SUBCHAPTER 30J - CONSTRUCTION MANAGER-AT-RISK SELECTION
PROCEDURES
Section .0100 - GENERAL PROVISIONS
01 NCAC 30J .0101 AUTHORITY
History Note: Authority G.S. 143-135.26; S.L. 2001-496,
s. 11;
Temporary Adoption Eff. February 1, 2003;
Temporary Adoption Expired December 18, 2003.
01 NCAC 30J .0102 POLICY
The State Building Commission shall select construction
manager-at-risk for State capital improvement projects as defined in G.S.
143-128.1, based on criteria contained in this Subchapter and make available to
every firm, licensed as a general contractor in the State of North Carolina,
the opportunity to be considered for providing construction management-at-risk
services for those departments and agencies under its jurisdiction. The State
Building Commission shall select a construction manager-at-risk for State
capital improvement project who is in compliance with the minority business
participation requirements as prescribed in G.S. 143-128.2. The construction
manager-at-risk shall use a standard form of contract authorized by the SBC for
the public owner, construction manager-at-risk, and first-tier subcontractor.
History Note: Authority: G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0103 DEFINITIONS
For purposes of this subchapter, the following definitions
shall apply:
(1) "Capital Projects Coordinator" means the
individual or designee authorized by each funded agency to coordinate all
capital improvement projects and related matters for the agency with the State
Construction Office and to represent that agency on all matters presented to
the SBC. The individual so designated for purposes of this Subchapter may have
other titles within his agency but shall carry out the duties assigned by the rules
in this Subchapter to the capital projects coordinator.
(2) "Construction Manager-at-Risk" means a
person, corporation, or entity that provides construction management-at-risk
services.
(3) "Construction Management-at-Risk Services"
means services provided by a person, corporation, or entity that:
(a) provides construction management services
for a project throughout the preconstruction and construction phases,
(b) who is licensed as a general contractor, and
(c) who guarantees the cost of the project.
(4) "First-Tier Subcontractor" means a
subcontractor who contracts directly with the Construction Manager-at-Risk.
(5) "Contact person" means the person named
in the public advertisement who shall be the Capital Projects Coordinator or
his/her designee.
(6) "Funded agency" means the department,
agency, authority or office that is named in the legislation appropriating
funds for the design and construction project.
(7) "Using agency" means the subdivision of
the funded agency for whose use the project is to be provided. If the funded
agency is so subdivided for administrative control, the using agency would be a
division, geographically self-contained facility, campus or similar body, as
determined by the administrative head of the funded agency.
(8) "Minority Business" means a business:
(a) in which at least 51% is owned by one or
more minority persons, or in the case of corporation, in which at least 51% of
the stock is owned by one or more minority persons or socially and economically
disadvantaged individuals; and
(b) of which the management and daily business
operations are controlled by one or more of the minority persons or socially
and economically disadvantaged individuals who own it.
(9) "Socially and economically disadvantaged
individual" means the same as defined in 15 U.S.C. 637.
History Note: Authority: G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 ncac 30j .0201 PROJECT DESCRIPTION
Each Capital Projects Coordinator shall provide the State
Construction Office with a written description of the construction
management-at-risk services desired, the program or scope of work, schedule
requirements, amount of authorized funds, owner agency responsible for the
project, name and contact information of the owner's project representative,
link to owner agency's website where RFP and project detail may be obtained,
date RFP to be published, closing date, time and location contractor letters of
interest are to be submitted and any special licenses, skills, or experience of
the contractor not already listed for each project requiring construction
management-at-risk services. This information shall be provided to the State
Construction Office for publication on State Construction Office website. The
Capital Projects Coordinator shall initiate the Construction Manager-at-Risk
selection process and shall make his/her best effort to enable the completion
of the selection process within 60 days of the date of the above notification.
History Note: Authority G.S. 143-135.26; S.L. 2001-496,
s. 11;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0202 PUBLIC ANNOUNCEMENT
(a) Based upon project information furnished by a Capital
Projects Coordinator, the State Construction Office shall publish an
announcement of the need for construction management-at-risk services, a
designated contact person in the using agency and the closing date on the State
Construction Office website. This public announcement shall be published prior
to Construction Manager-at-Risk selection.
