§ 5-18b-44

5-18B-44. Criteria for construction manager-at-risk engagement.Each qualification based request for proposals required by subsection 5-18B-43(2)(b) to enter into a construction manager-at-risk services contract where the construction manager-at-risk intends to actually perform construction on the project, shall meet the following criteria:(1)The purchasing agency shall, prior to issuing any request for proposals to enter in a construction management services contract, establish and publish procedures for the solicitation and award of such contracts, which procedures shall include the following:(a)The procedures and standards to be used to qualify construction managers;(b)The procedures for preparing and submitting proposals;(c)The procedures for evaluating proposals;(d)The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve the confidential information and proprietary information supplied by those submitting proposals; and(e)The procedures for awarding construction management services contracts;(2)A request for proposals to enter into a construction

nd proprietary information supplied by those submitting proposals; and(e)The procedures for awarding construction management services contracts;(2)A request for proposals to enter into a construction management services contract shall contain the following elements:(a)The identity of the purchasing agency;(b)A description of the proposed public improvement;(c)A description of the qualifications the construction manager will be required to have;(d)The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and procedures for making awards;(e)The proposed terms and conditions for the construction management services contract, including a description of the scope of services to be provided;(3)Notice of any request for proposals shall be advertised in accordance with the provisions of §5-18A-14;(4)After obtaining and evaluating proposals, a purchasing agency may accept the proposal it considers the most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the construction manager submitting the accepted proposal, and by simultaneously notifying in writing the other construction

purchasing agency. Acceptance of a proposal shall be by written notice to the construction manager submitting the accepted proposal, and by simultaneously notifying in writing the other construction managers that their proposals were not accepted; and(5)The purchasing agency shall reserve the right to reject any or all proposals submitted. Source: SL 2010, ch 31, §83.