(a)

1. (1) The use of a construction manager shall be carefully considered by a school district.
2. (2) A school district shall compare the benefits and risks of employing a construction manager using a clear set of criteria for analysis.

3. (3)

   1. (A) The following items shall be considered when a district decides whether or not to use a construction manager.
   2. (B) The project has significant schedule ramifications and concurrent design and construction is necessary to:

(i) Meet these critical deadlines; and

1. (ii) Shorten the overall duration of the construction process.

   1. (C) A project where the phasing and/or complexity are so extremely difficult that complete design and other preconstruction services cannot be completed effectively without the direct involvement of the construction manager agent.
   2. (D) The school district finds that early construction manager input during the design process will contribute to significant cost savings.
   3. (E) The school district finds that the project presents significant technical complexities that will require the hiring of additional personnel to manage the process.

(b)

1. (1) School districts shall follow the procurement procedures set forth in Arkansas Code §§ 19-11-801 – 19-11-805 in selecting a construction manager.

2. (2) The selection will be made by considering and evaluating the agent’s annual statement of qualifications that outlines:

   1. (A) Background;
   2. (B) Experience;
   3. (C) Prior work; and
   4. (D) Personnel.

3. (3)

   1. (A) Procuring these services by competitive bidding is prohibited.

   2. (B)

      1. (i) The school district’s solicitation document shall be designed to clearly communicate the:

(b) (b) Requirements for submission; and

1. (c) (c) Evaluation and selection criteria.

   1. (ii) The solicitation shall request, at a minimum, the firm’s:

(b) (b) Financial health;

1. (c) (c) Experience;

   1. (d) (d) Proposed staff; and

(e) (e) Project experience.

1. (iii) School districts shall have the latitude to include additional criteria which reflect the specific goals for the project and that the weight of the scoring criteria shall be left to the school district’s discretion.

   1. (C) A school district’s request for qualifications shall include the following information:

      1. (i) An explanation of what the school district is attempting to accomplish with the project;
      2. (ii) A thorough description of the project, background information, special requirements, etc.;
      3. (iii) A clear description of preconstruction, construction, and postconstruction deliverables;
      4. (iv) Project timeline/milestones including critical dates, estimated or desired time of completion;
      5. (v) Minimum requirements for the proposer to be considered as construction manager for the project, such as insurance requirements and demonstrated capabilities with projects of similar size and complexity;
      6. (vi) The school district’s project team;
      7. (vii) Scoring criteria; and
      8. (viii) The school district’s intended selection panel.

   2. (D) A school district’s request for proposal shall contain the following submittal requirements:

      1. (i) Company overview/history including:

(b) (b) Bankruptcies; or

1. (c) (c) Contract default;

   1. (ii) Company experience with similar types of projects relative to:

(b) (b) Program;

1. (c) (c) Complexity;

   1. (d) (d) Schedule; and

(e) (e) Budget;

1. (iii) Qualifications, education, and experience of the personnel to be assigned to the project;

   1. (iv) If applicable, the qualifications to perform preconstruction services including:

(b) (b) Detailed estimating;

1. (c) (c) Value analysis;

   1. (d) (d) Systems analysis;

(h) (h) Cultivation of contractor and supplier interest; and

1. (i) (i) Design support; and

   1. (v) Company’s qualifications to perform construction management services including:

(b) (b) Cost control and cost forecasting;

1. (c) (c) Contractor coordination;

   1. (d) (d) Change order management;

(h) (h) Safety plans.

1. (E)

   1. (i) Upon evaluation and scoring of the submissions, the school district shall create a short list of the top-ranked firms to be interviewed.

      1. (ii) The procedures to be followed during the interview process shall include:

(b) (b) Interview committee shall be comprised of at least three (3) members representing perspectives of the school district;

1. (c) (c) Upon identifying the entity most qualified to provide services, the school district shall enter into contract negotiations with the firm; and

   1. (d) (d) School districts shall provide postselection debriefing to all companies who make the request.