2005 Idaho Code - 54-4511 — BIDDING OF CONTRACTS -- DUAL CAPACITY

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 45
              PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT
    54-4511.  BIDDING OF CONTRACTS -- DUAL CAPACITY. (1) In soliciting bids or
awarding contracts for public works construction, a licensed construction
manager shall comply with all notice and bidding laws with which an owner
would be required to comply if it were to do the same activities without the
assistance of a construction manager.
    (2)  A licensed construction manager and the firm of which he is a
principal or employee shall not provide construction management services for a
construction project on which the licensed construction manager or his firm
also provides design services or other construction related services, whether
as a contractor or subcontractor. Provided however, that this section shall
not preclude a licensed architect or registered professional engineer from
providing public works construction management services which are normally
provided by licensed architects or registered professional engineers for a
project on which the person or firm has provided design services. Such public
works construction management services provided by a licensed architect or
registered professional engineer shall not include the procurement of
equipment or construction work required by law to be competitively bid for
public works construction.
    (3)  No public entity shall enter into a contract with any person or firm
for construction management services if such person or firm is required to be
licensed under this chapter unless:
    (a)  Such person holds a valid license or such firm holds a valid
    certificate issued pursuant to this chapter; and
    (b)  The selection of such construction manager is made pursuant to
    section 67-2320, Idaho Code.