Code of Colorado Regulations
100 - Department of Personnel and Administration
101 - Division of Finance and Procurement
1 CCR 101-9 - PROCUREMENT RULES
Article 105 - CONSTRUCTION CONTRACTS
Part 1 - MANAGEMENT OF CONSTRUCTION CONTRACTING
Section R-24-105-101-01 - Terminology

(a) The following terms provide a common vocabulary for use in the context of this rule and for general discussion concerning the construction contracting activities of the state. The methods described are not all mutually exclusive and may be combined on one project. In each project these terms may be adapted to fit the circumstances of that project. However, the procurement official should endeavor to ensure that these terms are defined adequately in the appropriate contracts, are not used in a misleading manner, and are understood by all relevant parties. Significant deviations from the terms provided in this rule should be explicitly noted in the contract.

(b) "Prime contractor," as used in this article means a person who has a contract with the state to build, alter, repair, improve, or demolish any public structure or building, or other public improvements of any kind on any public real property.

(c) The "single prime contractor method" of contracting is typified by one person (general contractor) contracting with the state to timely complete an entire construction project in accordance with plans and specifications provided by the state. Often these plans and specifications are prepared by a private architectural firm under contract to the state. Further, while the general contractor must take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.

(d) In a "design-build or turnkey project," a contractor contracts directly with the state to meet the state's requirements as described in a set of performance specifications by constructing a facility using the contractor's plans and specifications. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.

(e) "Construction management" is a team approach to construction. A construction manager/general contractor is a person experienced in construction that has the ability to evaluate and implement plans and specifications as they affect time, cost, and quality of construction and to coordinate the design team (consisting of architect/engineers and other consultants as may be required). The construction manager/general contractor contracts directly with sub-contractors for performance of the construction of the project and, administers change orders.

(f) "Phased design and construction" denotes a method in which construction begins when appropriate portions have been designed, but before substantial design of the entire structure has been completed. This method is also known as "fast-track" construction.

The above defined methods of construction contracting are not to be construed as an exclusive list. Consult with the office of the state architect for approval of a construction contracting method other than a single prime contractor. In selecting the appropriate construction contracting method, consideration must be given to all appropriate and effective methods, their comparative advantages and disadvantages and how they might be adapted or combined to fulfill state requirements.