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Project Acquisition Under the Consolidated Procurement Code

This document outlines key factors for selecting project delivery methods under South Carolina's Consolidated Procurement Code (SC Code Ann. § 11-35). It discusses considerations such as facility type, complexity, timelines, available methods, and decision-making processes. The aim is to ensure effective project delivery through methods like Design-Build, Guaranteed Performance Contracting, and more. The guide also emphasizes the importance of thorough evaluation and documentation when making delivery method and source selection decisions, ultimately submitting the determination for state review.

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Project Acquisition Under the Consolidated Procurement Code

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  1. Project AcquisitionUnder the Consolidated Procurement Code John St. C. WhiteState Engineer803-737-0768jswhite@mmos.sc.gov

  2. Choosing the Project Delivery Method Most Advantageous to the State SC Code Ann § 11-35-3010

  3. Factors to Consider When Choosing a Project Delivery Method Regulation 19-445.2145(B)

  4. Choosing the Project Delivery Method – Factors to Consider • Facility: • Facility type • Complexity • Extent to which design requirements for the infrastructure facility are known, stable, and established in writing • Location • Unique characteristics of site(s) that would impact project

  5. Choosing the Project Delivery Method – Factors to Consider • Time • Earliest date on-site work can start • Deadline for completion • Critical intermediate deadlines • Financing to support project/facility life cycle • Projected life cycle costs • Potential sources of funding • Projected cash flow requirements

  6. Choosing the Project Delivery Method – Factors to Consider • Available Project Delivery Methods • Comparative advantages & disadvantages of each for the project • How each method might be configured and applied to fulfill requirements • Methods used on similar projects in the past and the results • Decision Making/Administrative Services • Available decision makers and administrators • Their relevant experiences, skills, and abilities • Extent to which decision-making and administration can be assigned to others by contract

  7. What type of Project Delivery Methods are Appropriate for Guaranteed Performance Contracting Design-Build Design-Build-Maintain Design-Build-Operate-Maintain Design-Build-Finance Design-Build-Finance-Maintain Design-Build-Finance-Operate-Maintain

  8. Selecting the Source Selection MethodSC Code Ann § 11-35-3015 Design-Build: Competitive Sealed Proposals pursuant to § 11-35-1530 Guaranteed Performance Contracting See Also §48-52-670: Competitive Sealed Proposals pursuant to § 11-35-1530

  9. Selecting Additional Procurement Procedures SC Code Ann § 11-35-3024(2)(c) & (3)(b) • If you determine the cost of preparing proposals is high in view of the size, estimated price, and complexity of the procurement, you may: • Prequalify Offerors in accordance with § 11-35-3023 • Short list Proposals • Pay Stipends • Means of Selecting Independent Peer Reviewer

  10. Select Performance Phase Security • Portion of Contract that does not include financing, maintenance, and operations • 100% Performance Bond required • 100% Payment Bond required

  11. Select Performance Phase Security • Maintenance and operations – optional security • Letters of credit in an amount appropriate to cover the cost to the governmental body of preventing infrastructure service interruptions for a period up to 12 Months • Appropriate written guarantees to secure the recovery of reprocurement costs in the event of default of the contractor

  12. Written Determination of Choice of Project Delivery Method • Chosen method and why (Factors for consideration above) • Chosen source selection method and why • Chosen alternative procedures and why • Chosen performance phase security and why

  13. Submit the Determination to the State Engineer State Engineer has ten days to review and approve or disapprove

  14. Sample Documents for the Procurement Process • Currently in Draft Form • Available for Viewing at • http://procurement.sc.gov/PS/training/PS-training-presentations.phtm • See bottom of page • GPC Schedules • SE-800 Series Documents

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