63G-6-501 - Alternative methods of construction contracting management.
63G-6-501. Alternative methods of construction contracting management.
(1) (a) Rules shall provide as many alternative methods of construction contractingmanagement as determined to be feasible.
(b) These rules shall:
(i) grant to the chief procurement officer or the head of the purchasing agencyresponsible for carrying out the construction project the discretion to select the appropriatemethod of construction contracting management for a particular project; and
(ii) require the procurement officer to execute and include in the contract file a writtenstatement setting forth the facts which led to the selection of a particular method of constructioncontracting management for each project.
(c) Before choosing a construction contracting management method, the chiefprocurement officer or the head of the purchasing agency responsible for carrying out theconstruction project shall consider the following factors:
(i) when the project must be ready to be occupied;
(ii) the type of project;
(iii) the extent to which the requirements of the procuring agencies and the ways inwhich they are to be met are known;
(iv) the location of the project;
(v) the size, scope, complexity, and economics of the project;
(vi) the source of funding and any resulting constraints necessitated by the fundingsource;
(vii) the availability, qualification, and experience of state personnel to be assigned to theproject and how much time the state personnel can devote to the project; and
(viii) the availability, qualifications, and experience of outside consultants andcontractors to complete the project under the various methods being considered.
(2) (a) Rules adopted by state public procurement units and local public procurementunits to implement this section may authorize the use of a Construction Manager/GeneralContractor as one method of construction contracting management.
(b) Those rules shall require that:
(i) the Construction Manager/General Contractor shall be selected using one of thesource selection methods provided for in Part 4, Source Selections and Contract Formation, andSection 63G-6-502; and
(ii) when entering into any subcontract that was not specifically included in theConstruction Manager/General Contractor's cost proposal submitted under the requirements ofSubsection (2)(b)(i), the Construction Manager/General Contractor shall procure thatsubcontractor by using one of the source selection methods provided for in Part 4, SourceSelections and Contract Formation, in the same manner as if the subcontract work was procureddirectly by the state.
(3) Procurement rules adopted by the State Building Board under Subsection (1) for statebuilding construction projects may authorize the use of a design-build provider as one method ofconstruction contracting management.
Renumbered and Amended by Chapter 382, 2008 General Session