(b) The closing date for being considered for construction
management-at-risk services shall be at least 21 days from date of publication
on the State Construction Office website. Responses to Request For Proposal
(RFP) for each project must be received by the Capital Project Coordinator
prior to a firm's being considered for construction management-at-risk services.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
SECTION .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK
01 NCAC 30J .0301 CONSTRUCTION MANAGER-AT-RISK
QUALIFICATIONS
All firms desiring to provide construction
management-at-risk services shall submit all information required in the RFP
for the public owner's review and evaluation. Firms shall submit evidence of
compliance with the requirements of the RFP. Each firm shall meet the
requirements of the RFP prior to being considered by the pre-selection
committee as one of the firms most qualified to perform construction
manager-at-risk services. Failure of any firm to furnish all required
information in the RFP shall disqualify the firm from consideration.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 ncac 30j .0302 PRE-SELECTION COMMITTEE
A pre-selection committee shall be established for all
projects requiring construction management-at-risk services. The pre-selection
committee shall consist of at least the capital projects coordinator, a
representative of the using agency and one representative from the State
Construction Office. At least one member of all pre-selection committees shall
be a registered architect, licensed engineer or licensed contractor. The
pre-selection committee shall review the requirements of a specific project and
the qualification of all firms expressing interest in that project and shall
select from that list not more than six nor less than three firms to be
interviewed and evaluated. The pre-selection committee shall interview each of
the selected firms, evaluate each firm interviewed, and rank in order three
firms. The capital projects coordinator shall state in his project description
that the rules for public announcement and selection have been followed or
shall state full particulars if exceptions have been taken.
History Note: Authority G.S. 143-135.26; S.L. 2001-496,
s. 11;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0303 SELECTING CRITERIA
In selecting the three firms to be presented to the SBC, the
pre-selection committee shall take into consideration in the evaluation of the
Proposals such factors as:
(1) Workload that is able to accommodate the addition
of this project.
(2) Record of successfully completed projects of
similar scope without legal or technical problems.
(3) Previous experience with the public owner, a good
working relationship with owner representatives, projects completed in a timely
manner and an acceptable quality of work.
(4) Key personnel that have appropriate for contract
experience and qualifications.
(5) Relevant and easily understood graphic or tabular
presentations.
(6) Completion of - Construction Manager-At-Risk
projects in which there were few differences between the guaranteed maximum
price and final cost.
(7) Projects that were completed on or ahead of
schedule.
(8) Recent experience with project costs and schedules.
(9) Construction administration capabilities.
(10) Proximity to and familiarity with the area where the
project is located.
(11) Quality of compliance plan for minority business
participation as required by G.S. 143-128.2.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0304 CONSTRUCTION MANAGER-AT-RISK
SELECTION FOR UNC SYSTEM PROJECTS
In selecting Construction Manager-at-Risk for its projects,
the UNC system shall comply with the rules in this Subchapter except that:
(1) the pre-selection committee need not include a
representative of the State Construction Office; and
(2) the final selection of Construction Manager-at-Risk
shall be made by the Board of Trustees of the funded institution.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0305 CONSTRUCTION MANAGER-AT-RISK
SELECTION FOR OTHER THAN UNC SYSTEM PROJECTS
(a) Upon receipt of a letter from the capital projects
coordinator listing three firms in priority order along with recommendations
and selection information, the secretary of the SBC, upon determination that
all information has been submitted, shall place the request for consideration
on the agenda for the next SBC meeting.
(b) The capital projects coordinator shall make a report to
the SBC outlining the procedures that were followed and justification for the
priority list of three firms. Upon a determination by the SBC that the rules
in this Subchapter have been followed, the SBC shall:
(1) Affirm the selection of the firms in the priority
order recommended by the agency; or
(2) Select the firms in a different priority order from
that recommended by the funded agency and give justification for such
selection; or
(3) Request a new priority list and give justification
for such request.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.
01 NCAC 30J .0306 CONTRACT NEGOTIATION
After the three firms have been notified of the selection
action by the SBC or the University of North Carolina, a representative from
the State Construction Office, the capital projects coordinator, and a representative
from the using agency shall discuss with the first ranked construction
manager-at-risk services and information about the project. The State
Construction Office shall request in writing a detailed fee proposal from the
first ranked Construction Manager-at-Risk. The State Construction Office in
coordination with the capital projects coordinator and the using agency shall
attempt to negotiate a fair and equitable fee consistent with the project
program and the professional services required for the specific project. In
the event a fee cannot be agreed upon, the State Construction Office shall
terminate the negotiations and shall repeat the notification and negotiation
process with the next ranked firm on the selection list. In the event a fee
cannot be agreed upon with the second-ranked Construction Manager-at-Risk, the
process shall be repeated with the third-ranked Construction Manager-at-Risk.
If a fee still cannot be agreed upon, the SBC shall review the history of
negotiations and make determinations including program adjustments so as to
lead to a negotiated contract with one of the original three firms selected.
Such renegotiation with the firms shall be carried out in the original
selection order, or a call shall be made for the capital projects coordinator
to submit another list of three firms in priority order to the SBC or to the
UNC system. The negotiation process shall continue until a fee has been
determined that is agreed to by the State Construction Office, the using agency
and the Construction Manager-at-Risk. Following execution of the contract, the
State Construction Office shall publish on the State Construction Office
website, the list of three firms selected in priority order, the firm to be
contracted with, and the fee negotiated.
History Note: Authority G.S. 143-135.26;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1, 2004.