Section 990.120  Definitions

The following definitions shall apply to this Part:

"CDB" means the Capital Development Board, the agency.

"CM" means any individual, sole proprietorship, firm, partnership, corporation, or other legal entity providing construction management services.

"Consultant" means a firm or individual who will perform a portion of the contract or assist the CM in its performance of the contract under a contract with the CM.

"Contract" or "Contract Requirements" consist of any and all provisions of the CDB  Construction Management Contract (CMC).

"Key Person" means any individual who holds 5% or more ownership interest in the firm.  In the event the firm is owned by another corporation, partnership, trust or business association, any individual within that organization or who is a trust beneficiary who holds a 5% or more ownership or beneficial interest is considered a key person.  Regardless of ownership interest, any officer, partner, managing agent or director is considered a key person.  This definition also includes any individual who assumes the responsibility of an officer, owner, partner, director, etc., regardless of ownership interest. 

"Office Location" means all locations at which the CM provides construction management services.

"Parent Office" means the primary location of the CM's place of business.

"Performance Record" consists of, but is not limited to, the following:

Data indicating the CM has met all contract requirements on previous contracts, private and public.

Evidence of material compliance with all CDB contract requirements.

"Prequalification" is the status granted by CDB to responsible CMs that permits them to make submittals on CDB projects or to be awarded a CDB contract.

"Responsibility" is a determination made by CDB that the CM is a responsible CM.  The determination may be made at any time.  Because responsibility is affected by such things as financial resources, performance records, and organizational and operational factors, all of which are subject to change, the initial determination of responsibility, made through evaluation of an application to CDB, may be changed upon receipt of additional or different information.  The CM is required to inform CDB of any significant change to the information submitted in its application.  Each CM must provide CDB with adequate documentation of responsibility.  CDB will ordinarily provide forms for this information.  CDB may supplement this information from other sources and may require additional documentation at any time.  A responsibility determination may also be verified on an ongoing basis through other information, including but not limited to performance evaluations and reference contacts.