Arkansas Administrative Code › Agency 234 - Department of Transformation and Shared Services › Division 02 - Division of Building Authority › Rule 234.02.22-001 - Buliding Authority Minimum Standards and Criteria

Current through Register Vol. 49, No. 6, June, 2024
SECTION ONE
-
			 GENERAL/DEFINITIONS
1-100 SCOPE
This document shall be known as the Department of
				Transformation and Shared Services, Division of Building Authority Minimum
				Standards and Criteria (MSC). Copies of this manual may be obtained from
				Division of Building Authority (DBA). It may also be examined in the Office of
				the Secretary of State DBA maintains a website at
http://www.transform.ar.gov/building-authority/
.
				The MSC may also be reviewed or downloaded from this site. The purpose of this
				document is to establish standards and procedures as required by Ark. Code Ann.
				§
										22-2-101 et seq.
				and by other applicable laws.
1-101 PURPOSE
DBA has various duties and responsibilities involving capital
				improvements, real estate transfers and leases. Capital improvements are
				overseen and managed in part by the Construction, Design Review, and Building
				Operations Sections. The Real Estate Services Section oversees the state
				leasing of publicly or privately owned space as well as transfers of State real
				property.
1-102 FUNCTION
Although DBA has specific tasks, which it carries out basis, it
				also has within its organization the expertise to serve various state entities
				in the resolution of special problems relating to state-owned and leased
				buildings. Other functions of DBA are described by law and as determined by the
				DBA Director or the Department of Transformation and Shared Services
				Secretary.
1-103
			 ORGANIZATION
(A) DBA functions under the
			 guidance of the Secretary of the Department of Transformation and Shared
			 Services (TSS) pursuant to Ark. Code Ann. §
										22-2-101 et
			 seq., also known as the Building Authority Division Act. DBA is empowered to
			 establish policies, guidelines, standards, and procedures to guide and govern
			 the division, however in certain instances, DBA may promulgate rules of its
			 own.
(B) The daily operation of DBA
			 is administered by a Director who reports to the TSS Secretary. Four sections
			 are established within DBA having duties specifically assigned by law and with
			 the administrator of each office being directly responsible to the DBA
			 Director. These sections are the Building Operations Section, the Construction
			 Section, the Design Review Section, and the Real Estate Services Section. The
			 DBA Director may transfer duties and functions among the various sections of
			 DBA and effect any other organizational or administrative changes that may be
			 necessary to bring about the efficient and effective implementation of the
			 applicable laws.
1-104
			 REGULATORY AUTHORITY
The authority of DBA to issue rules is established by Ark. Code
				Ann. §
										22-2-101 et seq.
				All departments, divisions, and other entities within DBA jurisdiction are
				within the jurisdiction of the MSC, including Institutions of Higher Education
				who have entered into agreements with DBA pursuant to Ark. Code Ann. § 22-
				2-113(b)(1).
1-105
			 DEFINITIONS
(1) Americans with Disabilities
			 Act Accessibility definitions are located in §2-1000.
(2) Addendum/Addenda means a supplement or
			 supplements to the bid documents, issued prior to the submission of bids, for
			 the purpose of clarifying, correcting, deleting, or adding to the bid documents
			 previously issued.
(3) Department
			 means any department, division, or other entity of the state including boards,
			 commissions, agencies, and institutions of higher learning, which are under the
			 jurisdiction of DBA pursuant to Arkansas laws or rules.
(4) Alteration means work performed to change
			 the interior arrangement or other physical characteristics of an existing
			 facility or installed equipment so that it can be adapted to a new
			 use.
(5) Bid Documents means all
			 documents associated with the bid process, which includes but are not limited
			 to the advertisement, invitation to bid, instruction to bidders, the bid form,
			 and the proposed contract documents including any addenda issued prior to the
			 receipt of bids.
(6) Bid
			 Formalities means requirements established by statute for bidding that shall
			 not be waived.
(7) Bid Tabulation
			 means a tabulation of all bids received, reflecting bidders name, address,
			 license number (if applicable), amount of bid(s), receipt of bid bond,
			 acknowledgement of addenda, and sub-contractors' names.
(8) Building or Facility means all or any
			 portion of building, structures, equipment, roads, walks, parking lots, parks,
			 sites, or other real property or interest in such property.
(9) Building Operations Administrator means
			 the Building Authority Division Building Operations Section
			 Administrator.
(10) Building
			 Operations Section means the Building Authority Division Building Operations
			 Section.
