Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.01 - Terminology › Section 14.39.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Best Value" means the expected outcome
				of a procurement that provides the greatest overall benefit in response to the
				requirement with consideration given to the quantities involved, the time
				required for delivery, the purpose for which required, the competency and
				responsibility of the bidder, the ability of the bidder to perform satisfactory
				service, the plan for utilization of minority contractors, and the price
				offered by the bidder.
(2) "Bid"
				means a statement of price, terms of sale, schedule, and description of the
				supplies, services, construction, or construction-related services offered by a
				bidder in response to an invitation for bids.
(3) Competitive Negotiation.
(a) "Competitive negotiation" means a method
				of source selection that permits offerors to:
(i) Demonstrate creativity, experience, and
				knowledge; and
(ii) Submit
				proposals that vary widely in scope, cost, and other factors.
(b) "Competitive negotiation"
				allows negotiating between the LEA and the qualified offerors with the
				objective that the final proposal should be the most advantageous to the
				LEA.
(4) "Competitive
				sealed bidding" means a process of procurement in which bidders provide fixed
				prices in response to a scope of work established by the LEA that is defined in
				advance.
(5) Construction.
(a) "Construction" means the process of
				building, altering, repairing, improving, or demolishing any structure,
				building, or other improvement to real property.
(b) "Construction" includes any major work
				necessary to repair, replace, prevent damage to, or sustain existing components
				of an improvement to real property.
(c) "Construction" does not include:
(i) The maintenance or routine operation of
				an existing improvement to real property; or
(ii) Activities related to an energy
				performance contract.
(6) "Construction management agency (CMA)"
				means a project delivery method in which the LEA:
(a) Directly contracts with trade
				contractors; and
(b) Performs one
				of the following:
(i) Engages a construction
				manager as its agent to manage the project; or
(ii) Acts as the construction
				manager.
(7)
				"Construction management at-risk (CMR)" means a project delivery method in
				which the LEA engages a construction manager to contract directly with trade
				contractors and provide a guaranteed maximum price for project procurement and
				construction.
(8) "Constructor"
				means the builder of a facility.
(9) "County" includes Baltimore
				City.
(10) "Day" means calendar day
				unless otherwise designated.
(11)
				Design-Build.
(a) "Design-build" means a
				project delivery method in which a single entity is contractually responsible
				for both design and construction of a project.
(b) "Design-build" may include
				finance-design-build and other contracts that include services in addition to
				design and construction.
(12) "Donation" means a contribution of cash
				or gift in kind from a private entity to a public school system or a local
				government, with no consideration required of the recipient.
(13) "eMaryland Marketplace" means the State
				electronic procurement system.
(14)
				"Forward-funded project" means a school construction project that the State has
				approved for planning and for which the LEA has paid some portion of the State
				share with local funds.
(15) "Free
				and reduced-price meal percentage" means the number of students eligible in the
				previous year for free and reduced-price meals, divided by the full-time
				equivalent enrollment from the previous year.
(16) "Funding approval" means pending the
				availability of funds, the State commits to fund, in the next fiscal year, the
				entire or a portion of the State share of eligible costs for a school
				construction project.
(17) "Gift in
				kind" means a contribution of materials, labor, services, equipment, or land
				from a private entity to a public school system or a local government, with no
				consideration required of the recipient.
(18) "Guaranteed maximum price (GMP)" means
				an arrangement between the LEA and the construction manager at risk in which
				the total amount payable to the construction manager at risk for the project is
				restricted to a preagreed maximum and includes the cost of construction and
				construction management services that is generally determined before the design
				and construction documents are complete.
(19) "High performance school" means a school
				building that satisfies the definition of a high performance building under
				State Finance and Procurement Article, §
										3-602.1,
				Annotated Code of Maryland, and is:
(a) A
				school building that meets or exceeds the current version of the U.S. Green
				Building Council's Leadership in Energy and Environmental Design (LEED) for
				schools green building rating system silver rating;
(b) A school building that achieves at least
				a comparable numeric rating according to a nationally recognized, accepted, and
				appropriate numeric sustainable development rating system, guideline, or
				standard approved by the Secretary of Budget and Management and the Secretary
				of General Services; or
(c) A
				school building that complies with a nationally recognized and accepted green
				building code, guideline, or standard reviewed and recommended by the Maryland
				Green Building Council and approved by the Secretary of Budget and Management
				and the Secretary of General Services.
(20) IAC means the Interagency Commission on
				School Construction
(21) "IAC or
				its designee" means a member of the IAC or a staff member, respectively, of the
				Maryland State Department of Education, the Department of General Services, or
				the Maryland Department of Planning who has been specifically designated to act
				in the place of the IAC member, or the Executive Director of the Public School
				Construction Program.
