75-37,143. Same; state building advisory commission authorized to institute alternative project delivery program; acquisition of information from potential contractors; determination of project appropriateness; notices and public hearing regarding program request; rules and regulations. (a) Notwithstanding any other provision of the law to the contrary, the state building advisory commission is hereby authorized to institute an alternative project delivery program whereby construction management at-risk or building design-build procurement processes may be utilized on state agency public projects pursuant to this act. This authorization for construction management at-risk and building design-build procurement shall be for the sole and exclusive use of planning, acquiring, designing, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities, or other improvements to any real property, but shall not include highways, roads, bridges, dams, turnpikes or related structures, or stand-alone parking lots.
(b) To assist in the procurement of alternative project delivery construction services as defined under this act, the secretary of administration shall encourage firms engaged in the performance of construction services to submit annually to the secretary of administration and to the state building advisory commission a statement of qualifications and performance data. Each statement shall include data relating to the following:
(1) The firm's capacity and experience, including experience on similar or related projects;
(2) the capabilities and other qualifications of the firm's personnel; and
(3) such other information related to qualifications and capability of the firm to perform construction services for projects as may be described by the secretary of administration.
(c) The state building advisory commission shall approve those projects for which the use of alternative project delivery procurement process is appropriate. In making such determination, the commission shall consider the following factors:
(1) The likelihood that the alternative project delivery method of procurement selected will serve the public interest by providing substantial savings of time or money over the traditional design-bid-build delivery process.
(2) The ability to overlap design and construction phases is required to meet the needs of the end user.
(3) The use of an accelerated schedule is required to make repairs resulting from an emergency situation.
(4) The project presents significant phasing or technical complexities, or both, requiring the use of an integrated team of designers and constructors to solve project challenges during the design or preconstruction phase.
(5) The use of an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition for the public contract.
(d) When a request is made for alternative delivery procurement by an agency, the director shall publish a notice in the Kansas register and notify all active general contractor industry associations in the state that the state building advisory commission will be holding a public hearing with the opportunity for comment on such request. Notice shall be published and notifications shall be made at least 15 days prior to the hearing.
(e) Notwithstanding the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto, if the state building advisory commission finds that the project does not qualify for the alternative project delivery methods included under this act, then the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services shall be awarded to the lowest responsible bidder in accordance with procurement procedures determined and administered by the division of facilities management which shall be consistent with the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(f) The secretary of administration may adopt regulations pursuant to K.S.A. 75-3783, and amendments thereto, for the conduct of the alternative project delivery process.
(g) When it is necessary in the judgment of the agency to obtain project services for a particular project as described under this act, the director shall publish a notice of the request for qualifications and proposals for the required project services at least 15 days prior to the commencement of such request in the Kansas register in accordance with K.S.A. 75-430a, and amendments thereto, notify all active general contractor industry associations in the state of such request at the same time of the notice and publish in such other appropriate manner as may be determined by the agency.
History: L. 2006, ch. 80, § 3; L. 2015, ch. 11, § 2; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 37 - Department Of Administration
75-3702c Employees; appointment by secretary; classified civil service; exception.
75-3702e Same; transfer of employees; rights preserved.
75-3702f Same; transfer of property and records.
75-3702g Same; governor to resolve conflicts.
75-3702i Severability of 1972 department of administration act.
75-3702j Organization of department; delegation of powers and duties.
75-3702l Transfer of real property of Kansas, Inc.
75-3702m Transfer of records of Kansas, Inc.
75-3702n Transfer of funds of Kansas, Inc.
75-3702o Resolution of conflicts in transfers from Kansas, Inc.
75-3703 Secretary to have custody of records; seal; copies of records.
75-3705a Attorneys for department; appointment; unclassified; chief attorney.
75-3706 Rules and regulations; procedure for adoption and approval.
75-3707 Functions of department in general.
75-3708 Membership of state finance council; chairperson; secretary.
75-3713 Same; authorization of expenditures; purposes.
75-3714 Same; minutes; public inspection.
75-3714a Director of the budget; creation and administration of the division of the budget.
75-3715 Powers and duties of the director of the budget.
75-3715a Fiscal notes for certain legislative bills.
75-3716 Budget preparation; forms; information.
75-3717 Budget estimates of state agencies; biennial basis for certain agencies.
75-3720 Governor's budget report; printing; availability to public.
75-3722 Application of allotment system; notice; appeal to finance council.
75-3723 Same; annual, semiannual, quarterly or monthly statements of funds available.
75-3724 Same; allotment estimates.
75-3725 Allotment plans and information to be available to director of accounts and reports.
75-3725a Certificates of indebtedness; procedure and conditions for issuance; redemption.
75-3726a Transfer of items of appropriation.
75-3726b Transfer of certain items of appropriation; attorney general.
