The Hughes County Commission approved the following procedures at their meeting on October 15, 2007.

Hughes County Procedures
for Construction Management at Risk

Section 1. Purpose

In order to comply with SDCL 5-18-52, Hughes County shall select construction management firms to provide construction management at risk services in accordance with the following procedures.

Section 2. Definitions

For the purposes of this procedure the definitions contained in SDCL and the following definitions shall apply.

1. "County" means Hughes County, its departments, offices, commission, boards, and agencies.
2. "Firm" means any individual, firm partnership, corporation, association, joint venture, or other legal entity permitted by law to practice architecture, engineering, or construction contracting in the State of South Dakota
3. "Project" means the project described in the public announcement.

Section 3. Minimum Qualification Requirements for Firms Providing Construction Management at Risk Services.

Construction Managers shall be registered with the Secretary of State as a domestic or foreign corporation, partnership, or joint venture. Construction Managers shall be registered with the Department of Revenue for tax purposes.

Section 4. Public Announcement Procedures

Except in emergencies, Hughes County shall publish an announcement in accordance with SDCL 5-18-3. The announcement shall set forth a general description of the project requiring construction management at risk services. The announcement shall define the procedures for interested firms to apply for consideration and set forth the deadline for submitting applications.

Section 5. Review Committee

There shall be a Review Committee (Committee) comprised of two County Commissioners, the County Manager and at least one other individual selected by the County Commission. The Committee shall have the responsibility for determining the most qualified offerors as provided in Section 6.

Section 6. Selection Criteria

1. The County shall issue a Request for Proposals ("RFP") by advertisement in accordance with SDCL 5-18-3. The RFP shall contain the following:

1. a general description of the project;
2. the services required will be construction manager "at risk";
3. a description of the areas of qualification required for performance of the work, such as experience, management resources, and financial capability;
4. the basis upon which the most qualified offerors will be determined;
5. the procedures for preparing and submitting proposals; and
6. a description of the qualifications the Construction Manager will be required to have;
7. a description of or reference to the proposed contract terms and conditions for the Construction Manager services contract, including a description of services he performs;
8. any other requirements the state deems necessary.

Firms desiring to submit proposals on the construction management project shall submit a Proposal setting forth the qualifications of the entities involved in the firm and providing any other information required by the RFP.

2. The Committee shall determine the relative ability of each firm to perform the services required for each project. The Committee shall base its determination upon the following:

1. experience with comparable projects;
2. financial and bonding capacity;
3. managerial resources;
4. the ability of the professional personnel;
5. past performance
6. capacity to meet time and budget requirements;
7. knowledge of local or regional conditions;
8. recent and current project workload; and
9. the ability of the construction manager to complete the work in a timely and satisfactory manner;
10. legal judgments or actions filed against the construction manager;
11. references.

3. After considering the factors in (2) above, the Committee shall report its selection of the three to five firms deemed to be most highly qualified to perform the required services to the County Commission for approval and final selection. If three or fewer responsible firms submit a statement of qualifications, the Committee shall submit the names of all responsible firms to the County Commission for approval and final selection.

The Committee shall submit questions of responsibility to the County Commission for determination.

Section 7. Negotiations

Negotiations between the public corporations and those submitting proposals prior to the acceptance of a proposal shall be conducted through the County Commission. The County Commission shall endeavor at all times to maintain the confidentiality of said negotiations.

Section 8. Award

The County Manager at the direction of the County Commission shall notify the successful construction manager in writing. Simultaneously, the County Manager shall notify, in writing, the unsuccessful construction managers that their proposals were not accepted.

Section 9. Confidentiality