(22)
				"Invitation for bids (IFB)" means the document used for soliciting bids under
				procurement by competitive sealed bidding.
(23) "Job order contracting (JOC)" means a
				project delivery method in which the LEA selects a contractor through a
				competitive procurement process based on a multiplier or coefficient that:
(a) Reflects the bidder's determination of
				the actual cost to perform the work plus overhead and profit; and
(b) Is applied to a fixed-price list of
				construction items and activities.
(24) "LEA" means the local education agency
				or its designee.
(25) "Limited
				renovation" means to upgrade an existing building and site, or a portion of a
				building and site, by upgrading or replacing a minimum of five major building
				systems and may include educational or architectural enhancements.
(26) "Local board" means the board of
				education of a county and includes the Baltimore City Board of School
				Commissioners
(27) "Locally funded
				project" means a school construction project that has been designed, built, or
				occupied prior to the State approval of planning.
(28) "Maintenance" means routine,
				preventative, or corrective activities that are performed to a facility to:
(a) Continue operations or upkeep;
(b) Prevent deterioration; or
(c) Correct a deficiency.
(29) Minority Business Enterprise
				(MBE).
(a) "Minority business enterprise"
				means a legal entity, other than a joint venture, organized to engage in
				commercial transactions, that is:
(i) At
				least 51 percent owned and controlled by one or more individuals who are
				socially and economically disadvantaged;
(ii) Managed by, and whose daily business
				operations are controlled by, one or more of the socially and economically
				disadvantaged individuals who own it; and
(iii) Certified as a Minority Business
				Enterprise by the Maryland Department of Transportation.
(b) "Minority business enterprise (MBE)"
				includes a not-for-profit entity organized to promote the interests of
				physically or mentally disabled individuals.
(30) "Multistep sealed bidding" means a
				multiphase process in which bidders submit a technical offer (statement of
				qualifications) and a second phase in which those bidders who are determined
				qualified during the first phase may have price bids considered.
(31) "Offeror" means an entity that responds
				to a request for proposals.
(32)
				"Planning approval" means, pending the availability of funds, the State commits
				to fund the State share of eligible costs for a school construction project in
				some future fiscal years.
(33)
				"Prevailing wage rate" means the hourly rate of wages paid in the locality as
				determined by the State Commissioner of Labor and Industry under State Finance
				and Procurement Article, §
										17-208,
				Annotated Code of Maryland.
(34)
				"Priority funding area" means an area designated by a county or a municipal
				corporation in accordance with State Finance and Procurement
				Article,§§ 5-7 B-02 and 5-7B-03, Annotated Code of
				Maryland.
(35) "Proposal" means the
				response by an offeror to a request for proposals.
(36) "Quality based selection" means a method
				of source selection based on a combination of qualification and cost
				factors.
(37) "Renovation" means a
				major construction project to upgrade an existing building and site, or a
				portion of a building and site, to achieve the current educational, building
				performance, and aesthetic qualities of a new school.
(38) "Responsible" means an entity that has:
(a) The capability in all respects to perform
				fully the contract requirements; and
(b) The integrity and reliability that shall
				assure good faith performance.
(39) "Responsive" means a bid submitted in
				response to an invitation for bids that conforms in all material respects to
				the requirements contained in the invitation for bids.
(40) Request for Proposals.
(a) "Request for proposals" means any
				documents used for soliciting proposals from offerors.
(b) "Request for proposals" may request the
				offeror's price and terms for the proposed contract, a description of technical
				expertise, work experience, and any other information.
(41) "Request for qualifications" means any
				documents used to solicit statements of qualifications including experience,
				references, team composition, financial stability and condition, and
				availability of equipment from bidders.
(42) "Solicited" means an invitation for bid,
				request for proposals, request for qualifications, or other formal notification
				to the public of the owner's interest in receiving prices, other information,
				or both, for a proposed public school construction project or related services,
				which contains all relevant information to allow members of the public to
				submit responsive and responsible bids, offers, or proposals.
(43) "Special education classroom" means a
				classroom that is used primarily for students who are instructed for more than
				60 percent of the day outside of regular classrooms.
(44) "State" means the government of the
				State of Maryland.
(45) "Trade
				contract" means a contract for specialized construction work including, but not
				limited to, electrical, plumbing, and carpentry.
(46) "Trade package" means solicitation
				documents for a trade contract.
(47) "Unsolicited proposal" means a written
				proposal for an original or innovative idea that is submitted on the initiative
				of the offeror for the purpose of obtaining a contract with the
				LEA.