WHATS NEW IN THE STATE ENGINEER

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WHAT IS NEW OFFICE OF THE STATE ENGINEER
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SENATE BILL 282

• ALTERNATIVE DELIVERY
• EFFECTIVE DATE 1/1/2008

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AUTHORIZES ALTERNATIVE PROJECT DELIVERY METHODS

• Section 11-35-3005(1)   
• (a) design-bid-build
• (b) construction management at-risk
• (c) operations and maintenance
• (d) design-build
• (e) design-build-operate-maintain and
• (f) design-build-finance-operate-maintain.
• (g) any other method approved by the State
  Engineer

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Conditions for Use Section 11-35-1530(1)

• Determination that competitive sealed bidding is
  either not practicable or not advantageous to the
  State
• State Engineer approval
• If approved, agency must select contractor using
  competitive sealed proposals

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The Determination 19-445.2145(B)(2)

• results similar projects
• comparative advantages and dis-advantages
• best configuration for State needs

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The Determination Sloan v. Greenville County

• Must Inform Why is this best for the State?
• Provide public a window into decision-making
  process

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Indefinite Delivery Contracts
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• CHAPTER 9 Indefinite Delivery Contracts
• Chapter 9.1 Professional Services Indefinite
  Delivery Contracting and Work Orders
• Chapter 9.2 Indefinite Delivery Contracting for
  Construction Services

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Sister Companies Bidding Same Job

• Bids must be independently arrived at in open
  competition
• Certification of Independent Bidding

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RS Means - Issues

• Scope of Solicitation Quality
• Unreasonably low multipliers
• Award of Delivery Orders Scope of Delivery
  Order must be within Scope of IDC

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Energy Independence and Sustainable Construction
Act of 2007 (48-52-800 et.seq.)

• Major state facility projects must attain either
• US Green Building Council LEED Silver
  Certification or
• Green Globes Two Globes Certification

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What are Major Facility Projects?

• state-funded new construction - larger than
  10,000 gross square feet
• state-funded renovation projects
• more than fifty percent of the replacement value
  of the facility or
• a change in occupancy
• state-funded commercial interior tenant fit-out -
  larger than 7,500 square feet

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Exemptions

• a building, regardless of size, that does not
  have conditioned space
• a public kindergarten, elementary school, middle
  school, secondary school, junior high school, or
  high school
• a correctional facility
• project funded by
• State Ports Authority, the
• Coordinating Council for Economic Development, or
  
• the State Infrastructure Bank

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Exception for Renovation, Occupancy Change
Tenant Lease Fit Out

• Cannot amortize the cost of meeting the standard
  over 30 years or less (30 year life cycle cost
  analysis.

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OSE Granted Waiver(s)

• number of points earned for energy
  consumption/conservation
• Green Globes 20 of the available points for
  energy performance
• LEED 40 of the available points for energy
  performance

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Re-Commissioning

• Must be inspected by a third-party commissioning
  agent in the fifth, tenth, and fifteenth year
  following certification

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