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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| | | Sec. 3. 23 MRSA §753, as amended by PL 2001, c. 689, §1, is | | repealed.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 projects does not | | prevent the department from using design-build contracting in | | extraordinary circumstances including emergency work, unscheduled | | projects or loss of funding. |
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| | | The department retains the authority to terminate the contracting | | process at any time, to reject any proposal, to waive | | technicalities or to advertise for new proposals if the | | department determines that it is in the best interest of the | | State. |
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| | | Sec. 5. 23 MRSA §803, as amended by PL 1971, c. 593, §22, is | | repealed. |
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| | | Sec. 6. 23 MRSA c. 410, sub-c. 4 is enacted to read: |
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| | | As used in this subchapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | 1.__Transportation infrastructure.__"Transportation | | infrastructure" means infrastructure related to all modes of | | transportation, including highways, bridges, railroads, ferries, |
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