45A.183 Selection committee procedures to apply when capital project is to be constructed using the construction management-at-risk method -- Competitive process consistent with code to apply when construction project is to be constructed using the construction manager-general contractor method -- Administrative regulations. (1) When a capital project is to be constructed using the construction management-at- risk method, a process parallel to the selection committee procedures established in KRS 45A.810 shall apply when procuring a construction management-at-risk firm and regulations promulgated in accordance with KRS 45A.180 shall apply that set forth requirements for: (a) Description of the bond, insurance, and other security provisions that apply to a project; (b) Description of appropriate contract clauses and fiscal responsibility requirements that apply to each project; and (c) Restrictions relating to conflicts of interest, including a provision that a construction management-at-risk entity shall be eligible to become an offeror of goods or services on a project it manages only when a subcontractor fails to perform and upon prior approval by the contracting body. (2) (a) When a construction project is to be constructed using the construction manager-general contractor method, a competitive process consistent with this code established by administrative regulations promulgated under KRS 45A.180 shall apply. (b) The procurement process shall set forth the requirements for: 1. Description of the bond, insurance, and other security provisions that apply to the project; 2. Description of appropriate contract clauses and fiscal responsibility requirements that apply to the project; and 3. Restrictions relating to conflicts of interest, including a provision that a construction manager-general contractor shall be eligible to become an offeror of goods or services on a project it manages only when a subcontractor fails to perform and upon prior approval by the contracting body. (c) The selection of the construction manager-general contractor shall be based on: 1. Qualifications; and 2. Price, including preconstruction consulting services, overhead, and profit. (d) Prior to the construction phase, the construction manager-general contractor shall competitively bid the subcontracts by public notice and award each subcontract to the lowest responsive and responsible bidder. (e) The final construction cost and completion date for the project shall be established by change order after the construction manager-general contractor enters into all applicable subcontracts. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 105, sec. 11, effective June 24, 2015. -- Created 2003 Ky. Acts ch. 98, sec. 11, effective June 24, 2003.