Find Legal Information

45A.180 Selection of method of construction contracting management.

Download pdf

45A.180 Selection of method of construction contracting management. (1) The secretary of the Finance and Administration Cabinet shall promulgate administrative regulations by October 15, 2003, providing for as many alternative <br>methods of management of construction contracting as he or she may determine to <br>be feasible; setting forth criteria to be used in determining which method of <br>management of construction is to be used for a particular project; establishing a <br>model process parallel to the selection committee procedures established in <br>45A.810 for the procurement of alternative project services of &quot;construction <br>management-at-risk&quot; and &quot;design-build,&quot; and for a &quot;construction manager-agency;&quot; <br>and providing that the chief purchasing officer shall execute and include in the <br>contract file a written statement setting forth the facts recommending that a <br>particular method of management of construction contracting be used. The <br>administrative regulations shall include the establishment of: <br>(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. (2) 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 <br>proposal to the Capital Projects and Bond Oversight Committee staff. (3) 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 <br>Review Committee for review in accordance with KRS 45A.690 to 45A.725. The <br>contracting body shall insure the contract clearly identifies to the committee that an <br>alternative project delivery method is being utilized. Upon disapproval of or <br>objection to the contract by the committee, the contracting body shall determine <br>whether the contract shall be revised to comply with the objections of the <br>committee, be canceled, or remain in effect. Subsequent contract amendments <br>relating to change orders shall not be required to be submitted to the Government <br>Contract Review Committee. (4) 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 <br>weight of each to be used in the scoring of awards. (5) Any governing body of a postsecondary institution that manages its capital construction program under KRS 164A.580 shall adhere to the regulations <br>promulgated under this section when utilizing an alternative project delivery <br>method for capital projects, and shall report to legislative committees as specified in <br>this section. (6) 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 <br>Commonwealth that manages its capital construction program shall adhere to the <br>regulations promulgated under this section when utilizing an alternative project <br>delivery method for capital projects, and shall report to legislative committees as <br>specified in this section. Effective: July 15, 2010 <br>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 <br>ch. 110, sec. 36, effective January 1, 1979.