| | | 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 N, §3, is | | repealed and the following enacted in its place: |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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