| General Consultant Services Conflict FAQs |
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| Questions |
Quick Guidance |
View Details |
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1. If a
Designer uses a Contractor to perform constructability
reviews on a design contract, does this preclude the
Contractor from pursuing the construction project? |
Yes |
Detailed Guidance |
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2. The Department hires
an inspector to perform verification inspections, and the
same inspector will also be performing plant certification
inspections for another company. If a Plant Certification
Agency uses the other company to perform their plant
certification inspections, is it a conflict of interest if
the same inspector performs the plant
verification
inspection for the Department? |
No |
Detailed
Guidance |
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3. Are consultants that
perform Value Engineering (VE) on projects excluded from
further work on the project? |
No |
Detailed Guidance |
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4. Can a
Geotechnical Consultant who provides geotech design services
be permitted to later provide unrelated CEI services on the
same project? |
Yes, if services are unrelated. |
Detailed Guidance |
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5. Is it
a conflict for a firm to perform preliminary pavement coring
and then later perform Contractor Quality Control (CQC),
Geotechnical, or engineering services? |
No, the coring data can be viewed as unrelated |
Detailed Guidance |
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6. On a
Design/Bid/Build project, can a sub to the Engineer of
Record (EOR) for survey work also become a sub to the CEI
for survey work? |
District Secretary Decision |
Detailed Guidance |
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6a.
Can a Consultant firm performing work for or representing a
developer, private land owner, or business on a project,
seek employment from the Department on the same project? If
yes, any restriction in capacity? |
No. This
would be a conflict, regardless of capacity. |
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6b.
Can a Consultant firm performing work for or representing a
local agency (i.e City of Jax Beach, Jacksonville
Transportation Authority, etc) on a project also seek
employment from the Department on the same project? If yes,
any restriction in capacity? |
No. This
would be a conflict, regardless of capacity. |
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7.
Can a consultant firm, or its affiliate, that is the
Engineer of Record (EOR) on a project be considered eligible
to compete as a prime consultant for CEI services on that
same project. |
No. |
Detailed Guidance |
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7a. The
same consultant firm is prohibited from performing both the
design and the CEI on the same project. Does this also
apply to a Local Agency Program? |
Yes, it is still viewed as a conflict. |
Detailed Guidance |
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8. On a
CEI contract, a proposed Project Administrator is related
(by marriage) to the contractor on that job. Is this a
conflict of interest? |
Yes |
Detailed Guidance |
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| General Contractor
Services Conflict FAQs |
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| Questions |
Quick Guidance |
View Details |
| 1.
If a Contractor participates in a Value Engineering Study
Workshop or Cost Risk Analysis Workshop, does this preclude
the Contractor from pursuing the construction project? |
Yes |
Detailed
Guidance |
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| Design-Build Related Conflict FAQs |
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| Questions |
Quick Guidance |
View Details |
| General
Guidance (includes example using P3 project) |
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1. Can a consultant that performs
PD&E services on a given project participate on the
design-build services? |
Yes |
Detailed Guidance |
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2. If a consultant firm
performs the initial and/or final design (after NEPA Record
of Decision), are they able to participate on the
design-build for the project? |
District Secretary Decision |
Detailed
Guidance |
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3. This question is related to mechanical &
electrical inspection staffing/availability as it relates to CEI services on a Design-Build type contract involving a
movable bridge. Can the engineering firm providing the
services for writing part of the RFP be part of a CEI team? |
No |
Detailed
Guidance |
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4. Can a
firm who performed only preliminary estimating services as a
sub on a Design-Build contract pursue CEI work on the same
contract as a sub? |
No |
Detailed Guidance |
5. If a firm provides FDOT input into the
development of a RFP, can they
subsequently, after the
contract is awarded, be added to the awarded contractors
team (e.g. as a sub-consultant)? |
No |
Detailed
Guidance |
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6. Can a consultant
preparing a Design-Build Criteria Package for a particular
project also provide CEI services for the same project since
they will not be EOR for the project? |
No |
Detailed
Guidance |
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7.
Would a firm reviewing a Design-Build Criteria package on
behalf of FDOT be precluded from pursuing the Design-Build
project as the designer? |
No |
Detailed Guidance |
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8. Can a lead designer on one
design-build team also serve as a sub-consultant on another
design-build team on the same project? |
Yes, they must disclose this to the second firm. |
Detailed Guidance |
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9. Would
it be a conflict of interest for a firm to participate on a
Design-Build team if they had previously performed hydraulic
and scour work at the same project location? |
No. Due to limited work & no input on RFP. |
Detailed Guidance |
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10. A
Design-Build team has the original EOR for the design plans
on their team, would this be considered a conflict of
interest? |
Yes, unless District Secretary approves. |
Detailed Guidance |
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11. A firm
participated as a sub-consultant with minor involvement
during plans preparation for a Design-Build project.
Can this involvement be considered a conflict and keep them
from participating on a Design-Build team for the project? |
Yes, must receive exemption from District Secretary to
participate |
Detailed Guidance |
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12. If a
firm performs soil borings at a location of a future
Design-Build project, will they be ineligible to participate
as a geotechnical sub-consultant on a DB team for that
project? |
Depends on level of involvement. Would need
approval. |
Detailed Guidance |
| 13. Can a
consultant be on both the Design-Build team and a CEI team
for the same project? |
No |
Detailed Guidance |
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14. Can a firm
participate on a Design-Build Team if they participated in
the development of a standard design that will be utilized
on the design-build project? |
Yes |
Detailed Guidance |
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| Dispute Review Board Conflict FAQs |
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| Questions |
Quick Guidance |
View Details |
| 1. I am a member on an active DRB and
the CEI firm for that contract asks me to perform
constructability reviews during the design phase. Is it a
conflict of interest for me to participate on the design
contract with the CEI firm? |
Divulge potential conflict for review by
FDOT/Contractor/Board Members |
Detailed Guidance |
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Public Private Partnerships (P3) Conflict FAQs |
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Questions |
Quick Guidance |
View Details |
| 1.
Could the consultant acting as the owner’s
rep in writing the P3 RFP also be the consultant performing
the Department’s Oversight CEI? |
No |
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