5-18B-43. Criteria for construction manager engagement.
Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:
(1)The purchasing agency shall first make the following determinations:
(a)That it is in the public interest to utilize the services of a construction manager; and
(b)That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;
(2)Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:
(a)The construction manager may perform general conditions of the construction contract as required by the owner;
(b)The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in §5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects;
(c)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(d)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and
(3)No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows:
(a)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(b)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9).
Source: SL 2010, ch 31, §82.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 18B - Procurement Of Public Improvements
Section 5-18B-1 - Plans and specifications--Advertisement--Availability.
Section 5-18B-2 - Certified check or cashier's check for percentage of bid or bid bond required.
Section 5-18B-3 - Check or bid bond requirement--Waiver.
Section 5-18B-4 - Surety bond or insurance contract required in bid, in contract, or by law.
Section 5-18B-6 - Certification regarding labor provided by nonresident subcontractors.
Section 5-18B-7 - Contractor's use tax liability.
Section 5-18B-8 - Forfeited funds accrue to funds provided for construction.
Section 5-18B-9 - Time limits--Return of checks--Return or destruction of bid bonds.
Section 5-18B-10 - Plans and specifications prepared by architect or engineer.
Section 5-18B-11 - Progress payments--Retention of funds from final payment--Interest.
Section 5-18B-13 - Occupancy before completion and acceptance.
Section 5-18B-14 - Project superintendent--Installment payments--Final payment.
Section 5-18B-16 - Unemployment compensation.
Section 5-18B-17 - Contractor's excise tax license.
Section 5-18B-18 - Contributions and interest due the Department of Labor and Regulation.
Section 5-18B-19 - Amendment or change order to existing contract.
Section 5-18B-20 - Design-build contracts.
Section 5-18B-21 - Design-builder to be authorized.
Section 5-18B-22 - Subletting of design services.
Section 5-18B-23 - Subletting construction or other services.
Section 5-18B-26 - Performance criteria developer and design builder to perform separate roles.
Section 5-18B-28 - Development of performance criteria.
Section 5-18B-30 - Design-build request not to be detailed--Drawings--Specifications--Standards.
Section 5-18B-31 - Pre-qualification of design-builders--Elements of request for qualifications.
Section 5-18B-32 - Deposit or bond submitted with proposal--Forfeiture.
Section 5-18B-33 - Proposals to be sealed--Contents.
Section 5-18B-34 - Confidentiality of proposals.
Section 5-18B-36 - Acceptance of a proposal--Evaluation criteria scores.
Section 5-18B-37 - Rejection of design-build proposals--Solicitation of new proposals.
Section 5-18B-38 - Withdrawal of design-build proposal.
Section 5-18B-39 - Construction manager engagement.
Section 5-18B-40 - Services of construction manager.
Section 5-18B-41 - Manager-agent.
Section 5-18B-42 - Manager-at-risk.
Section 5-18B-43 - Criteria for construction manager engagement.
Section 5-18B-44 - Criteria for construction manager-at-risk engagement.
Section 5-18B-45 - Active involvement of licensed design professional required.
Section 5-18B-46 - Improvement projects that rely on federal funding from FAA.