| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §1743, as amended by PL 1989, c. 596, Pt. N, §3, is | repealed and the following enacted in its place: |
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| | 1.__Competitive bids.__A contract for any public improvement | that the State or any of its agencies hold in fee involving a | total cost in excess of $100,000, except contracts for | professional, architectural and engineering services, may be | awarded by the Department of Administrative and Financial | Services through the Bureau of General Services, under a system | of competitive bidding in accordance with chapters 141 to 155 and | other conditions and restrictions the Governor may prescribe. |
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| | 2.__Methods of construction.__A public improvement under | subsection 1 may be undertaken using the design-build, | construction-manager-at-risk or construction-manager-advisor | method of construction or the services of an owner's | representative. |
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| A.__The design-build method must generally follow those | guidelines developed by a national architects, general | contractors or design-build organization or a combined or | modified version of those entities, with the final design- | build procedures and documents to be determined at the sole | discretion of the Bureau of General Services.__The Bureau of | General Services is permitted to prequalify design-build | teams using criteria that must include at a minimum those | set forth in section 1747 but may also include criteria | considered appropriate by the Director of General Services, | in the director's sole discretion.__The Director of General | Services shall adopt policies and procedures to implement | this paragraph.__Such policies and procedures may include | payment of a stipend to any design-build team that has been | qualified to submit and does submit a proposal. |
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| B.__The construction-manager-at-risk method must generally | follow the concepts set forth in a standard form of | agreement between an owner and a construction manager when | the construction manager is also the constructor as | established by national architects or general contractor | organizations, with the final documents to be determined at | the sole discretion of the Director of General Services. |
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| C.__The construction-manager-advisor method, sometimes | referred to as the "agent-construction-manager method," must | generally follow the standard scope of services employed by | the Bureau of General Services. |
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