Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 8 - ALTERNATIVE PROJECT DELIVERY METHODS › Section 554-8-2 - Definitions

Current through 2024-29, July 17, 2024
Summary:
This section defines certain terms that
				  are used in this Chapter but that are not defined in
				   5 M.R.S.A.
				  §1741 or §
									1743.
1.
Incorporation by
				Reference
The definitions that appear in
				   5 M.R.S.A.
				  §§1741 and
				  1743
				  are incorporated in these rules.
2.
Definitions
As used in this Chapter, unless the context otherwise
				  indicates, the following terms have the following meanings:
A.
Alternative Delivery Method
or
Alternative Project Delivery Method
means any one of the
				following three methods of project delivery: design/build method;
				construction-manager-at-risk method; or construction-manager-advisor
				method.
B.
Bureau
means the Bureau of General Services, commonly referred to as BGS.
C.
Construction Manager Advisor
,
				commonly referred to as CMa, means a method of project delivery in which the
				Owner engages a single firm for a fee to advise and consult with the Owner as
				to design and construction, and may include consultation as to the selection of
				one or more design professionals to furnish the design when trade contracts for
				performance are held directly by the Owner. The firm is contractually bound to
				manage the schedule and budget to ensure adherence to both by the trade
				contractors.
D.
Construction
				Manager at Risk
, commonly referred to as CMR, means a method of project
				delivery in which the Owner engages a single firm for a fee to advise and
				consult with the Owner as to design and construction; the Owner separately
				engages one or more design professionals to furnish the design; and, in which
				the firm is responsible to the Owner for schedule and price. The firm engaged
				to act as construction manager at-risk may perform all or a portion of the work
				on the project at the Owner's discretion.
E.
Design/Build
, commonly
				referred to as D/B, means a method of project delivery in which the Owner
				contracts directly with a single entity that is responsible to perform design,
				construction, related services, and serves as the
				"designer-of-record."
F.
Director
means the Director of the Bureau of General Services or
				the Director's designee.
G.
Fee or Fees
means the amount paid to a "Construction
				Manager-Advisor" or "Construction Manager at Risk" for providing professional
				services during the design phases of a project, prior to the signing of a
				formal "Construction Agreement" or a "Guaranteed Maximum Price Agreement" for
				the Work, exclusive of Reimbursable Expenses. The determination of the fee will
				be based on the estimated dollar value of the Work as shown in the RFQ and
				RFP.
H.
Firm
means an
				individual, corporation, partnership, limited liability company, or
				unincorporated association that applies to provide or is selected to provide
				services under an alternative delivery method.
I.
Guaranteed Maximum Price
means the guaranteed maximum amount the Construction Manager at Risk will bill
				the Owner for the cost of the Work as shown on the design drawings at that
				time, and includes allowances, defined assumptions and the Construction
				Manager's Fee for services during the construction phase of the project subject
				to adjustments caused by Change Orders issued during the Construction
				Phase.
J.
Owner
means
				any department, office, board, commission, or agency of the State of Maine
				subject to
				 5 M.R.S.A.
				§1743 that proposes to enter into a
				contract for construction or renovation of a public improvement.
K.
Price Proposal
means a
				Request for Proposal where price or cost of the defined services is a
				consideration in the evaluation process.
L.
Project
means the total
				activities required for the planning, design, documenting, construction and
				related services until acceptance by the Owner.
M.
Reimbursable Expense
means a
				cost, not included in the Fee, incurred by a firm in providing professional or
				construction related services when providing services for an Alternative
				Delivery Project. The detailed definition of the division between "Fee" and
				"Reimbursable Expense" will be included in the actual contract for the services
				to be provided under the appropriate Alternative Delivery Method.
N.
Request for Proposal,
commonly
				referred to as RFP, means a detailed explanation of the specific requirements
				to be performed and the methods used to select the successful firm. It is the
				basis for final proposals and will become the basis of the contract for
				services under an Alternative Delivery Method.
O.
Request for Qualifications
,
				commonly referred to as RFQ, means an announcement, in the form of a newspaper
				advertisement, issued or approved by the Bureau of General Services for the
				purpose of identifying qualified firms, contractors or subcontractors that
				could be considered for providing services under any Alternative Delivery
				Method, will be the basis for the establishment of the Short List, and will
				include the general basis for the evaluation of the submittals.
P.
Short List
means a pool of 3
				to 5 candidates who have submitted Qualification Statements and have been
				deemed by the Bureau to be the better qualified firms to provide the services
				defined in the RFQ.