13-2905. Political subdivision; policies; requirements.

326 words·~1 min read·/ne/chapter-13/13-2905

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The political subdivision shall adopt policies for entering into a design-build contract, construction management at risk contract, or public-private partnership contract. The policies shall require that such contracts include the following:

(1)Procedures for selecting and hiring on its behalf a performance-criteria developer when soliciting and executing a design-build contract. The procedures shall be consistent with the Nebraska Consultants' Competitive Negotiation Act and shall provide that the performance-criteria developer

(a)is ineligible to be included as a provider of any services in a proposal for the project on which it has acted as performance-criteria developer and

(b)is not employed by or does not have a financial or other interest in a design-builder or construction manager who will submit a proposal;

(2)Procedures for the preparation and content of requests for proposals;

(3)Procedures and standards to be used to prequalify design-builders and construction managers. The procedures and standards shall provide that the political subdivision will evaluate prospective design-builders and construction managers based on the information submitted to the political subdivision in response to a request for letters of interest and will select design-builders or construction managers who are prequalified and consequently eligible to respond to the request for proposals;

(4)Procedures for preparing and submitting proposals;

(5)Procedures for receiving and evaluating unsolicited proposals from private parties that are outside of the proposal process for design-build contracts and construction management at risk contracts;

(6)Procedures for evaluating proposals in accordance with sections 13-2908 , 13-2910 , and 13-2911 ;

(7)Procedures for negotiations between the political subdivision and the design-builders or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated;

(8)Procedures for filing and acting on formal protests relating to the solicitation or execution of design-build contracts or construction management at risk contracts; and

(9)Procedures for the evaluation of construction under a design-build contract by the performance-criteria developer to determine adherence to the performance criteria.