Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
554 - BUREAU OF GENERAL SERVICES
Chapter 8 - ALTERNATIVE PROJECT DELIVERY METHODS
Section 554-8-2 - Definitions

A. Alternative Delivery Method or Alternative Project Delivery Method means any one of the following three methods of project delivery: design/build method; construction-manager-at-risk method; or construction-manager-advisor method.

B. Bureau means the Bureau of General Services, commonly referred to as BGS.

C. Construction Manager Advisor, commonly referred to as CMa, means a method of project delivery in which the Owner engages a single firm for a fee to advise and consult with the Owner as to design and construction, and may include consultation as to the selection of one or more design professionals to furnish the design when trade contracts for performance are held directly by the Owner. The firm is contractually bound to manage the schedule and budget to ensure adherence to both by the trade contractors.

D. Construction Manager at Risk, commonly referred to as CMR, means a method of project delivery in which the Owner engages a single firm for a fee to advise and consult with the Owner as to design and construction; the Owner separately engages one or more design professionals to furnish the design; and, in which the firm is responsible to the Owner for schedule and price. The firm engaged to act as construction manager at-risk may perform all or a portion of the work on the project at the Owner's discretion.

E. Design/Build, commonly referred to as D/B, means a method of project delivery in which the Owner contracts directly with a single entity that is responsible to perform design, construction, related services, and serves as the "designer-of-record."

F. Director means the Director of the Bureau of General Services or the Director's designee.

G. Fee or Fees means the amount paid to a "Construction Manager-Advisor" or "Construction Manager at Risk" for providing professional services during the design phases of a project, prior to the signing of a formal "Construction Agreement" or a "Guaranteed Maximum Price Agreement" for the Work, exclusive of Reimbursable Expenses. The determination of the fee will be based on the estimated dollar value of the Work as shown in the RFQ and RFP.

H. Firm means an individual, corporation, partnership, limited liability company, or unincorporated association that applies to provide or is selected to provide services under an alternative delivery method.

I. Guaranteed Maximum Price means the guaranteed maximum amount the Construction Manager at Risk will bill the Owner for the cost of the Work as shown on the design drawings at that time, and includes allowances, defined assumptions and the Construction Manager's Fee for services during the construction phase of the project subject to adjustments caused by Change Orders issued during the Construction Phase.

J. Owner means any department, office, board, commission, or agency of the State of Maine subject to 5 M.R.S.A. §1743 that proposes to enter into a contract for construction or renovation of a public improvement.

K. Price Proposal means a Request for Proposal where price or cost of the defined services is a consideration in the evaluation process.

L. Project means the total activities required for the planning, design, documenting, construction and related services until acceptance by the Owner.

M. Reimbursable Expense means a cost, not included in the Fee, incurred by a firm in providing professional or construction related services when providing services for an Alternative Delivery Project. The detailed definition of the division between "Fee" and "Reimbursable Expense" will be included in the actual contract for the services to be provided under the appropriate Alternative Delivery Method.

N. Request for Proposal,commonly referred to as RFP, means a detailed explanation of the specific requirements to be performed and the methods used to select the successful firm. It is the basis for final proposals and will become the basis of the contract for services under an Alternative Delivery Method.

O. Request for Qualifications, commonly referred to as RFQ, means an announcement, in the form of a newspaper advertisement, issued or approved by the Bureau of General Services for the purpose of identifying qualified firms, contractors or subcontractors that could be considered for providing services under any Alternative Delivery Method, will be the basis for the establishment of the Short List, and will include the general basis for the evaluation of the submittals.

P. Short List means a pool of 3 to 5 candidates who have submitted Qualification Statements and have been deemed by the Bureau to be the better qualified firms to provide the services defined in the RFQ.