Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 3 - Capital Improvement and Maintenance Program › Section 1 CSR 30-3.025 - Procurement of Construction and Management Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment deletes provisions regarding
				  the use of best value contracting and construction manager at-risk. This
				  amendment also adds information regarding contractor responsibility currently
				  found in 1
				  CSR 30-3.060, which is currently in the process of
				  being rescinded. The information incorporated from
				  1 CSR
				  30-3.060 and the remainder of the rule has been
				  revised and reorganized to better reflect FMDC's current practices and to
				  increase the readability of the regulation. Most significantly, this
				  information was revised to recognize the use of standing contracts other than
				  job order contracting and to use the industry term "suspension" rather than
				  "ineligibility" when referring to a decision to bar a contractor from
				  performing work on a state contract for a temporary period of
				  time.
PURPOSE: This rule sets forth the methods and
				  procedures for selection of project construction and management
				  services.
(1) Definitions. As
				used in this regulation and the remainder of this chapter, the following terms
				mean:
(A) "Affiliate," a person who directly
				or indirectly controls, or has the power to control, another person or a person
				who is subject to the control of another person. Indicia of control include,
				but are not limited to: interlocking management or ownership, identity of
				interests among family members, shared facilities and equipment, common use of
				employees or a business entity organized following the suspension or debarment
				of a person that has the same or similar management, ownership or principal
				employees as the debarred or suspended person;
(B) "Bidder," a person who submits a proposal
				for a construction contract in accordance with 1 CSR 30-3, or one who offers to
				or subcontracts to a person who submits a proposal for a construction
				contract;
(C) "Bid documents", a
				document or documents by which the division solicits proposals for a
				contract;
(D) "Commissioner," the
				Commissioner of the State of Missouri, Office of Administration;
(E) "Competitive bid," a process of
				advertising for bids in accordance with section
				8.250,
				RSMo or solicitation of bids from a minimum of three (3) contractors in which
				an award is based on the lowest responsive, responsible bid or other
				pre-established criteria where cost is a factor;
(F) "Debarment," the exclusion of a
				contractor from performing work on a state project for an indefinite period of
				time;
(G) "Design-build," a project
				for which the design and construction services are furnished under one
				contract;
(H) "Design-build
				contract," a contract between the division and a design-builder, to furnish the
				architecture or engineering and related design services necessary for a given
				public construction project and to furnish the labor, materials, and other
				construction services for the same public project;
(I) "Design-builder," any individual,
				partnership, joint venture, corporation, or other legal entity that furnishes
				both the architectural or engineering services and construction services for a
				project, whether itself or through subcontracts;
(J) "Design criteria consultant," a person,
				corporation, partnership, or other legal entity duly registered and authorized
				to practice architecture or professional engineering in this state pursuant to
				Chapter 327, RSMo, and who is employed by contract to the division to provide
				professional design and administrative services in connection with the
				preparation of the design criteria package;
(K) "Design criteria package,"
				performance-oriented program, scope and specifications for the public
				construction project sufficient to permit a design-builder to prepare a
				response to the division's request for proposals for a design-build
				project;
(L) "Design services,"
				services that are-
1. Within the practice of
				professional engineering as defined in section
				327.181,
				RSMo, or the practice of architecture as defined in section
				327.091,
				RSMo; or
2. Performed by a
				registered architect or professional engineer in connection with the
				architect's or professional engineer's employment or
				practice;
(M) "Director,"
				the director of the Division of Facilities Management, Design and
				Construction;
(N) "Division," the
				State of Missouri, Office of Administration, Division of Facilities Management,
				Design and Construction;
(O)
				"Evaluation team," a group of people selected by the director to evaluate
				bidders' qualifications or proposals;
(P) "Job order contract," a standing contract
				where the prices for work are determined by specifying one (1) or more
				published construction unit price books and the applicable divisions or line
				items and/or providing a list of work items and requiring the bidders to bid or
				propose one (1) or more coefficients or multipliers to be applied to the price
				book or work items as the price proposal;
(Q) "Person," an individual, corporation,
				partnership, association, or legal entity;
(R) "Principal," an officer, director, owner,
				partner, key employee, or other person within an organizational structure
				having the authority to obligate the bidder in a contractual
				relationship;
(S) "Proposal," an
				offer to enter into a contract, including bids submitted in a competitive
				bidding process;
(T) "Public
				construction project," the process of designing, constructing, reconstructing,
				altering, or renovating state owned real property;
(U) "Request for proposals," a document by
				which the division solicits proposals for a contract;
(V) "Standing Contract," a contract for
				construction, renovation, maintenance, and/or repair services to be performed
				during a specified period of time where the delivery times and quantities of
				work are indefinite, and the cost of orders for work to be performed under the
				contract is based on predetermined rates;
(W) "Stipend," an amount paid to the
				unsuccessful proposers to defray the cost of submission of phase II of the
				design-build proposal;
(X)
				"Suspension," the exclusion of a contractor from performing work on a state
				project for a temporary period of time.