75-3728 Accounting system; records and forms.
75-3728a Write-off of accounts receivable and taxes receivable by state agencies; definitions.
75-3728c Write-off of accounts and taxes receivable by state agencies; rules and regulations.
75-3728d Same; act governs write-offs after July 1, 1974; exception.
75-3728e Canteens, work therapy projects and benefit funds at state institutions; definitions.
75-3728g Same; budget of institution; profits, disposition.
75-3728j Receivables accounting system; records and forms.
75-3729 Property of state; inventory records; periodic verification.
75-3730 Obligations; how incurred and paid.
75-3731a Official hospitality; limitations on expenditures by executive branch agencies.
75-3732 Payment of claims, procedure.
75-3734 Federal funds received by state agencies.
75-3735 Fiscal reporting and statistics.
75-3736 Reports by state and county agencies.
75-3737a Director of purchases; creation and administration of the division of purchases.
75-3737b Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3738 Powers and duties of the director of purchases.
75-3739a Reverse auctioning electronic procurement process.
75-3740a State and local government contracts; bidders domiciled in other states.
75-3740b Purchase of recycled paper; requirements; price preference.
75-3740c Procurement practices, recycled products.
75-3740e Boycott of Israel; state contracts; definitions.
75-3740f Same; certifications; waivers.
75-3740g Same; statement of purpose.
75-3741a Same; change orders, negotiation or bidding.
75-3741b Same; negotiation for projects of $10,000 or less; reports.
75-3742 Same; assistance in preparing written program statements.
75-3743 Attorney general to approve certain contracts; requisition forms.
75-3744 Execution and approval of contracts.
75-3744a Requirements for purchase of motor-vehicle fuels by state agencies.
75-3745d Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3745e Same; rights saved in legal actions and proceedings.
75-3745h Same; accrued compensation or salaries; liability.
75-3746 Director of personnel services; powers and duties.
75-3749 State department of civil service; transfer of powers and duties of.
75-3762 Custody and care of certain state-owned buildings and grounds.
75-3764 Cleaning, repair, alteration and beautification of buildings.
75-3766 State office building space rental.
75-3768 Disposition of parking rental charges.
75-3773 Utility services for state buildings under management of secretary of administration.
75-3777 Same; transfer of officers and employees; rights preserved.
75-3778 Same; governor to resolve conflicts; transfer of property and records.
75-3779 Same; preservation of civil rights of action and proceedings; criminal actions preserved.
75-3781 Same; compensation and expenses.
75-3782 Same; meetings; quorum.
75-3784 Same; ancillary technical services; contracts; exemption from certain statutes.
75-3785 Construction defects recovery fund; authorized expenditures, approval.
75-3789 Penalties for violations of act.
75-3790 Sale of certain lands, salt deposits and interests therein.
75-3791 Same; duties of executive director; appraisal; bids.
75-3792 Same; abstract of title; deed.
75-3793 Same; deeds and contracts, duties of director, secretary of state and attorney general.
75-3794 Same; payment of expenses of sale.
75-3799 Financial services for state agencies; procedures for acquisition; negotiating committee.
75-37,101 Certificate of participation financing; purpose; authorization and approval.
75-37,103 Debarment of state contractors.
75-37,104 Prequalification of state contractors.
75-37,112 Financing agreements, contents; payments; prior consultation and approval of projects.
75-37,114 Approval of improvements under act; limitation.
75-37,117 Purpose and administration of program.
75-37,119 Loan agreements; terms; forms; considerations; collection procedures.
75-37,124 Topeka state hospital cemetery memorial; establishment; gifts; fund.
75-37,125 Energy conservation measure, financing; prior approval of plans and projects; definitions.
75-37,128 Energy audits for state-owned real property and leased real property; exception.
75-37,129 Energy conservation measures; promotion of program by state corporation commission.
75-37,130 Professional services sunshine act; citation.
75-37,132 Same; contract negotiation requirements; exceptions.
75-37,133 Same; expenditure of grant funds.
75-37,134 Same; use of federal funds.
75-37,141 Alternative project delivery building construction procurement act; citation.
75-37,144 Same; construction management at-risk project delivery procedures.
75-37,145 Same; building design-build project delivery procedures.
75-37,146 Same; recordation and publication of bidder information.
75-37,147 Same; act not applicable to certain projects.
75-37,151 Transfer of real estate to the state; requirements.
75-37,153 Audits of state agencies.
75-37,154 Department of administration contract audit committee; membership.
75-37,155 Audits; procurement of firm or firms to perform audit work.
75-37,156 Same; selection of firm or firms; considerations.
75-37,157 Same; contracts for audit work; requirements; responsibilities of selected firm.
75-37,158 Same; performance of firm; written audit reports; duty of confidentiality.
75-37,161 Monumental building surcharge; exemption; division of post audit.