D.C. Mun. Regs. r. 27-4714

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-4714 - PROJECT DELIVERY METHODS

4714.1

Within the contract types described in sections 4711 through 4713, the Department may adopt a number of project delivery methods, including those set forth in subsection 4701.1 as may be in District's best interest.

4714.2

As part of the procurement planning process, the Director or Deputy Director, pursuant to a delegation from the Director to make such determinations, will determine the most appropriate delivery method for the project based on, among other considerations:

(a) The scope of work;

(b) The complexity of design required;

(c) Existing building or site conditions;

(d) Project delivery schedule;

(e) Project budget;

(f) Existing market conditions; and

(g) Other relevant considerations.

4714.3

The general types of delivery methods include:

(a) Design-Bid-Build: Under this delivery method, the Department 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 Department will retain an architect to design the project. However, shortly after the design begins, the Department 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 Department with a guaranteed maximum price. In order to ensure that costs are properly controlled, the Department 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 Department conducts the project in a manner similar to the Construction Manager at Risk approach. However, in the Construction Manager 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 Department 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 Department 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;

(f) Design-Build-Finance-Operate-Maintain: Under this approach, the Department 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. In addition, the contractor would be responsible for operating and maintaining the facility. Payment for design and construction services would be paid out over a negotiated term; and

(g) Design-Build-Operate-Maintain: Under this approach, the Department 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. In addition, the contractor would be responsible for operating and maintaining the facility.

4714.4

The Department may combine aspects of the methods listed in subsection 4714.3 or alter aspects of these methods if doing so is in the best interest of the District.

4714.5

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 4717 through 4722.

D.C. Mun. Regs. r. 27-4714

Notice of Emergency and Proposed Rulemaking published at 58 DCR 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 998 (February 10, 2012)

Authority: The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2) )(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor's Order 2011-168, dated October 5, 2011.