I have an issue to circulate:

If a construction management company consults or works with an Architect to
price/cost building designs(s), can the company bid to do the construction?
And,

If a construction management company consults or works with an Architect to
price/cost building design(s), does that exclude or disqualify them from
bidding on the project?

(I have already advised that the company cannot do the construction, or bid
on the project, because they have inside information which would give the
company an advantage.)

Kay Wall

Under the construction/manager form of construction, a CM at risk is allowed to bid on separate aspects of the project construction but can only receive the bid if they are the lowest bidder.  See, 61 OS 220(F) ("All construction contracts or subcontracts for work to be performed for any political subdivision or school district pursuant to a construction management project delivery method shall be awarded in accordance with the provisions of the Public Competitive Bidding Act of 1974. If a construction manager at risk wishes to self perform portions of the construction work to be performed, the construction manager at risk may self perform portions of the work provided the construction manager at risk competitively bids the work under the same terms and conditions as the other bidders and the construction manager at risk is the lowest responsible bidder for the construction subcontract. No work shall commence until the school district executes a written contract and the contractor and subcontractors submit bonds and proofs of insurance as required by the appropriate contract.").

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma  73085
Telephone: (405) 938-9108

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From: Oama oama-bounces@lists.imla.org On Behalf Of Kay Wall
Sent: Friday, February 7, 2020 2:57 PM
To: OAMA@lists.imla.org
Subject: [Oama] construction co. bidding on projects

I have an issue to circulate:

If a construction management company consults or works with an Architect to price/cost building designs(s), can the company bid to do the construction?  And,

If a construction management company consults or works with an Architect to price/cost building design(s), does that exclude or disqualify them from bidding on the project?

(I have already advised that the company cannot do the construction, or bid on the project, because they have inside information which would give the company an advantage.)

Kay Wall