162.065 Administrative regulations for use by local school boards when constructing schools using construction managers -- Items considered equal to specifications may be furnished.
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<![CDATA[162.065 Administrative regulations for use by local school boards when constructing schools using construction managers -- Items considered equal to <br>specifications may be furnished. The State Board of Education shall promulgate administrative regulations for use by local <br>school boards when constructing school buildings using construction managers. A <br>construction manager is an experienced and qualified construction contracting <br>organization that is paid a fee for its professional management and supervision services. <br>The regulations shall include, but not be limited to: <br>(1) A standard "Request for Proposal" form, including appropriate criteria for use by local school boards to ensure only qualified construction managers are considered: <br>(a) A list of successfully completed projects or a demonstrated capability to perform projects of a similar type; (b) A descriptive detail of projects showing the experience and the ability to perform budget estimating, value engineering, and scheduling; and (c) A list of experienced and qualified personnel with a track record of achieved quality and the capability to provide bidder solicitation; (2) Adequate public notice of the invitation for proposals shall be given a sufficient time prior to the date set for the opening of proposals; (3) A requirement for bids, when requested by a construction manager, be submitted to the architect or owner and opened in public; (4) A requirement that all bids for school construction projects be advertised in newspapers with the largest local circulation; (5) A sample fee schedule for construction manager services shall be developed by recommendation of a diversified committee consisting of Department of Education <br>personnel, architects, and construction managers for the guidance of local school <br>boards; (6) A requirement that established qualifications-based selection procedures be implemented by local boards when selecting firms to provide architectural and <br>engineering services; and (7) A requirement that specifications in every invitation for bids or request for proposals shall provide that an item equal to that named or described in the <br>specifications may be furnished. The specifications may identify a sole brand in <br>cases where, in the written opinion of the chief procurement officer, documented <br>unique and valid conditions require compatibility, continuity, or conformity with <br>established standards. An item shall be considered equal to the item named or <br>described if, in the opinion of the local board and the design professional <br>responsible for the specifications: <br>(a) It is at least equal in quality, durability, strength, design, and other criteria deemed appropriate; (b) It will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased; and (c) It conforms substantially to the detailed requirements for the item in the specifications. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 47, sec. 5, effective July 15, 2008. -- Created 1992 Ky. Acts ch. 379, sec. 1, effective July 14, 1992. ]]>