1. (1) An evaluation committee is not required to explain how a recommended proposal provides the best value to the division under Section 63G-6a-707 if the contract is awarded solely on the qualifications of the construction manager/general contractor and the management fee described in Section 63G-6a-707 provided:

   1. (a) a competitive process is maintained by the issuance of a request for proposals that requires the offeror to provide, at a minimum:

      1. (i) a management plan;
      2. (ii) references;
      3. (iii) statements of qualifications; and
      4. (iv) a management fee if requested by the division; and

   2. (b) the management fee contains only the following:

      1. (i) preconstruction phase services;
      2. (ii) monthly supervision fees for the construction phase; and
      3. (iii) overhead and profit for the construction phase.
2. (2) The evaluation committee may, as described in the solicitation, weight and score the management fee as a fixed rate or a fixed percentage of the estimated contract value.
3. (3) The management fee may not be requested by the division if the management fee is not part of the criteria for the evaluation committee. The division may use a fee table for this management fee.
4. (4) The contract awarded must be in the best interest of the division.

KEY: contracts, procurement, public buildings

Date of Last Change: August 8, 2024

Notice of Continuation: January 10, 2022

Authorizing, and Implemented or Interpreted Law: 63A-5b-305; 63G-2-101 et seq.; 63G-6a-101 et seq.