Kentucky Statutes 45A.180 – Selection of method of construction contracting management
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(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 KRS § 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.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 105, sec. 10, effective June 24, 2015. — Amended
2010 Ky. Acts ch. 162, sec. 10, effective July 15, 2010. — Amended 2003 Ky. Acts ch. 98, sec. 7, effective June 24, 2003. — Created 1978 Ky. Acts ch. 110, sec. 36, effective January 1, 1979.
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:
Terms Used In Kentucky Statutes 45A.180
- Contract: A legal written agreement that becomes binding when signed.
- Oversight: Committee review of the activities of a Federal agency or program.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 KRS § 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.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 105, sec. 10, effective June 24, 2015. — Amended
2010 Ky. Acts ch. 162, sec. 10, effective July 15, 2010. — Amended 2003 Ky. Acts ch. 98, sec. 7, effective June 24, 2003. — Created 1978 Ky. Acts ch. 110, sec. 36, effective January 1, 1979.