TITLE 37
Public Property and Works
CHAPTER 37-2
State Purchases
SECTION 37-2-27.1
§ 37-2-27.1 Procurement of construction
manager at-risk services Written determination.
(a) Prior to procuring construction manager at-risk services, the chief
purchasing officer must sign a written determination documenting the following:
(1) That in accordance with the factors set forth in
subsection (c) below, the general contractor method of construction management
as provided under § 37-2-18 is not practicable for the construction of the
project or will not result in the best value for the state;
(2) That the using agency has clearly identified in writing
why the use of construction management at-risk method of construction
management as defined under § 37-2-7(30) is appropriate for the building
project;
(3) That the building project has an estimated construction
value of five million dollars ($5,000,000) or more;
(4) That the using agency has in place written procedures to
ensure fairness in competition, evaluation, and reporting of results at every
stage in the procurement process;
(5) That the using agency has the capacity, a detailed plan,
and procedures in place to effectively procure and manage construction
management at-risk services for the project and has procured the services of a
qualified owner's program manager for the project, as set forth in §
37-2-7(32); and
(6) That the using agency has a detailed, written plan with
clearly identified procedures to monitor and approve all reimbursable costs for
the project.
The chief purchasing officer shall file copies of the written
determination with the president of the senate, the speaker of the house, the
senate fiscal advisor and the house fiscal advisor no later than three (3)
business days after executing the written determination.
(b) Except for § 37-2-27.1(d), notwithstanding any
other provision to the contrary, including any provision exempting any entity
from the requirements of this chapter, the chief executive officer of a public
corporation as defined in § 35-20-5(4), or the chief executive officer of
a public agency as defined in § 37-2-7(16), prior to procuring
construction manager at-risk services, shall sign a written determination
documenting the following:
(1) That in accordance with the factors set forth in
subsection (c) below, the general contractor method of construction management
is not practicable for the construction of the project or will not result in
the best value for the public corporation or the public agency;
(2) Why the use of construction management at-risk method of
construction management is appropriate for the building project;
(3) That the building project has an estimated construction
value of five million dollars ($5,000,000) or more;
(4) That the public corporation or public agency has in place
written procedures to ensure fairness in competition, evaluation, and reporting
of results at every stage in the procurement process;
(5) That the public corporation or public agency has the
capacity, a detailed plan, and procedures in place to effectively procure and
manage construction management at-risk services for the project and has
procured the services of a qualified owner's program manager for the project as
set forth in § 37-2-7(32); and
(6) That there is a detailed, written plan with clearly
identified procedures to monitor and approve all reimbursable costs for the
project.
The chief executive officer shall file copies of the written
determination with the president of the senate, the speaker of the house, the
senate fiscal advisor, and the house fiscal advisor no later than three (3)
business days after executing the written determination.
(c) When evaluating the procurement of construction manager
at-risk services, the factors that may be considered in determining whether the
general contractor method of construction management is not practicable or will
not result in the best value for the state, public corporation, or public
agency shall include:
(1) Whether specifications can be prepared that permit award
on the basis of either the lowest bid or the lowest-evaluated bid price;
(2) Whether the available sources, the time and place of
performance, and other relevant circumstances exist as are appropriate for the
use of competitive sealed bidding;
(3) The complexity of the project, including the existing or
proposed infrastructure or structures, required demolition or abatement,
adjacency to other structures or abutters, site constraints, building systems,
uniqueness of design elements, or environmental implications;
(4) The size, scope, and estimated cost of the project;
(5) The adequacy of available documentation regarding the
existing site, buildings, or structures; abutter infrastructure, buildings, or
structures; or other documentation of as-built conditions;
(6) Phasing or logistical challenges arising out of the need
to maintain existing occupancy, continue existing operations, provide phased
occupancy, or achieve more favorable project financing terms;
(7) The anticipated impact of fast-tracked design and
construction on project cost or schedule;
(8) Potential to achieve optimal minority or woman business
enterprise or other subcontractor or vendor participation required in
accordance with any applicable state or federal laws;
(9) The amount and type of financing available for the
project, including whether the budget is fixed and the source of funding, for
example, general or special appropriation, federal assistance monies, general
obligation bonds or revenue bonds;
(10) The administration or implementation of procedures
required to comply with applicable regulations or statutes; and
(11) Mitigating the potential claims against the state
arising from the inherent risks associated with factors noted in subdivisions
(3) through (10) of this subsection.
(d) The provisions of §§ 37-2-27.1 through
37-2-27.5 shall not apply to highway or heavy construction projects that are
procured by either the Rhode Island department of transportation, a public
corporation, a public agency, or any city or town in Rhode Island.
History of Section.
(P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2; P.L. 2014, ch.
357, § 1; P.L. 2014, ch. 400, § 1.)
