HB 160: "An Act relating to the state procurement code; establishing the construction manager general contractor procurement method; and providing for an effective date."
00 HOUSE BILL NO. 160 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 [. THE] request for proposals must require that each proposal submitted contain a 10 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 exclude price as an evaluation factor when awarding a 02 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 a construction manager general contractor contract in which the department 07 awards a two-phase contract for a construction manager responsible for providing 08 preconstruction services during the design phase of the project and, if an agreed price 09 for constructing the project is reached, general contractor services during the 10 construction phase through the competitive sealed proposal process. The department 11 shall award the contractor providing preconstruction services with a contract to 12 provide construction services without any further competitive sealed bidding or 13 competitive sealed proposal process in accordance with this section and regulations 14 adopted by the commissioner of transportation and public facilities. 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 has the right to negotiate with the Department of Transportation and 19 Public Facilities to provide construction services for the applicable project. If the 20 contractor and the department reach an agreed upon price for the construction project, 21 the department shall award the contractor the contract to provide construction services. 22 (c) If the contractor providing preconstruction services and the Department of 23 Transportation and Public Facilities do not agree on a price for providing construction 24 services, the department may seek an alternative contractor using a process authorized 25 under this chapter. The department may prohibit the contractor providing 26 preconstruction services from participating in this subsequent process. 27 * Sec. 4. AS 36.30.990 is amended by adding a new paragraph to read: 28 (28) "preconstruction services" means information, research, advice, 29 and related tasks regarding the impacts of design on the physical construction of a 30 project; "preconstruction services" does not include architectural, engineering, or land 31 surveying services.
01 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The Department of Transportation and Public 04 Facilities may adopt regulations necessary to implement the changes made by this Act. The 05 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 06 effective date of this Act. 07 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).