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45A.180 Selection of method of construction contracting management.
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The secretary of the Finance and Administration Cabinet shall promulgate
administrative regulations by October 15, 2003, providing for as many
alternative methods of management of construction contracting as he or she
may determine to be feasible; setting forth criteria to be used in determining
which method of management of construction is to be used for a particular
project; establishing a model process parallel to the selection committee
procedures established in 45A.810 for the procurement of alternative project
services of "construction management-at-risk" and "design-build," and for a
"construction manager-agency;" and providing that the chief purchasing officer
shall execute and include in the contract file a written statement setting forth
the facts recommending that a particular method of management of
construction contracting be used. The administrative regulations shall include
the establishment of:
(a) The relative weighing between qualifications and price, including the
reciprocal preference for resident bidders required under KRS 45A.494;
and
(b) The level of stipend, if any, available for the various types of projects.
When a request for proposal for a project utilizing an alternative project
delivery method is issued, the contracting body shall transmit a copy of the
request for proposal to the Capital Projects and Bond Oversight Committee
staff.
Upon issuance of the contract for a project utilizing an alternative project
delivery method, the contracting body shall submit the contract to the
Government Contract Review Committee for review in accordance with KRS
45A.690 to 45A.725. The contracting body shall insure the contract clearly
identifies to the committee that an alternative project delivery method is being
utilized. Upon disapproval of or objection to the contract by the committee, the
contracting body shall determine whether the contract shall be revised to
comply with the objections of the committee, be canceled, or remain in effect.
Subsequent contract amendments relating to change orders shall not be
required to be submitted to the Government Contract Review Committee.
A request for proposal for a project utilizing an alternative project delivery
method under this section shall specifically state the evaluation factors and the
relative weight of each to be used in the scoring of awards.
Any governing body of a postsecondary institution that manages its capital
construction program under KRS 164A.580 shall adhere to the regulations
promulgated under this section when utilizing an alternative project delivery
method for capital projects, and shall report to legislative committees as
specified in this section.
Any corporation as described by KRS 45.750(2)(c) or as created under the
Kentucky Revised Statutes as a governmental agency and instrumentality of
the Commonwealth that manages its capital construction program shall adhere
to the regulations promulgated under this section when utilizing an alternative
project delivery method for capital projects, and shall report to legislative
committees as specified in this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 162, sec. 10, effective July 15, 2010. -Amended 2003 Ky. Acts ch. 98, sec. 7, effective June 24, 2003. -- Created 1978
Ky. Acts ch. 110, sec. 36, effective January 1, 1979.
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