Effective 5/4/2022
63G-6a-1302. Alternative methods of construction contracting management.
63G-6a-1302. Alternative methods of construction contracting management.
- (1) A rulemaking authority shall, by rule provide as many alternative methods of construction contracting management as determined to be feasible.
- (2) The rules described in Subsection (1) shall:
- (a) grant to the procurement official responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting management for a particular project; and
- (b) require the procurement official to execute and include in the contract file a written statement describing the facts that led to the selection of a particular method of construction contracting management for each project.
- (3) Before choosing a construction contracting management method, the procurement official responsible for carrying out the construction project shall consider the following factors:
- (a) when the project must be ready to be occupied;
- (b) the type of project;
- (c) the extent to which the requirements of the procurement unit, and the way they are to be met are known;
- (d) the location of the project;
- (e) the size, scope, complexity, and economics of the project;
- (f) the source of funding and any resulting constraints necessitated by the funding source;
- (g) the availability, qualification, and experience of public personnel to be assigned to the project and the amount of time that the public personnel can devote to the project; and
- (h) the availability, qualifications, and experience of outside consultants and contractors to complete the project under the various methods being considered.
- (4) A rulemaking authority may make rules that authorize the use of a construction manager/general contractor as one method of construction contracting management.
- (5) The rules described in Subsection (2) shall require that:
- (a) the construction manager/general contractor be selected using:
- (i) a standard procurement process; or
- (ii) an exception to the requirement to use a standard procurement process, described in Part 8, Exceptions to Procurement Requirements; and
- (b) when entering into a subcontract that was not specifically included in the construction manager/general contractor’s cost proposal, the construction manager/general contractor shall procure the subcontractor by using a standard procurement process, or an exception to the requirement to use a standard procurement process, described in Part 8, Exceptions to Procurement Requirements, in the same manner as if the subcontract work was procured directly by the procurement unit.
- (a) the construction manager/general contractor be selected using:
- (6) Procurement rules adopted by the facilities division under Subsections (1) through (3) for state building construction projects may authorize the use of a design-build provider as one method of construction contracting management.
- (7) A design-build contract may include a provision for obtaining the site for the construction project.
- (8) A design-build contract or a construction manager/general contractor contract may include provision by the contractor of operations, maintenance, or financing.
Amended by Chapter 421, 2022 General Session