Utah Admin. Code R33-13-205 - Special Provisions Regarding Construction Manager/General Contractor

(1) In the selection of a construction manager/general contractor, a standard procurement process as defined in Section 63G-6a-103 may be used or an exception allowed under Title 63G, Chapter 6a, Part 8, Exceptions to Procurement Requirements.

(2) When the CM/GC enters into any subcontract that was not specifically included in the construction manager or general contractor's cost proposal, the CM/GC shall procure the subcontractor by using a standard procurement process as defined in Section 63G-6a-103 of the Procurement Code or an exception to the requirement to use a standard procurement process, described in Title 63G, Chapter 6a, Part 8, Exceptions to Procurement Requirements.

(3)

(a) As used in this rule, "management fee" includes only the following fees of the CM/GC:

(i) preconstruction phase services;

(ii) monthly supervision fees for the construction phase; and

(iii) overhead and profit for the construction phase.

(b) When selecting a CM/GC for a construction project, the evaluation committee:

(i) may score a CM/GC based upon criteria contained in the solicitation, including qualifications, performance ratings, references, management plan, certifications, and other project specific criteria described in the solicitation;

(ii) may, as described in the solicitation, weight and score the management fee as a fixed rate or as a fixed percentage of the estimated contract value;

(iii) may, at any time after the opening of the responses to the request for proposals, have access to, and consider, the management fee proposed by the offerors; and

(iv) except as provided in Section 63G-6a-707, may not know or have access to any other information relating to the cost of construction submitted by the offerors, until after the evaluation committee submits its final recommended scores on other criteria to the procurement unit.

Notes

Utah Admin. Code R33-13-205

Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017 Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021