13-2904.

Contracts authorized; governing body; resolution required.

(1) Notwithstanding the procedures for public lettings in sections 73-101 to 73-106 or any other statute relating to the letting of bids by a political subdivision, a political subdivision which follows the Political Subdivisions Construction Alternatives Act may do any of the following:

(a) Solicit and execute a design-build contract or a construction management at risk contract; and

(b) Enter into a public-private partnership contract.

(2) A political subdivision may receive, evaluate, and execute any unsolicited proposal from a private party. Such proposal may be initiated by such private party. A public-private partnership contract may be entered into between the private party and political subdivision without complying with the requirements for design-build contracts or construction management at risk contracts under the Political Subdivisions Construction Alternatives Act.

(3) The governing body of the political subdivision shall adopt a resolution selecting the design-build contract, construction management at risk contract, or public-private partnership contract delivery system provided under the act prior to proceeding under sections 13-2905 to 13-2914. The resolution shall require the affirmative vote of at least two-thirds of the governing body of the political subdivision. For a project authorized under subsection (3) of section 13-2914, the resolution shall include a statement that the political subdivision has made a determination that the design-build contract, construction management at risk contract, or public-private partnership contract delivery system is in the public interest based, at a minimum, on one of the following criteria: (a) Savings in cost or time or (b) requirement of specialized or complex construction methods suitable for the design-build contract, construction management at risk contract, or public-private partnership contract delivery system.