A. Construction Contract Management. The
intent of §
8.11 of this Part is to specifically identify alternative
methods of management of construction and the criteria to be used in selecting
such methods. In addition, the intent of this Rule is to clarify that the
method of source selection used to award a state contract for a particular
construction project shall continue to be governed by all the applicable
provisions of R.I. Gen. Laws Chapter 37-2, entitled "State Purchases", also
referred to as the "State Purchases Act". These provisions include but are not
limited to R.I. Gen. Laws §§
37-2-17"Methods of source selection";
37-2-18"Competitive sealed bidding";
37-2-19"Competitive negotiation";
37-2-20"Negotiations after unsuccessful competitive sealed bidding";
37-2-21"Noncompetitive procurements";
37-2-22 "Small
purchases" and
37-2-59"Professional services - Architectural, engineering, and consultant services -
Committee". Provided, however, the provisions of §§
8.11(C) and
(D) of this Part shall not apply to road,
bridge and heavy construction projects which are funded in whole or in part by
federal funds.
B. Road, Bridge and
Heavy Construction Projects. The provisions of §§
8.11(C) and
(D) of this Part shall not apply to road,
bridge and heavy construction projects that are managed by the Rhode Island
Department of Transportation and are funded in whole or in part by federal
funds. Road, bridge and heavy construction projects are subject to the methods
of management of construction contracting, including the criteria for selecting
such methods, that are set forth in applicable federal law, including but not
limited to
23 U.S.C. §
112(b)(i) as amended, and
regulations promulgated there under.
C. Construction Contract Management Methods
and Criteria. For all other construction projects not included in §
8.11(B) of
this Part, the methods below, along with the criteria for each method, are the
alternative methods of construction contract management deemed feasible by the
Chief Purchasing Officer. The methods below are not mutually exclusive and may
be combined on a project.
1. General
Contractor Method. The general contractor method is typified by one business,
acting as a general contractor, contracting with the State to timely complete
an entire construction project in accordance with drawings and specifications
provided by the State. Generally the drawings and specifications are prepared
by an architectural or engineering firm under contract with the State. Further,
while the general contractor may take responsibility for successful completion
of the project, much of the work may be performed by specialty contractors with
whom the general contractor has entered into subcontracts. The general
contractor method is the generally preferred method of construction work. It
may be selected for a project only when it is determined in writing by the
Chief Purchasing Officer that the following criteria will be met:
a. the project requires timely completion of
the construction work in accordance with drawings and/or specifications
provided by the State and/or the State's agent.
b. the project work may be performed by
specialty sub- contractors under the control and supervision of a general
contractor.
c. the project does not
require direct supervision or coordination between the contractor and project
engineering/design professionals other than as normally performed by State
employees.
d. the construction
project is estimated to cost in excess of ten thousand dollars
($10,000).
e. sufficient time
exists to complete the design, bid the project and construct the work by the
desired occupancy date.
2. Multiple Prime Contractors. Under the
multiple prime contractor method, the State or its agent contracts directly
with any number of contractors, often representing different trades, to
complete portions of the project in accordance with the State's drawings and
specifications. The State and/or its agent shall have primary responsibility
for successful completion of the entire project. The multiple prime contractor
method may be selected for a project only when it is determined in writing by
the Chief Purchasing Officer that the following criteria will be met:
a. the State or its agent is able to
coordinate job site activities of any number of contractors and/or
subcontractors with varying areas of construction expertise to complete
portions of the project in accordance with the State's drawings and
specifications, and the State or its agent will contract directly with such
contractors and/or subcontractors.
b. the State and/or its agent is able to
assume primary responsibility for successful completion of the entire
project.
c. the construction
project is for the rehabilitation or renovation of a building or
buildings.
d. the contract(s) for
the rehabilitation or renovation of any building(s) in the aggregate are
estimated to cost less than two million dollars ($2,000,000).
