South Dakota Codified Laws 5-18B-44. Criteria for construction manager-at-risk engagement
Each qualification based request for proposals required by subsection 5-18B-43(2)(b) to enter into a construction manager-at-risk services contract where the construction manager-at-risk intends to actually perform construction on the project, shall meet the following criteria:
(1) The purchasing agency shall, prior to issuing any request for proposals to enter in a construction management services contract, establish and publish procedures for the solicitation and award of such contracts, which procedures shall include the following:
Terms Used In South Dakota Codified Laws 5-18B-44
- Contract: A legal written agreement that becomes binding when signed.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(a) The procedures and standards to be used to qualify construction managers;
(b) The procedures for preparing and submitting proposals;
(c) The procedures for evaluating proposals;
(d) The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve the confidential information and proprietary information supplied by those submitting proposals; and
(e) The procedures for awarding construction management services contracts;
(2) A request for proposals to enter into a construction management services contract shall contain the following elements:
(a) The identity of the purchasing agency;
(b) A description of the proposed public improvement;
(c) A description of the qualifications the construction manager will be required to have;
(d) The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and procedures for making awards;
(e) The proposed terms and conditions for the construction management services contract, including a description of the scope of services to be provided;
(3) Notice of any request for proposals shall be advertised in accordance with the provisions of § 5-18A-14;
(4) After obtaining and evaluating proposals, a purchasing agency may accept the proposal it considers the most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the construction manager submitting the accepted proposal, and by simultaneously notifying in writing the other construction managers that their proposals were not accepted; and
(5) The purchasing agency shall reserve the right to reject any or all proposals submitted.
Source: SL 2010, ch 31, § 83.