KRS § 45A.180 — KY Code / Title VI / Chapter 45A / Section 45A.180
45A.180 Selection of method of construction contracting management
Status: in_force

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

methods of management of construction contracting as he or she may determine to

be feasible; setting forth criteria to be used in determining which method of

management of construction is to be used for a particular project; establishing a

model process parallel to the selection committee procedures established in

45A.810 for the procurement of alternative project services of "construction

management-at-risk" and "design-build," and for a "construction manager-general

contractor" and a "construction manager-agency;" and providing that the chief

purchasing officer shall execute and include in the contract file a written statement

setting forth the facts recommending that a particular method of management of

construction contracting be used. The administrative regulations shall include the

establishment of:

(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

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

Review Committee for review in accordance with KRS 45A.690 to 45A.725. The

contracting body shall insure the contract clearly identifies to the committee that an

alternative project delivery method is being utilized. Upon disapproval of or

objection to the contract by the committee, the contracting body shall determine

whether the contract shall be revised to comply with the objections of the

committee, be canceled, or remain in effect. Subsequent contract amendments

relating to change orders shall not be required to be submitted to the Government

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

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

promulgated under this section when utilizing an alternative project delivery

method for capital projects, and shall report to legislative committees as specified in

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

Commonwealth that manages its capital construction program shall adhere to the

regulations promulgated under this section when utilizing an alternative project

delivery method for capital projects, and shall report to legislative committees as

specified in this section.