D.C. Mun. Regs. tit. 5, r. 5-D114

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-D114 - PROJECT DELIVERY METHODS

114.1

Within the contract types described in Sections 111 through 113, the Office may adopt a number of project delivery methods, including Design-Bid-Build, Construction Manager at Risk, Construction Manager with Design Assist, Design-Build, Modified Design-Build, and other methods that are in the District's best interest.

114.2

As part of the procurement planning process, the Office will determine the most appropriate delivery method for the project based on, among other considerations, the scope of work, existing building conditions, project delivery schedule, existing market conditions, and other relevant considerations.

114.3

The general types of delivery methods include:

(a) Design-Bid-Build: Under this delivery method, the Office retains an architect to design the project. Once the design is complete, the drawings are put out to bid. This delivery method results in a fixed price (or lump sum) type contract.

(b) Construction Manager at Risk: Under this delivery method, the Office will retain an architect to design the project. However, shortly after the design begins, the Office will engage a contractor to act as a construction manager. Typically, the contractor's work is divided into two (2) phases. During the first, or preconstruction, phase, the builder will work with the architect to ensure that the design is constructible, properly coordinated, and affordable. During the second, or construction, phase, the contractor is required to construct the project. At this point, the contractor may be required to provide the Office with a guaranteed maximum price. In order to ensure that costs are properly controlled, the Office requires that the contractor bid its fee upfront and that all of the major trade packages be competitively bid by the contractor.

(c) Construction Manager with Design Assist: Under this delivery method, the Office conducts the project in a manner similar to the Construction Manager at Risk approach. However, in the Construction Manger with Design Assist approach, a portion of the design work - typically the mechanical, electrical and plumbing systems - is managed by the contractor.

(d) Design-Build: Under this approach, the Office retains a single entity to be responsible for the design and construction activities. Work under the Design-Build approach is typically divided into two (2) phases: preconstruction and construction. The contractor is required to bid its fees upfront and all of the major trade packages must be competitively bid as well.

(e) Modified Design-Build: Under this approach, the Office uses a bridging methodology where it will engage an architect during the early stages of the project (referred to as design development) and then assign the architect's contract to the contractor at the appropriate stage of the project. The remainder of the project then proceeds under the Design-Build approach.

114.4

The Office may combine aspects of the methods listed in Section 114.3 or alter aspects of these methods if doing so is in the best interest of the District

114.5

Contractors, including architects, construction managers, and design builders, required to facilitate these delivery methods shall be selected in accordance with the contracting procedures in Sections 117 through 122.

D.C. Mun. Regs. tit. 5, r. 5-D114

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010) [EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11201 (November 26, 2010)

Authority: The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).