CSHB 160(TRA) am: "An Act relating to the state procurement code; establishing the construction manager general contractor procurement method; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 160(TRA) am 01 "An Act relating to the state procurement code; establishing the construction manager 02 general contractor procurement method; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 36.30.200(c) is amended to read: 05 (c) When the commissioner of transportation and public facilities determines 06 that it is advantageous to the state, a procurement officer may issue a request for 07 proposals requesting the submission of offers to provide 08 (1) construction in accordance with a design provided by the offeror; [. 09 THE] request for proposals issued under this paragraph must require that each 10 proposal submitted contain a single price that includes the design-build; or 11 (2) preconstruction and construction services under a single 12 construction manager general contractor contract awarded under AS 36.30.309. 13 * Sec. 2. AS 36.30.250 is amended by adding a new subsection to read: 14 (c) Notwithstanding (a) of this section, the Department of Transportation and
01 Public Facilities may include factors in addition to price as evaluation factors when 02 awarding a construction manager general contractor contract under AS 36.30.309. 03 * Sec. 3. AS 36.30 is amended by adding a new section to read: 04 Sec. 36.30.309. Preconstruction services; construction manager general 05 contractor contract. (a) The Department of Transportation and Public Facilities may 06 award by competitive sealed proposals a construction manager general contractor 07 contract in which the department awards a two-phase contract for a construction 08 manager to be responsible for providing preconstruction services during the design 09 phase of the project and, if an agreed-on price for constructing the project is reached, 10 general contractor services during the construction phase. The department may award 11 the contractor providing preconstruction services under the contract with the second 12 phase of the contract to provide construction services in accordance with this section 13 and regulations adopted by the commissioner of transportation and public facilities 14 without any further competitive sealed bidding or competitive sealed proposal process. 15 (b) A contractor awarded a construction manager general contractor contract 16 under this section is responsible for providing preconstruction services for the 17 applicable project. Once awarded a construction manager general contractor contract, 18 the contractor may negotiate with the department to provide construction services for 19 the applicable project. If the contractor and the department reach an agreed-on price 20 for the construction services under the second phase of the contract, the department 21 shall award the contractor phase two of the contract to provide construction services. 22 (c) If the contractor providing preconstruction services and the department do 23 not agree on a price for providing construction services, the department may seek an 24 alternative contractor using a process authorized under this chapter. The department 25 may prohibit the contractor providing preconstruction services from participating in 26 the subsequent process. 27 (d) In this section, "department" means the Department of Transportation and 28 Public Facilities. 29 * Sec. 4. AS 36.30.990 is amended by adding a new paragraph to read: 30 (28) "preconstruction services" means information, research, advice, 31 and related tasks regarding the impacts of design on the physical construction of a
01 project; "preconstruction services" does not mean architectural, engineering, or land 02 surveying services. 03 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. The Department of Transportation and Public 06 Facilities may adopt regulations necessary to implement the changes made by this Act. The 07 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 08 effective date of secs. 1 - 4 of this Act. 09 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).