Okla. Admin. Code § 260:65-17-5

Current through Vol. 42, No. 8, January 2, 2025

Section 260:65-17-5 - Project designation consideration

(a)General. The Director shall consider factors in this section to determine whether a state construction project merits consideration for use of the construction management delivery system.

(b)Consideration factors. Each factor of this subsection must be considered prior to requesting or designating a project for construction management. [61 O.S., §202.1]

(1) The project benefits the public. When considering designation, it shall be clearly evident that Construction Management will provide a public benefit, which may include:

(A) early completion of work, allowing for beneficial public occupancy;

(B) accommodating construction progress with phased funding;

(C) enabling the project to be placed under contract prior to losing expiring funding source; or,

(D) other demonstrated public benefit.

(2) There is a need for cost control. When project requirements or technical components of a project are not fully defined, or options are available for building systems, the use of Construction Management would provide valuable input to the design process.

(3) The need exists for specialized or complex construction methods due to the unique nature of the project. Projects involving sophisticated or complicated technical systems, renovation work or work that must be completed on a critical time frame, or otherwise when a critical mission of a public agency may be in jeopardy, shall be considered specialized and complex.

(4) Other consideration factors may include:

(A)Time constraints. The time period the state agency desires for project completion.

(B)State agency capabilities. The capabilities of the state agency staff and whether the staff has the ability and experience to effectively manage a project that utilizes construction management.

(C)State agency funding. The state agency shall demonstrate whether the agency has adequate funding to pay for services of the construction management firm, design consultant and construction services.

(D)Project components. The project complexity is sufficient to benefit from advisory consulting services during design or if the construction execution could be enhanced by the services of a construction manager. Such services during design might include, but are not limited to: independent preparation of cost estimates, independent design review, evaluation of alternate construction bid strategies and constructability evaluations. Services during construction that a construction manager might perform include, but are not limited to: certain elements of construction administration desired by the state agency that are outside the normal scope of the design consultant and overall coordination of multiphase, complex projects where one or more contractors may be involved in executing the work.

(c)State agency request. A state agency shall submit a written request for consideration of formal designation of a state construction project for the construction management delivery method to the Director after careful review of the factors in (b) of this section. The request shall specify reasons the state agency believes the project merits consideration for construction management and the funding amount the state agency has available for the project.

(d)Director consideration. Upon receipt of a state agency request for construction management services for a project, the Director shall consider whether the project merits designation for construction management and whether the state agency has adequate funds for the project.

(e)Notification. Upon completion of the consideration of the state agency request, pursuant to Subsection 6, the Director shall forward the official response to the requesting state agency which states reasons for the determination and whether the project has been determined to reasonably merit official designation for construction management.

Okla. Admin. Code § 260:65-17-5

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023