Rule 672-22-.04 - CM/GC Procurement Process(a)Notice of Request for Proposals. The Department shall announce its intention to initiate a procurement of a CM/GC to perform the requirements of a Construction Management Agreement by posting a Public Notice Advertisement ("PNA") of an upcoming Request for Proposals ("RFP") on the Department of Administrative Services website or in substantially the same manner utilized by the Department to solicit requests for proposals. The PNA will provide information on the upcoming project, the tentative scope and description of services, and anticipated procurement schedule.(b)Prequalification Requirements. The Department requires contractors and professional consultants to be prequalified for the work they are proposing to perform, by the date of submission of proposals in response to the RFP utilizing a one phase selection method, or by the date of submission of a statement of qualifications utilizing a two phase selection method. All contractors and consultants for CM/GC projects must be prequalified by the Department, pursuant to either Chapter 672-5 of the Rules of the State of Georgia or project specific qualifications set forth in the solicitation which at a minimum must comply with Chapter 672-5. The request for qualifications or the RFP will set forth the requirements for evidence of bonding capacity required of the CM/GC.(c)Procurement. The Department may award a Construction Management Agreement following either a one-phase or two-phase selection process based on qualifications, best value, suitability, or any other combination of factors considered appropriate by the Department and which are clearly specified in the RFP. A best value-based selection is based on the proposer's submittals regarding among other things (i) qualifications, key personnel, and prior experience performing work under contracts for projects of a similar size, scope, complexity, and magnitude, (ii) its technical proposal, and (iii) the proposer's Preconstruction Services Fee. (1)Evaluation Criteria. In the RFP for a Construction Management Agreement, the Department will specify the evaluation criteria as well as the basis for award, including the weight of each evaluation factor and subfactor in evaluating proposals.(2)Interviews. The Department shall identify, in the RFP, whether it intends to conduct interviews with responsive proposers. These interviews may be a component of the score, or otherwise evaluated. If the interview will be scored the scoring will be clearly stated in the evaluation criteria and in accordance with 23 CFR § 635.504.(3)Evaluation of Proposals. The Department shall evaluate proposals in accordance with the requirements in the RFP. A proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the RFP; provided, that the Department has sole discretion to determine whether a proposal is nonresponsive. No proposal will be considered unless it is accompanied by a proposal guaranty in a form of security acceptable to the Department and specified in the RFP.(4)Selection Decision. Based on the evaluation factors as set forth in the RFP, the Department shall rank all proposals that are complete, in conformance with, and responsive to the RFP, consistent with the specified basis for award. The Department shall announce the award of the Construction Management Agreement to the CM/GC in the same manner used to publish the initial notice of solicitation.(d)Reserved Rights. The Department reserves all rights available by law in administering these rules, including without limitation, the right in its sole discretion to: (1) Reject any and all responses to a solicitation for a Construction Management Agreement at any time.(2) Suspend, discontinue or terminate evaluation of any and all responses to a solicitation for a Construction Management Agreement at any time.(3) Suspend, discontinue or terminate discussions or negotiations with any proposer at any time prior to the actual authorized execution of such final agreement by all parties.(4) Discuss and negotiate with a proposer without being bound by any provision in its proposal.(5) Modify, issue addenda to, or cancel any CM/GC solicitation.(6) Request or obtain additional information about any proposal, or request revisions thereto.(7) Undertake such other action or exercise such other rights as may be provided for in an Construction Management Agreement solicitation.Ga. Comp. R. & Regs. R. 672-22-.04
O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.
Original Rule entitled "CM/GC Procurement Process" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.