Sections 1 and 2 are deleted by the A-2 amendment and replaced by section 1.
Section 1 specifies data privacy protections for various documents related to an RFQ (request for qualifications) and an RFP (request for proposals) at various stages of the solicitation and proposal process.
Section 3 is a new section of statute that establishes definitions for construction manager/general contractor contracts. “Construction manager/general contractor” is defined in subdivision 4 as an entity selected by the commissioner to manage the construction process and be responsible for price, schedule, and execution of preconstruction services and workmanship of construction.
Section 4 is a new section of statute that establishes the authority of the construction manager/general contractor.
Subdivision 1 allows the commissioner to use the procedures in section 5 to select a construction manager/general contractor and limits the commissioner to four such projects during a fiscal year.
Subdivision 2 gives the commissioner final authority to decide to use a construction manager/general contractor contracting procedure.
Subdivision 3 authorizes the commissioner to accept or reject any or all responses received as a result of an RFQ or RFP and resolicit, using the same or different requirements.
Subdivision 4 requires the commissioner to notify the legislative Transportation Committees when using the construction manager/general contractor method of procurement and to explain reasons for the decision to use this method.
Section 5 is a new section of statute that establishes procedures for use of the construction manager/general contractor procurement method.
Subdivision 1 directs the commissioner to establish a two-phase procedure for awarding a construction manager/general contractor contract.
Subdivision 2 sets out the requirements for phase 1, which is preparation of the RFP and appointment of a technical review committee to evaluate construction manager/general contractor proposals and rank proposers. Unless all proposals are rejected, the commissioner then negotiates for a preconstruction services contract with the highest-ranked proposer. Before issuing the RFP, the commissioner may elect to issue an RFQ and short-list the most highly qualified responders.
Subdivision 3 sets out the requirements for phase 2, which is contracting. The commissioner must establish an independent cost estimate for the project or each work package and negotiate to develop a construction manager/general contractor contract. If they are unable to agree on a contract, the commissioner may use other contract procurement processes or readvertise the construction manager/general contractor contract. The construction manager/general contractor may bid on the project if it is low-bid or best-value, or join a design-build team bidding on the project. The commissioner must provide to all bidders or design-build teams, all data shared during contract negotiations between the commissioner and construction manager/general contractor.
Section 6 requires the commissioner to report to the legislative Transportation Committees concerning experience with the construction manager/general contractor contracts, and recommendations for the program’s future. An interim report is due by 12 months after the acceptance of five construction manager/general contractor contracts to be followed by a final report three months after acceptance of ten construction manager/general contractor contracts.
Section 7 gives immediate effect to this act and provides for expiration of the act following acceptance of ten construction manager/general contractor contracts.