(11) Capital improvement
			 means all lands, buildings, structures, utilities, on-site and off - site
			 improvements, and other appertaining improvements, existing or future, and all
			 construction, repairs, alterations, demolitions, and renovations thereof which
			 are undertaken, owned, operated, or otherwise managed by a department except
			 those exempted by law or regulation. However, demolitions used within this
			 meaning, pertains to the bidding/awarding/contracting of such projects and does
			 not in any way abrogate the rules pertaining to the TSS M& R
			 program.
(12) Change Order is
			 defined as an amendment to the contract that is a written authorization
			 executed by the Owner, Design Professional, Contractor, and approved by DBA to
			 change the design or scope of work from the original plans, specifications, or
			 other contract documents. This can include changes in price and time to
			 complete the project. A change order must fall within the original capacity of
			 the project. Upon proper execution and DBA approval, the change order modifies
			 the original contract between Owner and Contractor and becomes part of the
			 contract documents.
(13)
			 Commissioning means a systematic process of ensuring that building systems
			 perform interactively according to the design intent and the Owner's
			 operational needs. This is achieved beginning in the design phase by
			 documenting the design intent and continuing through construction, acceptance,
			 and the warranty period with actual verification of performance, operation and
			 maintenance (O& M) documentation verification and training of operating
			 personnel. (See also re-commissioning and retro- commissioning)
(14) Competitive Bid means bidding by quote
			 from a minimum of three (3) invited bidders for capital improvements where
			 solicitation of bids by formal means is unnecessary due to the quote bid limit.
			 Competitive bids may be solicited by mail, telephone, email, fax or in person
			 by the purchasing agent.
(15)
			 Construction means making or forming an improvement by combining parts, labor,
			 or materials, the erection, alteration, or repair of a structure or physical
			 object under the jurisdiction of DBA.
(16) Construction Administrator means the DBA
			 Construction Section Administrator.
(17) Construction Section means the Building
			 Authority Division Construction Section.
(18) Contract Documents means those documents
			 which comprise a contract in a capital improvement project including but not
			 limited to the owner department/contractor agreement, the general and
			 supplementary conditions of the contract, plans or drawings or both,
			 specifications, all addenda, modifications, and change orders together with any
			 other items stipulated as being specifically included.
(19) Design Professional means a person or
			 firm who provides professional expertise to carry out a capital improvement.
			 Design professionals may include but may not be limited to the following
			 professionals: Planners (land, city, utilities, etc.), Architects, Landscape
			 Architects, Surveyors (land), and Engineers (Consulting and Professional
			 Engineers providing expertise in various licensed fields only that is, civil,
			 electrical, mechanical, structural, sanitary, etc.).
(20) Design Review Section means the Building
			 Authority Division Design Review Section.
(21) Director means the Director of Building
			 Authority Division.
(22) Element
			 means and includes but not limited to an architectural or mechanical component
			 of a building, facility, space, or site, e.g. telephone, curb ramp, door,
			 drinking fountain, and seating.
(23) Final Completion means the department,
			 with DBA approval, acceptance of a project from the contractor or Lessor upon
			 certification by the design professional, if applicable, that the project is
			 complete and in accordance with the contract documents; final acceptance is
			 confirmed by making the final payment unless otherwise stipulated at the time
			 of making such payment or by letter of notification and rent commencement in
			 leasing situations.
(24) Formal
			 Bid, as used within the Construction Section, means a bid that has been
			 solicited through published plans and specifications in accordance with
			 statutory requirements including: legal advertising stating a bid time, bid
			 date, and bid opening at a published location; bond requirements; wage
			 determination (if applicable), etc. Formal Bid, as used within the Real Estate
			 Services Section means a bid that has been solicited through published
			 specification and criteria, advertised notice stating a bid time and date for a
			 bid opening at a published location.
(25) Formalities means any procedural,
			 administrative, or clerical requirements not required by statute. Formalities
			 may be waived where such waiver is in the best interest of the state.
			 Formalities in bid documents, which contain the word "shall" may be waived
			 where such waiver is in the best interest of the agency and not required by
			 statute.
(26) Improvements means a
			 change or addition that improves the original intended purpose, performance or
			 appearance of an existing facility or equipment.
(27) Intent to Award means a letter to the
			 contractor who has the successful bid for a project stating that it is the
			 owner's intent to award him a contract. Intent to award letters may be issued
			 to assist contractors in obtaining performance bonds prior to issuance of a
			 contract.
(28) Maintenance Work
			 means the repair, but not the replacement, of existing facilities or equipment
			 when the size capacity, type or extent of the existing facility or equipment is
			 not thereby changed or increased.
