THE DETERMINATION OF APPROPRIATE PROJECT DELIVERY METHOD

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THE DETERMINATION OF APPROPRIATE PROJECT DELIVERY
METHOD
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AUTHORIZED PROJECT DELIVERY METHODS

• Section 11-35-3005(1)   
• design-bid-build
• construction management at-risk
• design-build
• design-build-operate-maintain and
• design-build-finance-operate-maintain.
• any combination of the above methods approved by
  the State Engineer

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Project Delivery Options Translator Defining
Characteristics of Each Option
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Agency Must Determine Which Project Delivery
Method is Most Advantageous to State for the
Project at Hand SC Reg
19-445.2145(B)(1)

• Will the selected method result in the most
  timely, economical, and otherwise successful
  completion of the project

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Agency Must Carefully Assess

• Requirements the project must satisfy
• Other characteristics that would be in the best
  interest of the State

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Facts Considerations (what, when, why)

• Facility
• type of infrastructure facility or service to be
  acquired
• size, scope, complexity, and technological
  difficulty
• extent to which the design requirements for the
  Infrastructure Facility are known, stable, and
  established in writing
• Location
• Time Deadlines

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• Financing to support design, construction,
  operations, maintenance, repairs, and demolition
  over the facility life cycle
• Sources of funding
• Projected cash flow
• Available Project Delivery Methods
• comparative advantages and disadvantages of each
• how these methods may be appropriately configured
  and applied to fulfill State requirements
• the methods used on similar projects in the past
  and results achieved

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• Decision-Making and Administrative Services
• State personnel available to the governmental
  body
• Extent to which functions may be appropriately
  assigned to designers, builders,
  construction-managers at-risk, design-builders,
  DBO producers, DBFO producers, peer reviewers, or
  operators
• Extent to which outside consultants, including
  construction manager agent, may be able to assist
  the governmental body

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The Written Determination

• Must describe
• Project delivery method (Section 11-35-3005),
• Source selection method (Section 11-35-3015 and
  11-35-1510),
• Any additional procurement procedures (11-35-3023
  and 11-35-3024(2)(c), and
• Types of performance security selected (Sections
  11-35-3030 and 11-35-3037)
• Must set forth the facts and considerations
  leading to these selections (see previous slides)

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The Determination Sloan v. Greenville County

• Must effectively inform your governing Board why
  selected delivery method works to the states
  best advantage for the project at issue
• Must provide the citizens of the state a window
  into the agencys decision-making process
  safeguarding the quality and integrity of the
  contract awards through public accountability

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Design-Bid-Build Using Competitive Sealed
Bidding SC Reg 19-445.2145(B)(3)

• Is an appropriate project delivery method for
  any infrastructure facility and may be used by
  any governmental body without further project
  specific justification
• Excepting guaranteed energy, water, and waste
  water savings projects

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Determination to Use Design-Bid-Build

• Project Name ______________________Project No
  ________________________Regarding the above
  referenced project, I have determined as follows
  1 Design-bid-build is the appropriate project
  delivery method, as provided by Regulation
  19-445.2145(B)(3). 2 Competitive sealed bidding
  is the appropriate source selection method, as
  provided by Section 11-35-3015(2)(b). 3 No
  additional procurement procedures, as addressed
  in Sections 11-35-3023 and 11-35-1024(2)(c), will
  be utilized. 4 Bonds or a certified cashier's
  check, as provided in Section 11-35-3030 and
  Regulation 19-445.2145(C), will be required based
  on the project delivery method.

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Determination to use a Project Delivery Method
Other Than Design-Bid-Build Must Explain Why the
use of Design-Bid-Build is not Practical or
Advantageous to the State
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State Engineer Approval Required

• Submit Agency Determination with Request for
  Approval to OSE

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Special Considerations for Alternative Project
Delivery

• Request for Proposal Process must be conducted
  under the supervision of OSE
• RFP process described in Chpt. 6.2 of the Manual
  for Planning and Execution of State Permanent
  Improvement Projects, Pat II
• RFP Handbook
• Everyone involved in the selection process,
  including approvals must execute a conflict of
  interest and confidentiallity statement

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Special Requirements of Design-Build

• Design Requirements
• Proposal Development Documents
• Independent Peer Review

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Design Requirements

• written description of the infrastructure
  facility including
• required features, functions, characteristics,
  qualities, and properties
• anticipated schedule, including start, duration,
  and completion and
• estimated budgets for design, construction,
  operation, and maintenance.
• may, but need not, include drawings and other
  documents illustrating the scale and relationship
  of the features, functions, and characteristics
  of the project.

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Proposal Development Documents

• Drawings Other Related Data Sufficient to Fix
  and Describe
• Size
• Character
• Price

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Independent Peer Review

• to confirm that the key elements of the
  professional engineering and architectural design
  provided by the contractor are in conformance
  with the applicable standard of care

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Special Considerations for CM at
Risk19-445.2145(N)

• Prior to contracting for a GMP, CM services paid
  as a fee based on fixed rate, fixed amount, or
  fixed formula
• construction may not commence until after Agency
  and CM contract for a fixed price or a GMP
  regarding that portion of the construction

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QUESTIONS?