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

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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.