39-2817. Selection of construction manager; construction manager-general contractor contract; sections applicable; request for qualifications; prequalification; publication; short list created; single-step process; when authorized.

(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820.

(2) A contracting agency shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the contracting agency will place on a short list as qualified and eligible to receive a request for proposals.

(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.

(4) The contracting agency shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 39-2811. The contracting agency shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the contracting agency may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.

(5) A contracting agency may combine the separate qualification and proposal steps of this section and section 39-2818 into a single-step process if the contracting agency determines that a single-step process is in the contracting agency's best interest. If a single-step process is used, a contracting agency shall consider the qualifications of all proposing construction managers as a part of the request for proposals. Notice of the request for proposals shall be published as provided in subsection (3) of this section. There is no requirement to short list construction managers when using the single-step process. If only one proposal is submitted, the contracting agency may, in its discretion, proceed or cancel the procurement.

Source:Laws 2016, LB960, § 17; Laws 2019, LB583, § 11; Laws 2024, LB1200, § 3.
Operative Date: July 19, 2024