(29) Minimum Standards and Criteria (MSC) -
			 means those standards and criteria relating to bidding and requests for
			 proposals, construction, design, maintenance, roofing, transfers of property,
			 including but not limited to the purchasing or selling of property, and leasing
			 of departments' capital improvements or leasing of private properties to
			 Departments.
(30) MSC means the
			 Building Authority Division Minimum Standards and Criteria.
(31) Notice to Proceed means a written notice
			 to proceed with prosecution of the work on a specific project in accordance
			 with a DBA approved contract.
(32)
			 Performance Specification means a specification which generally describes the
			 characteristics of the item required, e.g. the style, type, quality, character,
			 economy of operation and purpose to be served by the item and the results
			 required of the item provided. It does not restrict the bidder to a specific
			 brand, make, or manufacturer, nor does it tell the Contractor how to achieve
			 the required result.
(33)
			 Proprietary Specifications means a specification that limits or restricts the
			 bidder to two (2) sources only for a product or service. Specifications are
			 considered proprietary when:
(1) Only two (2)
			 manufacturers or suppliers can provide an acceptable product or system and
			 where no substitutions are allowed;
(2) Only one manufacturer can provide an
			 acceptable product or service but two (2) or more vendors or suppliers can
			 compete to provide the product or system.
(34) Real Property means building(s) or
			 land(s); real estate.
(35) Real
			 Estate Services Section means the Building Authority Division Real Estate
			 Services Section.
(36) Real Estate
			 Services Administrator means the administrator of the DBA Real Estate Services
			 Section.
(37) Re-Commissioning
			 means the process of re-verifying the performance of building systems that have
			 been commissioned previously to ensure the systems continue to operate
			 according to the design intent or current operating needs. Re-commissioning may
			 be initiated periodically or in response to building renovation or a change in
			 usage.
(38) Retro-Commissioning
			 means the process of commissioning existing building systems that were not
			 commissioned when originally constructed. It is a process to ensure building
			 systems perform interactively according to the design intent and/or meet the
			 Owner's current operational needs. This is achieved by documenting the design
			 intent where possible and the current operational needs measuring the existing
			 performance, implementing necessary operational and/or system modifications,
			 followed by actual verification of performance, operation, and maintenance
			 (O& M) documentation verification, and training of operating
			 personnel.
(39) Repair: The
			 necessary work to restore a facility component or fixed asset to its intended
			 use.
(40) Request for Proposals
			 means all documents, whether attached or incorporated by reference, utilized
			 for soliciting proposals for negotiated work or services.
(41) DBA means Building Authority
			 Division.
(42) Shall as written in
			 the pages of the Building Authority Division Minimum Standards and Criteria
			 denotes a mandatory requirement. Formalities in bid, requests for proposal, or
			 request for qualification documents which contain the word "shall" may be
			 waived where not required by law and a waiver is in the best interest of the
			 State.
(43) Site means a parcel of
			 land bounded by a property line or a designated portion of a public
			 right-of-way.
(44) Site
			 Improvements means various improvements including but not limited to
			 landscaping, paving for pedestrian land vehicular ways, outdoor lighting,
			 recreational facilities, and similar site additions.
(45) Split Purchases means dividing a capital
			 improvement purchase into various components to avoid bidding
			 procedures.
(46) Standard
			 Professional Services Contract means the agreement, along with any initial or
			 subsequent attachments or amendments, between the department and the design
			 professional pursuant to Ark. Code Ann. §
										19-11-1001.
(47) Sole Source means a product, item of
			 equipment, service or combination of these which is available from only one
			 manufacturer, vendor or provider in an area to the exclusion of others (e.g.
			 within the constraints of the particular project whether geographic, time,
			 material, software support, or other). If products, equipment, or services are
			 franchised to only one vendor in an area, the vendor would be considered a Sole
			 source for such products, equipment or services specified for the
			 project.
(48) State Architect means
			 the DBA State Architect.
(49) State
			 Engineer means the DBA State Engineer.
(50) DBA Substantial Completion means the
			 project contracted for or a designated portion thereof, is sufficiently
			 complete, in accordance with the contract documents, so the owner department
			 may occupy the space, or designated portion thereof, for the use in which it is
			 intended despite minor defects to be corrected or minor incomplete aspects of
			 the work.
(51) Work means all
			 labor, materials, equipment, and other services necessary to perform the
			 complete services, or any separate identifiable part thereof, or to provide the
			 completed product required by the Contract. In construction, work includes, but
			 is not limited to performing services, furnishing labor, furnishing, and
			 incorporating materials and equipment into the construction to provide the
			 entire completed construction, or the various separately identifiable parts
			 thereof, as required by the contract documents.