Regulatory TREND. LEGE TREND. Procurement TREND. Switching to a 5 Step Contracting Process that Shifts Liability.

State: Arkansas

New transportation construction contract process: construction manager/general contractor (CMGC) form of contracting

Why the switch? liability and risks of cost overruns move to the contractor

What parameters did the Legislature put around the new contracting method?

  • 3 projects only
  • totaling no more than $200 million

How does it work?

  • Design Phase: contractors submit requests for proposals

  • After the design phase: contractor submits its cost estimate to build the project

  • If that cost is within 10% of the DOT’s cost estimate, the contractor wins the bid

  • Contract sets a ceiling price that the contractor cannot exceed.

  • If the DOT and contractor’s cost estimates exceed a 10% difference, then the project goes through a competitive bidding process

Equipment World | Ark. DOT tries out new contracting process for road projects