Ga. Comp. R. & Regs. R. 160-5-4-.18 - Bidding Requirements for School Capital Outlay Projects
(1)
DEFINITIONS.
(a)
Design/bid/build - a construction delivery method that involves
securing competitively bid lumpsum construction. Contracts are based on
complete and prescriptive contract documents prepared by architects and
engineers and made up of drawings, specifications, and supporting information.
The design-bid-build/lumpsum (or stipulated sum) delivery system, uses
competitive bidding among general contractors, with performance/payment bonds,
and various other statutory requirements and State Board of Education rules
being employed to protect the owner's investments. While bidders may be asked
to prequalify, the procurement process must be a competitive sealed bid, with
the price being the only factor, subject to the bidder showing it is both
responsible and its bid is responsive to the solicitation.
(b)
Construction Manager/General
Contractor at Risk - a construction delivery method that allows the
owner to (1) hire a construction manager at any time during the project
pre-design phase. The construction manager and the architect/engineer work
together to develop and estimate costs for the design. A guaranteed maximum
price is provided by the construction manager at risk who then receives
proposals and awards contracts to subcontractors; or (2) hire a general
contractor after the completion of the design phase. The procurement process
for the construction manager or general contract or must be a competitive
qualifications selection. Following a procedure similar to that contained in
O.C.G.A.§
36-91-20et
seq. is acceptable.
(c)
Design/Build - a construction delivery method where in the builder
and the architect are one entity hired to deliver the project. A guaranteed
maximum price is usually furnished in the beginning of the project based upon
the design criteria prepared by the Client. The procurement process must be a
competitive qualifications-based selection. Following a procedure similar to
that contained in O.C.G.A. §
36-91-20et
seq. is acceptable.
(d)
Construction Management Services - an individual, company, or firm
that represents the governmental agency in an administrative and oversight
capacity of a construction project. Construction Management Services are
intended to cover the services of a Construction Manager Agent not at risk,
Construction Manager, and Program Manager. The procurement process must be a
competitive qualifications-based selection. Following a procedure similar to
that contained in O.C.G.A. §
36-91-20et
seq. is acceptable.
(2)
REQUIREMENTS.
(a) The requirements of this rule shall apply
to all public school construction projects regardless of project funding source
unless exempt by O.C.G.A. §
36-91-22.
(b) Local boards of education seeking bids or
proposals on a school construction project shall comply with the provisions of
O.C.G.A. §
36-91-1,
and shall advertise for bids or proposals in accordance with O.C.G.A. §
36-91-20(b)
and
36-80-26.
(c) Local boards of education shall not
restrict open and competitive award requirements on construction projects. Any
criteria or process adopted by a local board of education for the purpose of
pre-qualifying prospective bidders shall be in compliance with O.C.G.A. §
36-91-20(f)
and
36-91-23.
(d) Local boards of education shall make
available complete sets of plans and specifications to all bidders on
construction projects using a design/bid/build construction delivery method.
Projects using any other construction delivery methods shall submit plans and
specifications for approval as appropriate based on the delivery method used.
For construction delivery methods where competitive sealed bids and/or
proposals are appropriate, plans and specifications shall be available to all
offerors as required by O.C.G.A. §
36-91-21(c).
(e) Local boards of education shall not
restrict the competitive award requirements on construction projects on the
basis of race, religion, sex, disability, age or national origin.
(f) Local boards of education shall submit to
the department a certified tabulation of all bids/proposals received for
construction projects.
(g) Local
boards of education may use deductive alternates to reduce the base bid on
state-funded projects using the design/bid/build construction delivery method;
however, the deductive alternates shall be bid prioritized and exercised in
numerical sequence as used in the bid documents. When the local school system
determines that deductive alternatives must be selected, all bids will be
recalculated removing the deductive alternates to be taken. The low bid shall
then be determined on the base bid less any deductive alternates.
(h) The plans and specifications shall
indicate if the project will be awarded by base bid or base bid plus selected
alternates. Additive alternates may be exercised in any order. If the plans and
specifications state that the contract will be awarded on base bid, then
additive alternates are considered only after the low base bidder has been
declared. If the plans and specifications state that the project will be
awarded by base bid plus additive alternates, all bids will be recalculated
adding the additive alternates to be taken. The low bid shall then be
determined on the base bid plus the selected additive alternates.
(i) Local boards of education shall comply
with all procedures contained in Guidelines for Receiving State Capital
Outlay Funds when bidding state-funded Capital Outlay projects. Copies
of this publication may be obtained from the department or downloaded directly
from the web at
http://www.gadoe.org/Finance-and-Business-Operations/Facilities-Services/Documents/8.%20Guideline%20for%20Receiving%20State%20Capital%20Outlay%20Funds%20051012.pdf.
Notes
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