CMAR vs Design-Build vs Design-Bid-Build in South Carolina
CMAR vs design-build vs design-bid-build in South Carolina: how each is defined, procured and bonded under the state code, and when to use each. Read the guide.
For state construction projects governed by South Carolina's Consolidated Procurement Code, all three methods are authorized, and the governmental body must document why it selected one. Design-bid-build suits a completed design and competitive sealed bidding. Construction management at-risk allows the builder to join before design is complete. Design-build combines design and construction in one contract, normally procured through competitive sealed proposals or competitive negotiation.
The three methods side by side
The definitions and selection rules below come from the South Carolina Consolidated Procurement Code, Title 11, Chapter 35, which governs state construction projects. These are the standard selection procedures; Section 11-35-3015 also provides exceptions, including small purchases, sole-source procurement, and emergency procurement.
| Design-bid-build | Construction management at-risk | Design-build | |
|---|---|---|---|
| Contracts with the owner | Two, awarded in sequence: design first, then construction according to the design | Two: one for design, and one with the construction manager at-risk for construction and construction management services | A single contract for design and construction |
| When the builder joins | After the design contract has produced the design | A contract with a construction manager at-risk may be executed before completion of design | Under the same contract as the design team |
| How the builder is selected | Competitive sealed bidding | Competitive sealed bidding or competitive sealed proposals | Competitive sealed proposals or competitive negotiation |
| Bonds | Bid security of at least five percent on bids over one hundred thousand dollars, then performance and payment bonds | The solicitation may defer performance and payment security during preconstruction or design; required security must be delivered before construction of the covered portion begins | Performance and payment bonds |
Performance and payment bonds or other permitted security generally must each cover one hundred percent of the contract price excluding operation, maintenance, and finance. For contracts of fifty thousand dollars or less, the governmental body may waive these requirements if it has protected the State. CMAR and design-build solicitations may permit security for designated portions of the project.
What the code asks of an owner before it picks a method
The governmental body selects the method and must state in writing the facts and considerations leading to the selection. That report goes to the State Engineer's Office, which has ten days to review it and can take a disagreement to the State Fiscal Accountability Authority.
Counties and cities follow their adopted procurement ordinances or procedures. Section 11-35-5320 requires political subdivisions to adopt ordinances or procedures embodying sound principles of appropriately competitive procurement. Under Section 11-35-5340, a school district whose annual budget of total expenditures, including debt service, exceeds seventy-five million dollars is subject to the state code. An exemption requires the Division of Procurement Services to determine in writing that the district's own code is substantially similar, and a procurement audit by an approved firm remains required every three years. Read the owner's solicitation and applicable procurement rules before assuming how a local project will be awarded.
When design-bid-build is the right call
Most owners know design-bid-build: the architect or engineer finishes the drawings, the project is advertised, sealed bids are opened publicly, and the contract goes to the lowest responsive and responsible bidder. It fits a project whose design is settled and whose owner wants price competition on a complete set of documents.
For state design-bid-build competitive sealed bidding, the invitation identifies required subcontractor license classifications or subclassifications when individual subcontract amounts are expected to exceed three percent of the prime contractor's total base bid, and it may also identify vital work. Bidders must complete the specified list, naming themselves where permitted to self-perform, or the bid is unresponsive. Bihn's design-bid-build service prices the finished design and runs it under one accountable general contract.
Can a contractor be hired before the design is finished?
Yes, under construction management at-risk. The code allows the contract with a construction manager at-risk to be executed before completion of design, which is the point of the method: the builder prices, schedules, and reviews constructability while the drawings are still changing, then carries the risk of building to them.
Bihn's construction manager at risk service commits to a Guaranteed Maximum Price at a defined design milestone, carries the cost risk, and provides open-book accounting. Our preconstruction team does the estimating, scheduling, and constructability review that make that price defensible. CMAR suits occupied buildings, phased campus work, and projects where the schedule cannot wait for a full bid set.
When design-build makes more sense
Under design-build, the designers and the builder sit on one team under one contract, so design decisions are priced as they are made. The code requires competitive sealed proposals or competitive negotiation for design-build, and the request for proposals must state the relative importance of compliance with the design requirements, offeror qualifications, financial capacity, project schedule, price, and any other factors.
It suits owners who want one point of accountability from concept through closeout and are comfortable defining the project through performance requirements rather than finished drawings. Bihn's design-build service coordinates architects, engineers, and trades from the first sketch.
Which delivery method should a public owner choose?
Start with how complete the design is and how much the owner wants to control it. A finished design with a fixed budget points to design-bid-build. A design still in progress, an occupied facility, or a schedule that needs an early price points to construction management at-risk. A project best described by what it must do, where the owner wants a single accountable team, points to design-build. For a state construction project governed by the code, those facts also help explain the delivery-method choice in the required written report.
Working with Bihn under any of the three
Bihn Construction delivers under design-bid-build, construction management at-risk, design-build, preconstruction-only, and construction management agreements. Our capabilities and prequalification page lists what we send for a prequalification file, and our guide to South Carolina public construction bid requirements covers bid security, bonds, and bid openings in more detail. For renovations to occupied buildings, see our commercial renovation services.
Send invitations to bid, RFQs, RFPs, and drawings to welcome@bihnconstruction.com or call (864) 305-5307.
Bihn Construction brings New York-level discipline to building, renovating, and remodeling across Upstate South Carolina.
Related: Capabilities & Prequalification · Construction Manager at Risk · Government & Civic
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