Code: FGC

160-5-4-.18 BIDDING REQUIREMENTS FOR SCHOOL CAPITAL

OUTLAY PROJECTS.

(1) DEFINITIONS.

(a) Design/bid/build - a construction delivery method that involves securing

competitively bid lump sum construction. Contracts are based on complete and

prescriptive contract documents prepared by architects and engineers, and made up of

drawings, specifications, and supporting information. The design-bid-build/lump

sum (or stipulated sum) delivery system, uses competitive bidding among general

contractors, with performance/payment bonds, and various other statutory

requirements and State Board of Education rules being employed to protect the

owner’s investments. While bidders may be asked to prequalify, the procurement

process must be a competitive sealed bid, with the price being the only factor, subject

to the bidder showing it is both responsible and its bid is responsive to the

solicitation.

(b) Construction Manager / General Contractor at Risk – a construction

delivery method that allows the owner to (1) hire a construction manager at any time

during the project pre-design phase. The construction manager and the architect /

engineer work together to develop and estimate costs for the design. A guaranteed

maximum price is provided by the construction manager at risk who then receives

proposals and awards contracts to subcontractors. Or (2) hire a general contractor

after the completion of the design phase. The procurement process for the

construction manager or general contractor must be a competitive qualifications

selection. Following a procedure similar to that contained in O.C.G.A. § 36-91-20 et

seq. is acceptable.

(c) Design / Build – a construction delivery method wherein the builder and the

architect are one entity hired to deliver the project. A guaranteed maximum price is

usually furnished in the beginning of the project based upon the design criteria

prepared by the Client. The procurement process must be a competitive

qualifications selection. Following a procedure similar to that contained in O.C.G.A.

§ 36-91-20 et seq. is acceptable.

(d) Construction Management Services – an individual, company, or firm that

represent the governmental agency in an administrative and oversight capacity of a

construction project. Construction Management Services are intended to cover the

services of a Construction Manager Agent not at risk, Construction Manager, and

Program Manager. The procurement process must be a competitive qualifications

selection. Following a procedure similar to that contained in O.C.G.A. § 36-91-20 et

seq. is acceptable.

(2) REQUIREMENTS.

(a) The requirements of this rule shall apply to all public school construction

projects regardless of project funding source unless exempt by O.C.G.A. § 36-91-22.

(b) Local boards of education seeking bids or proposals on a school construction

project shall comply with the provisions of O.C.G.A. § 36-91-1, and shall advertise

for bids or proposals in accordance with O.C.G.A. § 36-91-20(b).

(c) Local boards of education shall not restrict open and competitive award

requirements on construction projects. Any criteria or process adopted by a local

board of education for the purpose of pre-qualifying prospective bidders shall be in

compliance with O.C.G.A. § 36-91-20(f).

(d) Local boards of education shall make available complete sets of plans and

specifications to all bidders on construction projects using a design/bid/build

construction delivery method. Projects using any other construction delivery methods

shall submit plans and specifications for approval as appropriate based on the delivery

method used. For construction delivery methods where competitive sealed bids

and/or proposals are appropriate, plans and specifications shall be available to all

offerors as required by O.C.G.A. § 36-91-21(c).

(e) Local boards of education shall not restrict the competitive award requirements

on construction projects on the basis of race, religion, sex, disability, age or national

origin.

(f) Local boards of education shall submit to the department a certified tabulation

of all bids/proposals received for construction projects.

(g) Local boards of education may use deductive alternates to reduce the base bid

on state- funded projects using the design/bid/build construction delivery method;

however, the deductive alternates shall be bid prioritized and exercised in numerical

sequence as used in the bid documents. When the local school system determines that

deductive alternatives must be selected, all bids will be recalculated removing the

deductive alternates to be taken. The low bid shall then be determined on the base bid

less any deductive alternates.

(h) The plans and specifications shall indicate if the project will be awarded by

base bid or base bid plus selected alternates. Additive alternates may be exercised in

any order. If the plans and specifications state that the contract will be awarded on

base bid, then additive alternates are considered only after the low base bidder has

been declared. If the plans and specifications state that the project will be awarded by

base bid plus additive alternates, all bids will be recalculated adding the additive

alternates to be taken. The low bid shall then be determined on the base bid plus the

selected additive alternates.

(i) Local boards of education shall comply with all procedures contained in

Guidelines for Receiving State Capital Outlay Funds when bidding state-funded

Capital Outlay projects. Copies of this publication may be obtained from the

department or downloaded directly from the web at

http://www.gadoe.org/fbo_facilities.aspx?PageReq=FBOFacilitiesInfo

Authority O.C.G.A. § 20-2-260; 36-91-1; 36-91-20; 36-91-21; 36-91-40; 36-91-41;

36-91-42; 36-91-43; 36-91-44; 36-91-45; 36-91-50; 36-91-52; 36-91-70; 36-91-71;

36-91-72; 36-91-73; 36-91-74; 36-91-75.

Adopted: February 12, 2009 Effective: March 4, 2009