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such land and office space as the department considers necessary | | for the performance of its duties.__As used in this section, | | "transportation infrastructure" means infrastructure related to all | | modes of transportation, including highways, bridges, railroads, | | ferries, mass transit, airports and bicycle and pedestrian | | facilities, as well as all buildings, utilities, facilities and | | other appurtenances related to such modes. |
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| | | The department has full power to purchase all supplies, | | materials and equipment that are incidental to, or necessary for, | | project-specific construction, improvement or maintenance of | | transportation infrastructure.__The purchase of supplies, | | materials and equipment for nonproject-specific purposes must be | | made through the State Purchasing Agent as provided by law. For | | the purposes of this section, unless the context otherwise | | indicates, "project-specific" means relating to a specific | | location for a limited duration, as opposed to perennial, | | nonlocation-specific activities.__The department may be consulted | | by and shall, without charge, advise municipal officers and road | | commissioners on the subject of construction, improvement and | | maintenance of public highways, bridges and other structures. The | | department shall whenever practicable give preference in | | employment to the inhabitants of the town in which such highways | | are located. |
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| | | The department may adopt its own guidelines for determining | | the reasonableness and permissibility of various cost factors, | | including, but not limited to, salary limits, benefits and | | expense reimbursement.__Notwithstanding any other federal or | | state law to the contrary, the department's guidelines must be | | used in lieu of federally mandated provisions. |
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| | | Sec. 3. 23 MRSA §753, as amended by PL 2001, c. 689, §1, is | | repealed. |
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| | | Sec. 4. 23 MRSA §753-A, sub-§2, as enacted by PL 2001, c. 140, §1, is | | amended to read: |
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| | | 2. Authorization. Notwithstanding section 753 | | subchapter 4 or any other provision of law, the department may | | use design-build contracting to deliver projects. The department | | may evaluate and select proposals on either a best-value or low- | | bid basis. If the scope of work requires substantial engineering | | judgment, the quality of which may vary significantly as | | determined by the department, then the basis of award must be | | best value. |
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| | | The department shall identify in its planning process those | | projects it believes are candidates for design-build contracting. | | The failure of the department to identify such |
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