45A.183 Selection committee procedures to apply when capital project is to be
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/ky/45a-183A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
constructed using the construction management-at-risk method -- Eligibility of
construction management-at-risk entity -- Competitive process consistent with
code to apply when construction project is to be constructed using the
construction manager-general contractor method -- Eligibility of construction
manager-general contractor -- Administrative regulations.
(1)For the purposes of this section, "self-perform" or "self-performance" means work
performed by direct employees of a construction management-at-risk entity or a
construction manager-general contractor and not by direct employees of a
subcontractor that does not exceed twenty percent (20%) of the total cost of the
project.
(2)When a capital project is to be constructed using the construction management-at-
risk method, a process parallel to the selection committee procedures established in
KRS 45A.810 shall apply when procuring a construction management-at-risk firm
and regulations promulgated in accordance with KRS 45A.180 shall apply that set
forth requirements for:
(a)Description of the bond, insurance, and other security provisions that apply to
a project;
(b)Description of appropriate contract clauses and fiscal responsibility
requirements that apply to each project; and
(c)Restrictions relating to conflicts of interest.
(3)A construction management-at-risk entity shall be eligible to become an offeror of
goods or services on a project it manages when a subcontractor fails to perform and
upon prior approval by the contracting body, or when a construction management-
at-risk entity meets the following conditions:
(a)The construction management-at-risk entity shall only be eligible to
competitively bid on a part of a project that the entity or its parent, affiliate, or
subsidiary performs in its ordinary course of business;
(b)The construction management-at-risk entity shall publicly declare in its
advertisement for bids or addenda thereto which parts of the project it plans to
competitively bid. The scope of work for those parts of the project shall be
reviewed and approved by the contracting body. The advertisement for bids or
addenda thereto shall be issued at least two
(2)weeks prior to the bid date;
(c)The construction management-at-risk entity shall submit a sealed bid for the
parts of the project it plans to competitively bid to the contracting body. Other
entities who plan to submit bids on the parts of the project submitted by the
construction management-at-risk entity shall also submit their bids to the
contracting body;
(d)The staffing, equipment, and materials that a construction management-at-risk
entity uses for the management part of the project shall be separate from the
staffing, equipment, and materials required for the self-performance part of
the project;
(e)The construction management-at-risk entity shall not be eligible to utilize any
of the construction contingency it may be carrying on the project for any part
of the project it competitively bids to self-perform unless approved to do so
by the contracting body; and
(f)Electrical, mechanical, fire suppression, or plumbing work shall not be self-
performed.
(4)To execute its self-performance bid, a construction management-at-risk entity may
use:
(a)Materials or supplies from a supplier or subcontractor; or
(b)Tools or equipment leased from a subcontractor.
(a)When a construction project is to be constructed using the construction
manager-general contractor method, a competitive process consistent with this
code established by administrative regulations promulgated under KRS
45A.180 shall apply.
(b)The procurement process shall set forth the requirements for:
1. Description of the bond, insurance, and other security provisions that
apply to the project;
2. Description of appropriate contract clauses and fiscal responsibility
requirements that apply to the project; and
3. Restrictions relating to conflicts of interest.
(c)The selection of the construction manager-general contractor shall be based
on:
1. Qualifications; and
2. Price, including preconstruction consulting services, overhead, and
profit.
(d)Prior to the construction phase, the construction manager-general contractor
shall competitively bid the subcontracts by public notice and award each
subcontract to the lowest responsive and responsible bidder.
(e)The final construction cost and completion date for the project shall be
established by change order after the construction manager-general contractor
enters into all applicable subcontracts.
(6)A construction manager-general contractor shall be eligible to become an offeror of
goods or services on a project it manages when a subcontractor fails to perform and
upon prior approval by the contracting body, or when the construction manager-
general contractor meets the following conditions:
(a)The construction manager-general contractor shall only be eligible to
competitively bid on part or parts of a project that the construction manager-
general contractor or its parent, affiliate, or subsidiary performs in its ordinary
course of business;
(b)The construction manager-general contractor shall publicly declare in its
advertisement for bids or addenda thereto which parts of the project it plans to
competitively bid. The scope of work for those parts of the project shall be
reviewed and approved by the contracting body. The advertisement for bids or
addenda thereto shall be issued at least two
(2)weeks prior to the bid date;
(c)The construction manager-general contractor shall submit a sealed bid for the
parts of the project it seeks to self-perform no later than thirty
(30)minutes
prior to the date and time established for other entities to submit sealed bids
for the same project parts. The construction manager-general contractor shall
publicly open and read all bid amounts aloud. All bidders shall be granted
access to view the bid amounts submitted. All bids for portions of the project
the construction manager-general contractor submitted a bid to self-perform
shall be submitted to the contracting body for recordkeeping purposes;
(d)The staffing, equipment, and materials that a construction manager-general
contractor uses for the management part of the project shall be separate from
any staffing, equipment, and materials required for the self-performance part
of the project;
(e)The construction manager-general contractor shall not be eligible to utilize
any of the construction contingency it may be carrying on the project for any
part of the project it competitively bids to self-perform unless approved to do
so by the contracting body; and
(f)Electrical, mechanical, fire suppression, or plumbing work shall not be self-
performed.
(7)To execute its self-performance bid, a construction manager-general contractor may
use:
(a)Materials or supplies from a supplier or subcontractor; or
(b)Tools or equipment leased from a subcontractor.
(8)The provisions of this section shall not apply to any project, contract, proposal, bid,
or other submission or engagement entered into by the Transportation Cabinet,
including but not limited to procurement of architectural or engineering services.