N.M. Admin. Code § 18.28.6.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.28.6.8 - USE OF CMGC DELIVERY METHOD

The department may use a CMGC project delivery method after making written determination that a transportation project is eligible for procurement using the alternate method and posting the same on the department's website for 90 days.

A.Project selection criteria: To determine whether a project is eligible for use of the CMGC delivery method, the department must consider the criteria established in Subsection A of Section 13-1-122.3 NMSA 1978. The department must also ensure that any statutory limitations, established by Section 67-3-8.4 NMSA 1978, on the use of the project delivery method alternate to standard design-bid-build project procurement will not be exceeded by the proposed use.

B.Scope of services: The scope of any CMGC procurement shall identify two separate phases of work to be performed:

(1) project specific range of preconstruction services, including design consultation and obligation to participate in project design, cost control, scheduling and value engineering efforts; and

(2) construction services for the project or work packages associated with the project at a guaranteed maximum price for which the CMGC shall be financially responsible, in the event the second phase of the contract is executed.

C.Procurement: The department shall select a CMGC for a single project by using a sealed, qualifications-based proposal method, resulting in a professional services agreement.

(1) The department will issue a request for proposals (RFP) that contains, at a minimum, the elements established in Section 13-1-122.4 NMSA 1978.

(2) The RFP may require separate technical and price proposals.

(3) The RFP may require a minimum mandatory technical score, minimum contractor prequalification score, or both.

(4) The RFP shall include forms addressing required bid security, payment bonds and performance bonds in conformance with Sections 13-1-146 and 13-4-18 NMSA 1978.

(5) The RFP may include use of a short-list procedure.

N.M. Admin. Code § 18.28.6.8

Adopted by New Mexico Register, Volume XXXIV, Issue 23, December 05, 2023, eff. 12/5/2023