Nebraska Statutes 37-1728. Submission of proposals; procedure; evaluation of proposals; commission; power to negotiate
(1) Construction managers shall submit proposals as required by the request for proposals.
Terms Used In Nebraska Statutes 37-1728
- Commission: means the Game and Parks Commission. See Nebraska Statutes 37-1705
- Construction manager: means the legal entity which proposes to enter into a construction manager-general contractor contract pursuant to the State Park System Construction Alternatives Act. See Nebraska Statutes 37-1706
- Construction manager-general contractor contract: means a contract which is subject to a qualification-based selection process between the commission and a construction manager to furnish preconstruction services during the design development phase of the project and, if an agreement can be reached which is satisfactory to the commission, construction services for the construction phase of the project. See Nebraska Statutes 37-1707
- Contract: A legal written agreement that becomes binding when signed.
- Preconstruction services: means all nonconstruction-related services that a construction manager performs in relation to the design of the project before execution of a contract for construction services. See Nebraska Statutes 37-1711
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Qualification-based selection process: means a process of selecting a construction manager based on qualifications. See Nebraska Statutes 37-1714
- Request for proposals: means the documentation by which the commission solicits proposals. See Nebraska Statutes 37-1715
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.
(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The commission shall have the right to reject any and all proposals at no cost to the commission. The commission may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.
(4) The commission shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The commission may meet with construction managers prior to the ranking.
(5) The commission may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the commission is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the commission may terminate negotiations with that construction manager. The commission may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the commission is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the commission may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.
(6) If the commission is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the commission may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under the State Park System Construction Alternatives Act.