3. Design-Build. In a design-build
project, a person or firm contracts directly with the State to meet the State's
requirements as described in a set of design or engineering specifications,
bridging documents, or scope of work. Final design and construction are both
the responsibility of the design-build contractor. This method can include
projects where the design-build contractor supplies the site as part of the
design-build package. The design-build method may be selected for a project
only when it is determined in writing by the Chief Purchasing Officer that the
following criteria will be met:
a. the State
does not have the ability to prepare the requisite design or engineering
specifications, bridging documents, or scope of work.
b. the State cannot manage or supervise the
work of specialty trade contractors and it is not in the State's best interest
to contract directly with such specialty contractors.
c. the State determines that it is in its
best interest for a design- build firm to assume responsibility for both
final design and construction of the project.
d. due to time constraints and the need to
complete the project on an expedited basis, it is in the State's best interest
to select a design-build contractor rather than a general contractor for the
project.
e. construction work on
the project has an estimated cost equal to or greater than two-million
five-hundred thousand dollars ($2,500,000).
f. the State desires to have a single firm
responsible for both design and construction.
4. Construction Manager At Risk. The terms
"Construction Manager at Risk", "construction management at-risk services,"
"construction management at-risk delivery method" shall all be limited to that
certain construction method defined by R.I. Gen. Laws §
37-2-7(30).
The terms "construction manager at-risk" and "construction management at-risk
firm" shall be limited as defined by R.I. Gen. Laws §
37-2-7(31).
The construction manager at risk method of construction management may be
selected for a project only when it is determined in writing by the Chief
Purchasing Officer that all criteria mandated by R.I. Gen. Laws §§
37-2-27.2,
27.3, and 27.4, as amended have been met.
5. "Owner's Program Manager" shall be limited
to that certain construction method defined by R.I. Gen. Laws §
37-2-7(32),
as amended. The Owner's Program Manager method may be selected for a project
only when it is determined in writing by the Chief Purchasing Officer that the
following criteria will be met:
a. the State
does not have the ability to prepare the requisite design or engineering
specifications, bridging documents, or scope of work;
b. the State cannot manage or supervise the
work of specialty trade contractors and will not contract directly with such
specialty trade contractors;
c. it
is in the State's best interest to retain a program manager to supervise and or
monitor the activities of a general contractor; and/or
d. it is in the State's best interest to
retain a program manager to supervise and or monitor the engineering and
architectural services for a project;
e. the construction project has an estimated
cost equal to or greater than ten thousand dollars ($10,000).
D. Construction
Contract Management Selection Information. In addition to criteria set-forth in
§
8.11(C) of
this Part, the following information for a particular project shall be
submitted to the Chief Purchasing Officer under §
8.11(E) of
this Part:
1. when the project must be
completed or ready for occupancy or use;
2. the specific nature of the project and its
specialized needs, e.g. housing, offices, laboratories, and specialized
construction;
3. the extent to
which the requirements of the procuring agency and the ways in which said
requirements are to be met are known;
4. the location of the project;
5. the size, scope, complexity, and economics
of the project;
6. the amount and
type of financing available for the project, including whether the budget is
fixed and the source of funding, e.g., general or special appropriation,
federal assistance moneys, general obligation bonds or revenue bonds;
7. the availability, qualification, and
experience of State personnel to be assigned to the project and how much time
the State personnel can devote to the project;
8. the availability, experience and
qualifications of outside consultants and contractors to complete the project
under the various methods being considered;
9. the method of source selection under the
State Purchases Act that will be used to award a contract to a vendor for this
particular project.
E.
Documentation of Selection Determination. Using and including the information
in §
8.11(D) of
this Part, the purchasing agent or purchasing agency responsible for carrying
out the construction project shall set forth in writing to the Chief Purchasing
Officer the facts that led to the selection of a particular method of
construction contract management pursuant to the criteria set forth in
§§
8.11(B) or
(C) of this Part and the information required
in §
8.11(D) of
this Part. The Chief Purchasing Officer shall include in the contract file a
written statement setting forth the facts that led to the selection of a
particular method of management of construction in each instance. The Chief
Purchasing Officer's written statement may adopt, in whole or in part, any
written statements provided by the purchasing agent or the purchasing
agency.
F. Protest. Any actual or
prospective bidder, offeror, or contractor, who is aggrieved in connection with
the solicitation, selection, or award of a method of construction management
contract, may file a bid protest with the Chief Purchasing Officer pursuant to
R.I. Gen Laws §
37-2-52 using the procedures required by §
1.6 of this
Subchapter.
