method of .procurement by the State of North Carolina. The Contractor may request to use <br />the design-build method as an "alternate" method.. Submission of justification must be <br />presented to the State Building Commission fora 2/3-majority vote of approval. One of the <br />drawbacks of design-build is that the owner does not have an independent source (the A/E <br />in traditional construction) overseeing design implementation and verifying conformance <br />with the drawings and specifications. <br />t. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ <br />request for proposal (RFP) method of procurement is normally conducted with more than <br />one source submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement <br />type contract is awarded. This method of procurement is generally used when conditions <br />are not appropriate for the use of sealed bids. The Contractor acknowledges that certain <br />restrictions apply under North Carolina law for use of the RFP method and these <br />restrictions and exceptions are discussed below. <br />(1) The Contractor agrees that the RFP Method may not be used in <br />lieu of an invitation for bids (IFB) for: <br />(a) Construction/repair work; or <br />(b) Purchase of apparatus, supplies, materials or equipment. <br />See Subsection 20t(2), this Agreement, regarding <br />information technology goods as services. <br />(2) The Contractor agrees that the RFP method of solicitation may be <br />used (in addition to or instead of any other procedure available <br />under North Carolina law) for the procurement of information <br />technology goods and services [as defined in N.C.G.S. 147- <br />33.81(2)]. This applies to electronic data processing goods and <br />services, telecommunications goods and services, security goods <br />and services, microprocessors, software, information processing, <br />office systems, any services related to the foregoing, and <br />consulting or other services for design or redesign of information <br />technology supporting business processes. The Contractor will <br />comply with the following minimum requirements [N.C.G.S. 143- <br />129.8]: <br />(a) Notice of the request for proposals shall be given in <br />accordance with N.C.G.S. 143-129(b). <br />(b) Contracts shall be awarded to the person or entity that <br />submits the best overall proposal as determined by the <br />awarding authority. Factors to be considered in awarding <br />contracts shall be identified in the request for proposals. <br />(c) The Contractor may use procurement methods set forth in <br />N.C.G.S. 143-135.9 in developing and evaluating requests <br />for proposals. <br />(d) The Contractor may negotiate with any proposer in order to <br />obtain a final contract that best meets the needs of the <br />Contractor. <br />Revised 1/6/10 <br />