Rule 672-22-.03 - General Rules for ACM Agreements(a)Applicability. When the Board approves the use of an Alternative Contracting Method, the Department shall solicit participation through a procurement process in accordance with the authority of subsection 32-2-82(e) of the Official Code of Georgia Annotated, and as otherwise authorized by applicable law and regulation. 1) When procuring a contractor to enter an ACM agreement with the Department for a project that does not or is not anticipated to require private financing the Department shall utilize the procurement procedures set out in Section 32-2-81(d) of the Official Code of Georgia Annotated. a. When procuring a CM/GC to enter a Construction Management Agreement with the Department, the Department shall utilize the process in Rule 672-22-.04.b. When procuring a Developer to enter a CDA or PDA utilize Chapter 672-18 of the Rules of the State of Georgia.2) When procuring a contractor or developer to enter an ACM agreement with the Department that is associated with a project that is anticipated to require or requires private financing, the Department shall utilize the procurement procedures set out in Section 32-2-80 of the Official Code of Georgia Annotated.(b)Subsequent Phases of Work. Each Alternative Contracting Method authorized by the ACM Statute and herein contemplates an initial phase of work followed by one or more subsequent phases of work, subject to the Department's discretion; the initial and subsequent phases of work shall be considered one project. The terms of any subsequent phases of work under an ACM agreement are authorized to be negotiated and memorialized in an amendment, supplemental agreement, or separate agreement according to the terms of the ACM agreement and are not subject to Section 32-2-73 of the Official Code of Georgia.(c)Confidentiality and Open Records. Except as specifically provided under these Rules, no proposal shall be made public, and no information about any proposer's approach or proposal will be shared with other proposers, until the Department has either publicly announced the successful proposer and executed the ACM agreement or terminated the project.(d)Terms of an ACM Agreement. A contract to deliver a project using an ACM shall identify the rights and obligations of the Department, the contractor, and any other parties with respect to that project, consistent with these Rules. All design documents prepared in association with an ACM shall become the property of the Department upon preparation and all construction documents prepared in association with an ACM shall become the property of the Department upon delivery to the Department.Ga. Comp. R. & Regs. R. 672-22-.03
O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.
Original Rule entitled "General Rules for ACM Agreements" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.