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UNC �Y SCHOOL OF GOVERNMENT a. Separate- (or Multi-) Prime — The local government accepts bids separately and awards to the lowest responsive, responsible bidder for each category of work ("branches or subdivisions'; see Step 1, 2 above) for which separate specifications are required: (i) HVAC and cold storage with a cooling load of 15 tons or more; (ii) plumbing and gas fittings; (iii) electrical; and (iv) all other general work. Additional categories of work also can be contracted separately. Each contractor is directly responsible to the local government and to other contractors forfull performance of his or her contract. [G.S. 143-128(b)] b. Single -Prime — The local government accepts bids from general contractors for the entire project and awards to the lowest responsive, responsible bidder, and the general contractor contracts with subcontractors for branches or divisions of work on the project. The bidders must identify on their bids the subcontractors for HVAC, electrical, plumbing, and general work. Once the contract is awarded, the general contractor is directly responsible to the local government, and subcontractors are directly responsible to the general contractor. The winning contractor cannot substitute subcontractors unless (i) the contractor determines that a subcontractor's bid is nonresponsive or nonresponsible; (ii) a subcontractor refuses to enter into the contract; or (iii) with approval by the local government if the contractor shows good cause for the substitution. [G.S. 143-128(d)] Dual bidding (both Separate- and Single -Prime)" — The local government may choose to accept both separate -prime and single -prime bids for the same project, and then award the contract to the lowest responsive, responsible bidder in either category. In determining whether to award on a separate -prime or single -prime basis, the local government may consider the costs of construction oversight, time for completion, and other factors it deems appropriate. Separate -prime bids must be received — but not opened — one hour before the deadline for single -prime bids. A separate -prime bidder cannot underbid his bid to a single -prime contractor. For projects in the formal bidding range ($500,000 or more), in counting bids to determine if the 3 -bid minimum requirement for opening has been met, each single - prime bid counts as one bid, and each full set of separate prime bids in the 4 branches or divisions specification categories counts as one bid. If 3 single -prime bids are received but a full set of separate -prime bids is not, no separate -prime bids can be opened. [G.S. 143-128(dl), G.S. 143-132] d. Construction Management at Risk (CM@R) —Under a construction management at risk contract, the construction manager, who must be a licensed general contractor, provides construction management services such as preparing and coordinating bid packages and construction administration, and guarantees the cost of the project. The construction manager at risk acts as the fiduciary of the local government in 13 Technically speaking, dual bidding is not a contracting method, but rather a bidding method. mber 1 \n 11 Construction Contracting Basic Legal Requirements Updated September 2013 F-9 Page 87