Mo. Code Regs. Ann. tit. 1, § 30-3.020
PURPOSE: This rule sets forth the procedures and methods for defining projects and for determining fund allocation from state appropriations.
department/agency’s concept for implementing the capital improvement program established by the appropriation. The department/agency, after coordination with the capital improvements program manager/service level manager in the Division of Facilities Management, Design and Construction shall submit the written outline within fifteen (15) calendar days after the appropriation is passed and signed. The initial coordination will be completed within forty-five (45) calendar days after the appropriations have been passed and signed.
(A) Program Manager/Service Level Manager. The Division of Facilities Management, Design and Construction or the department/agency will designate a capital improvement program manager/service level manager. The program manager/service level manager will act for the department/agency in implementing the program established by the appropriation.
ance provided by the policies of the department/agency, the program manager/service level manager will have the responsibility and authority for internal coordination and approvals for projects in this program. The program manager/service level manager will be familiar with the details of priorities, scope, cost and justification data in the budget submission of the department/agency.
Design and Construction. The service level manager within the division will work with the department/agency to coordinate the programming, planning, scheduling, method of design/construction procurement and selection of project/construction manager, designer or design/builder appropriate for the project or as required by appropriation language. The program manager/service level manager in the division is the department/agency point of contact with the division and, as such, is responsible for keeping the department/agency informed of the status of the capital improvement projects and informing them of the maintenance and repair projects requested and appropriated for the assets supporting their programs and functions.
(B) Project/Construction Manager. The Division of Facilities Management, Design and Construction will designate project/construction managers by geographic area, agency, site/location or specific project as appropriate for all projects within the capital improvement and maintenance/repair program. The project/construction manager may be a state employee or consultant as designated by the director.
1. Responsibility.
Management, Design and Construction. The director will act as consultant, serving as the owner’s representative for all department/agencies. The director is the authority for determining scope and funding of projects and programs within the capital improvement and maintenance appropriations. The director shall carefully review the appropriation and, when deemed appropriate, consult with the appropriation committees to determine the legislative intent. The director shall review and approve all payments for consultants or project work, plans, specifications, contracts and change orders under the program.
The project/construction manager, within guidance provided by the director, will be responsible for professional and technical supervision of projects to include scheduling, coordinating, designing and accomplishing the work.
ing. The project/construction manager will review, in coordination with the division program manager/service level manager, the program established by the capital improvement and maintenance appropriation. The purpose of this initial coordination is to review the department/agency program concept and determine the scope of the program and the scope of work for individual projects. During this review, priorities will be established for the individual projects along with requirements for coordination and scheduling of phases or elements of design, bidding and completion of the work for each project. This schedule will be used to monitor the progress of the program implementation.
involving non-appropriated funds, which result in acquisition or construction of facilities to be partially or fully operated and/or maintained by Missouri, are considered to be part of the capital improvement and maintenance program. Initial coordination for these projects shall be accomplished within fortyfive (45) calendar days after notification or establishment of commitment or authorization for the projects. The program manager/service level manager of the department/agency will advise the director of the notification or authorization so that initial coordination can be accomplished within the forty-five (45) calendar-day period.
Prior to acceptance of non-appropriated support funding for projects requiring state contracts, an agreement will be developed between the state and the donor or grantor. This agreement will include conditions for encumbrance, expenditure, fiscal control, project contracts, project management and project acceptance as well as the role and responsibilities of the state and the donor or grantor. The agreement and any subsequent changes shall be approved by the commissioner of administration or designee.
(2) Project Definition. Project, as well as program definitions, are established by the language of the appropriations and the budget submission.
(A) Appropriation Language.
items frequently define specific work items for a specific facility at a specific site/complex. Work items clearly within the scope defined in an appropriation line item may be scheduled and accomplished.
appropriation line item may combine several budget items in a single broadly defined scope and provide a total funding for the combined items. Work items or projects scheduled and accomplished must be within the scope defined in the appropriation.
Work authorized by several appropriation line items may be combined into a single project when the director determines that this combination is in the best interest of the state. The director, in considering this combination, shall carefully examine the language of the separate appropriation line items to determine that the appropriation language does not prohibit this combination and that all work proposed is within the purpose and intent of the appropriations. The director, in defining this project, shall insure that the proposed scope of work for any item within the combined project does not exceed the scope authorized by the appropriation items. Combination of appropriation items may involve combining construction, maintenance and repair items into a single project under a single contract. When appropriate, a combined procurement method utilizing Chapter 34 services and materials may be integrated with Chapter 8 procurement methods to insure the most efficient project delivery.
by the language of the appropriations and the budget.
(B) Budget Item Cost Estimates. Absent contrary appropriation language, the cost estimates presented to the legislature in the budget will be used to define expenditure limitations for individual budget items. Expenditures should not be made for work not included in the approved scope of work.
project defined in a single budget item shall not exceed the limitation defined in the appropriation or the budget item. Within the limitations established for an item in the appropriation and/or estimated cost in the budget, reasonable variations in cost for individual subitems (as indicated in the budget) will be permitted. Reasonable variations in cost for individual site/complexes (as indicated in the budget) will be permitted where several site/complexes are involved in a single budget item. Appropriated un-programmed funds may be used to supplement the funding for a program, project or work item when approved by the director provided that the scope of work is maintained but not exceeded.
site/complexes, which are included and part of an original budget item, will not be eliminated unless the scope and/or expenditure limitations for the budget item are reduced in the appropriation. Unless appropriation language includes specific exclusions to the contrary, the result of which would reduce funding requested in the original budget item submitted to the legislature, subitems or site/complexes may be eliminated, as needed or appropriate, to bring the budget item in balance with the expenditure limitations of the appropriation.
Funding authorized by several appropriation items may be combined to fund a single project when the director determines that this combination may be in the best interest of the state. These combinations may be considered for similar work at several locations within a single department or for various items of work at a single location. The scope of work for this project and the items so combined shall remain within the total of the authorizations of the several appropriations. The director shall carefully examine the appropriation language to determine that the total of the funding for the combined project is within the total of the funding authorized by the appropriations. The director shall insure that the funding or expenditure from any appropriation item does not exceed the amount authorized by that appropriation item.
(4) Exemptions. There are specific exemptions from requirements of this rule provided by the Missouri Constitution of 1945 and by statute.
AUTHORITY: sections 8.310 and 8.320, RSMo 2000.* Original rule filed July 9, 1981, effective Feb. 15, 1982. Emergency amendment filed June 14, 1985, effective July 1, 1985, expired Oct. 29, 1985. Amended: Filed June 14, 1985, effective Aug. 26, 1985. Rescinded and readopted: Filed Nov. 5, 2007, effective June 30, 2008.
*Original authority: 8.310, RSMo 1958, amended 1965, 1984, 1987, 1995 and 8.320, RSMo 1958, amended 1965.