Md. Code Regs. 14.39.04.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.39.04.05 - Construction Management Agency

A. General. Construction management agency (CMA) means a project delivery method in which the LEA:

(1) Directly contracts with trade contractors; and

(2) Either:

(a) Engages a construction manager as its agent to manage the project; or

(b) Acts as the construction manager.

B. Notice to the IAC.

(1) Not later than 2 months before the release of the solicitation documents to offerors, the LEA shall provide written notice to the IAC or its designee that the CMA method will be used.

(2) The LEA shall acknowledge in the notice that the State is not responsible for any project cost overruns.

C. The LEA shall disclose in the solicitation documents if the project may be converted to the construction management at risk method or other project delivery method.

D. State Reimbursement.

(1) If the LEA is not acting as construction manager, State funds may be used to reimburse allowable CMA costs associated with procuring and managing trade contracts, as defined by the IAC or its designee.

(2) The IAC or its designee shall maintain a list of CMA services that are eligible for State reimbursement.

(3) CMA services provided during the design phase of the project are not eligible for State reimbursement.

(4) If the LEA intends to seek reimbursement of CMA costs with State funds, the LEA shall:

(a) Submit the solicitation documents to the IAC or its designee for review not later than 1 month before the documents are released to offerors; and

(b) Identify in the solicitation documents the construction management services that are eligible for State reimbursement.

(5) An LEA intending to seek State reimbursement for construction manager services shall procure a construction manager in accordance with COMAR 14.39.03.

E. Trade Contracts.

(1) Trade contracts may be procured concurrently or over the life of the project.

(2) The LEA shall submit the bidding schedule for the trade packages with proposed bid dates to the IAC or its designee and provide notice of any changes.

(3) The LEA shall procure each trade contract in accordance with COMAR 14.39.03.

(4) The LEA shall submit each trade contract to the IAC for approval.

(5) If the project is subject to prevailing wage rate requirements, each trade contract within the project is subject to prevailing wage rate requirements.

(6) MBE goals shall be based on the total project price, but MBE goals may vary in individual trade contracts if the overall MBE project goal is acknowledged.

Md. Code Regs. 14.39.04.05

Regulation .05 amended and recodified 23.03.04.05 effective 46:22 Md. R. 976, eff. 11/4/2019