Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 8 - Contracts (220-RICR-30-00-8) › Section 220-RICR-30-00-8.11 - Selection of Methods of Construction Contracting Management

Current through June 14, 2024
A. Construction Contract Management. The
				 intent of §
										8.11     of this Part is to specifically identify alternative
				 methods of management of construction and the criteria to be used in selecting
				 such methods. In addition, the intent of this Rule is to clarify that the
				 method of source selection used to award a state contract for a particular
				 construction project shall continue to be governed by all the applicable
				 provisions of R.I. Gen. Laws Chapter 37-2, entitled "State Purchases", also
				 referred to as the "State Purchases Act". These provisions include but are not
				 limited to R.I. Gen. Laws §§
										37-2-17"Methods of source selection";
				 37-2-18"Competitive sealed bidding";
				 37-2-19"Competitive negotiation";
				 37-2-20"Negotiations after unsuccessful competitive sealed bidding";
				 37-2-21"Noncompetitive procurements";
				 37-2-22 "Small
				 purchases" and
				 37-2-59"Professional services - Architectural, engineering, and consultant services -
				 Committee". Provided, however, the provisions of §§
										8.11(C) and
				 (D)     of this Part shall not apply to road,
				 bridge and heavy construction projects which are funded in whole or in part by
				 federal funds.
B. Road, Bridge and
				 Heavy Construction Projects. The provisions of §§
										8.11(C) and
				 (D)     of this Part shall not apply to road,
				 bridge and heavy construction projects that are managed by the Rhode Island
				 Department of Transportation and are funded in whole or in part by federal
				 funds. Road, bridge and heavy construction projects are subject to the methods
				 of management of construction contracting, including the criteria for selecting
				 such methods, that are set forth in applicable federal law, including but not
				 limited to
				  23 U.S.C. §
											112(b)(i)  as amended, and
				 regulations promulgated there under.
C. Construction Contract Management Methods
				 and Criteria. For all other construction projects not included in §
										8.11(B)     of
				 this Part, the methods below, along with the criteria for each method, are the
				 alternative methods of construction contract management deemed feasible by the
				 Chief Purchasing Officer. The methods below are not mutually exclusive and may
				 be combined on a project.
1. General
				 Contractor Method. The general contractor method is typified by one business,
				 acting as a general contractor, contracting with the State to timely complete
				 an entire construction project in accordance with drawings and specifications
				 provided by the State. Generally the drawings and specifications are prepared
				 by an architectural or engineering firm under contract with the State. Further,
				 while the general contractor may take responsibility for successful completion
				 of the project, much of the work may be performed by specialty contractors with
				 whom the general contractor has entered into subcontracts. The general
				 contractor method is the generally preferred method of construction work. It
				 may be selected for a project only when it is determined in writing by the
				 Chief Purchasing Officer that the following criteria will be met:
a. the project requires timely completion of
				 the construction work in accordance with drawings and/or specifications
				 provided by the State and/or the State's agent.
b. the project work may be performed by
				 specialty sub- contractors under the control and supervision of a general
				 contractor.
c. the project does not
				 require direct supervision or coordination between the contractor and project
				 engineering/design professionals other than as normally performed by State
				 employees.
d. the construction
				 project is estimated to cost in excess of ten thousand dollars
				 ($10,000).
e. sufficient time
				 exists to complete the design, bid the project and construct the work by the
				 desired occupancy date.