Section R7-2-1106. Procurement of Construction Using Alternative Project Delivery Methods

A.      A school district may use an alternative project delivery method if it determines in writing that such alternative project delivery method is advantageous to the school district. The following factors may be used for such determination:

1.        Cost and cost control method;

2.        Value engineering;

3.        Market conditions;

4.        Schedule;

5.        Required specialized expertise;

6.        Technical complexity of the project; or

7.        Project management.

B.       Use of alternative project delivery methods

1.        Alternative project delivery methods for construction ser- vices shall be procured as provided in R7-2-1100.

2.        For design-build construction services and construction- manager-at-risk construction services, the school district is limited to one contract per procurement.

a.         Alternatively, for construction-manager-at-risk con- struction services, a school district may elect sepa- rate contracts for preconstruction services during the design phase, for construction during the construc- tion phase and for any other construction services.

b.        Alternatively, for design-build construction services, a school district may elect separate contracts for pre- construction services and design services during the design phase, for construction and design services during the construction phase and for any other con- struction services.

c.         If the school district enters into the first contract for preconstruction services or construction services the procurement ends. After execution of that first con- tract the school district may not use the procurement or the existing final list in the procurement as the basis for entering into a contract with any other per- son that participated in the procurement.

3.        For job-order-contracting construction services, the school district may award a single contract, or multiple contracts for similar job-order-contracting construction services to be awarded to separate persons. If the school district enters into the number of contracts specified under the request for qualifications, the procurement ends. After that time the school district may not use the procurement or any existing final list in the procurement as the basis for entering into a contract with any other person that participated in the procurement.

4.        All construction-manager-at-risk construction services or design-build construction services included in a procure- ment shall be limited to construction services to be per- formed at a single location, a common location or, if the construction services are all for a similar purpose, multi- ple locations. For construction-manager-at-risk construc- tion services and design-build construction services to be performed at multiple locations:

a.         At the time the request for qualifications is issued, the school district shall intend to commence all con- struction at each location within thirty months after execution of the first contract for preconstruction services or other construction services at any of the locations.

b.        The request for qualifications shall include the infor- mation described in R7-2-1108(B)(2).

5.        The school district and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this Section and R7-2-1107, R7-2-1108, R7-2- 1110, and R7-2-1111, including the selection of persons to be interviewed, the selection of persons to be on the final list, in determining the order of preference of per- sons on the final list or for any other purpose in the selec- tion process, except as provided in R7-2-1110(D) and R7- 2-1111.

6.        In determining the persons to participate in any inter- views, in determining the persons to be on the final list,

and in determining the order on the final list, the selection committee shall use and consider only the criteria and weighting of criteria in the request for qualifications. No other factors or criteria may be used in the evaluation, determinations and other actions.

7.        Notwithstanding any other provision specifying the num- ber of persons to be interviewed, the number of persons to be on a final list, or any other numerical specification in R7-2-1106 through R7-2-1115:

a.         If a smaller number of persons respond to the request for qualifications or if one or more persons drop out of the procurement so there is a smaller number of persons participating in the procurement, the school district, as the school district determines necessary and appropriate, may elect to  proceed with the participating persons if there are at least two participating responsive and responsible persons. Alternatively, the school district may elect to termi- nate the procurement.

b.        As to a request for qualifications to be negotiated pursuant to R7-2-1110(D), if only one responsive and responsible person responds to the request for qualifications or if one or more persons drop out of the procurement so that only one responsive and responsible person remains in the procurement, the school district may elect to proceed with the pro- curement with only one person if the governing board determines in writing that the negotiated fee is fair and reasonable and that either other prospective persons had reasonable opportunity to respond or there is not adequate time for a resolicitation.

c.         If a person on the final list withdraws or is removed from the procurement and the selection committee determines that it is advantageous to the school dis- trict, the selection committee may replace that per- son on the final list with another person that submitted qualifications in the procurement and that is selected as the next most qualified.

Historical Note

New Section made by final exempt rulemaking at 21

A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).