An Act To Allow Alternative Delivery Methods for Locally Funded School Construction Projects
Maine Legislature, Session 125, LD 0530
Committee Amendment CA_A_H613 (House)
Amends: 5 MRSA §1743

COMMITTEE AMENDMENT "A "to H.P. 413, L.D. 530, Bill, "An Act To Allow 
Alternative Delivery Methods for Locally Funded School Construction Projects" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §1743, sub-§9 is enacted to read: 
9. School construction projects; alternative delivery method. As an alternative to 
the competitive bid method provided in subsection 2, a school administrative unit may, 
subject to the provisions of this subsection, undertake a school construction project using 
the construction-manager-advisor method, the design-build method or the construction-
manager-at-risk method for school construction projects that are locally funded and have 
a minimum total project cost of $1,000,000. 
A. A school administrative unit seeking to use an alternative delivery method for a 
school construction project shall apply on an application form developed by the 
Department of Education and the bureau for approval of the alternative delivery 
method prior to commencing the project. Project applications must be evaluated by a 
review panel composed of representatives of the Department of Education, the bureau 
and others with expertise in education, architecture, construction and engineering. 
B. The Commissioner of Education and the Commissioner of Administrative and 
Financial Services shall adopt rules to implement the application form required under 
paragraph A. the project evaluation method and evaluation criteria, composition of 
the review panel, performance measures, contract documents, administrative appeals 
process and all other matters necessary to implement this subsection. The rules must 
provide that decisions pertaining to prequalification and selection may be appealed 
only to the bureau and that the decision of the director or the director's designee is 
final and may not be appealed. The director or the director's designee shall consult 
with 2 nonvoting, outside advisors from the design and construction industry. Rules 
adopted under this paragraph are routine technical rules pursuant to chapter 375, 
subchapter 2-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If" to H.P. 413, L.D. 530 
Sec. 2. P&SL 1999, c. 79, §3 is repealed. 
Sec. 3. P&SL 1999, c. 79, §§4 and 5, as amended by P&SL 2001, c. 54, §1, are 
repealed. 
Sec. 4. P&SL 1999, c. 79, §§6 to 8 are repealed. 
Sec. 5. P&SL 1999, c. 79, §9, as amended by P&SL 2005, c. 52, § 1 and affected 
by §6, is repealed. 
Sec. 6. P&SL 1999, c. 79, §9-A, as enacted by P&SL 2005, c. 52, §2 and affected 
by §6, is repealed. 
Sec. 7. P&SL 1999, c. 79, §§10 and 11 are repealed. 
Sec. 8. P&SL 1999, c. 79, §12, as amended by P&SL 2005, c. 52, §§3 to 5 and 
affected by §6, is repealed.' 
SUMMARY 
This amendment replaces the bill. The amendment repeals those provisions of Private 
and Special Law 1999, chapter 79 that authorized school administrative units to utilize 
alternative delivery methods for school construction projects and enacts the substantive 
provisions of that law into the statutes governing public improvement construction 
contracts. The amendment allows a school administrative unit to undertake a school 
construction project using the construction-manager-advisor method, the design-build 
method or the construction-manager-at-risk method for school construction projects that 
are locally funded and have a minimum total project cost of$I,OOO,OOO. 
FISCAL ~OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11/11 
frac:'-
LD530 
LR 1184(02) 
An Act To Allow Alternative Delivery Methods for Locally Funded School Construction Projects 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
The Department of Administrative and Financial Services, Bureau of General Services may require additional General 
Fund appropriations to support one Architect postion if a significant number of schools pursue alternative delivery for 
school construction projects. The amount of additional funding required, if any, will depend on the number of 
projects and cannot be estimated at this time. 
This legislation may also have a significant fiscal impact on the Department of Education associated with providing 
staffto serve on the review panel. The ability ofthe Department of Education to absorb these costs within existing 
resources can not be determined at this time and will depend on the number oflocal-only school construction projects 
undertaken by school administrative units using the alternative delivery methods specified in this bill. 
LR1184(02) - Fiscal Note - Page 1 of 1