Ga. Comp. R. & Regs. R. 672-22-.01 - Statement of Policy and Purpose of Rules & Regulations

(a) Policy. It is the policy of the Department to consider when the public interest is best served by using an Alternative Contracting Method (ACM) to deliver projects under consideration by the Department, pursuant to the ACM Statute.

(b) Suitability of Projects. In assessing the suitability and feasibility of using an ACM to deliver a project, the Department will consider at least the following factors:

(1) Public interest.

(2) Innovation.

(3) Risk identification, risk allocation, and risk mitigation.

(4) Design complexity.

(5) Cost control.

(6) Construction schedule optimization.

(7) Expected benefits from phased project delivery or issuance of multiple work packages.

(8) Projects that present unique needs that would benefit from Construction Manager or Developer involvement early in the design process.

(c) Board Approval. The Department shall submit to the State Transportation Board a written request to proceed with using an Alternative Contracting Method to procure a project when consideration of the factors in (b) indicate the public interest is best served by doing so, in accordance with the ACM Statute. Each request to use an Alternative Contracting Method will clearly identify the statutes and rules that will apply for the solicitation and any resultant ACM agreement. Alternative Contracting Methods that are included in a separate Public Private Initiative or a Public Private Partnership authorized by Section 32-2-80 of the Official Code of Georgia are subject to Board action provided for in Section 32-2-80(f), governed by separate rules and regulations, and are not subject to approval as provided for projects initiated under the ACM Statute.

Notes

Ga. Comp. R. & Regs. R. 672-22-.01

O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.

Original Rule entitled "Statement of Policy and Purpose of Rules & Regulations" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.