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