73-1104. Design-build contract or construction manager-general contractor contract; authorized; approval required; procedure.

237 words·~1 min read·/ne/chapter-73/73-1104

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

(1)An authorized agency, in accordance with the State Building Construction Alternatives Act, may solicit and execute a design-build contract or a construction manager-general contractor contract for state buildings for which the authorized agency has responsibility except as otherwise provided in section 73-1103 .

(2)Before executing a design-build contract or construction manager-general contractor contract, an authorized agency shall submit a request for approval from the Director of Administrative Services or his or her designee. The request shall include the following:

(a)A written determination that, due to the nature, detail, or circumstances of a project, the use of a design-build contract or construction manager-general contractor contract is justified. The determination shall include a description of facts justifying such use and state whether the authorized agency is planning to use a design-build contract or a construction manager-general contractor contract;

(b)The criteria for making such determination, including the following factors:

(i)The cost of the project;

(ii)The anticipated schedule for the project from preparation for contracting through completion of construction;

(iii)The overall complexity of the project;

(iv)The need to overlap design and construction phases of the project; or

(v)An emergency exists that requires the use of an accelerated schedule to make repairs; and

(c)An explanation of how using a design-build contract or construction manager-general contractor contract will not result in favoritism or substantially diminish competition in awarding such contract for such project.