Find Legal Information

65.025 Prohibitions relating to employment of entities providing architectural services and construction management services on capital construction projects -- Effect of violation -- Best value procu

Download pdf

Page 1 of 2 65.025 Prohibitions relating to employment of entities providing architectural services and construction management services on capital construction <br>projects -- Effect of violation -- Best value procurement criteria -- Exception. (1) As used in this section: (a) &quot;Employ&quot; means to hire, retain, or otherwise contract with an individual or entity for goods or services; (b) &quot;Local government&quot; means a city, county, charter county government, urban- county government, consolidated local government, or a special district; (c) &quot;Construction manager&quot; means a person who coordinates and communicates the entire project process, clarifying cost and time consequences of design <br>decisions as well as clarifying construction feasibility, and who manages the <br>bidding, awarding, and construction phases of the project; (d) &quot;Design-build&quot; means a system of contracting under which one (1) entity performs both architecture/engineering and construction under one (1) single <br>contract; and (e) &quot;Best value&quot; means a procurement in which the decision is based on the primary objective of meeting the specific business requirements and best <br>interests of the local government. These decisions shall be based on objective <br>and quantifiable criteria that shall include price and that have been <br>communicated to the offerors as set forth in the invitation for bids or request <br>for proposals. Every invitation for bids or request for proposals shall provide <br>that an item equal to that named or described in the specifications may be <br>furnished. The specification may identify a sole brand in cases where, in the <br>written opinion of the chief procurement officer, documented unique and valid <br>conditions require compatibility, continuity, or conformity with established <br>standards. An item shall be considered equal to the item named or described <br>if, in the opinion of the owner and the design professional responsible for the <br>specifications: <br>1. It is at least equal in quality, durability, appearance, strength, design, and <br>other criteria deemed appropriate; 2. It will perform at least equally the function imposed by the general <br>design for the public work being contracted for or the material being <br>purchased; and 3. It conforms substantially to the detailed requirements for the item in the <br>specifications. (2) A local government shall not employ the same entity to provide both architectural services and construction management services on the same capital construction <br>project. No local government shall knowingly employ an officer, employee, or agent <br>of, or an immediate family member of an officer, employee, or agent of: <br>(a) The architectural firm that provided the architectural services to also provide construction management services for the same capital construction project <br>for which the architectural firm provided architectural services; or Page 2 of 2 (b) The construction management firm that provided the construction management services to also provide architectural services for the same <br>capital construction project for which the construction management firm <br>provided construction management services. (3) A violation of subsection (2) of this section shall suspend the local government from receiving any financial assistance from the state, or any state agency, with <br>respect to the project for which the architectural or construction management firm <br>was employed until the matter is resolved. (4) Local governments initiating a capital construction project shall incorporate, or shall require architects or construction managers in the employment of the local <br>government to incorporate, best value procurement criteria in all invitations for bids <br>or requests for proposals as provided for in subsection (1) of this section. (5) Nothing in this section shall prohibit a local government from using design-build as a method of providing for capital construction services as long as best value <br>contracting principles are followed as specified in subsection (1) of this section. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 47, sec. 4, effective July 15, 2008. -- Created 2001 Ky. Acts ch. 154, sec. 1, effective June 21, 2001.