§ 161.3208 — Construction Manager/general Contractor; Authority
Plain-Language Summary
The Commissioner of Transportation has the authority to use the Construction Manager/General Contractor (CMGC) method for highway projects instead of the traditional competitive bidding process. No more than three CMGC contracts may be awarded in any calendar year. The commissioner must notify legislative committees whenever this procurement method is chosen and explain the reason.
161.3208 CONSTRUCTION MANAGER/GENERAL CONTRACTOR; AUTHORITY.
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Subdivision 1.Selection authority; limitation.
Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may select a construction manager/general contractor as provided in section 161.3209, and award a construction manager/general contractor contract. The number of awarded contracts shall not exceed three in any calendar year. §
Subd. 2.Determination.
Final determination to use a construction manager/general contractor contracting procedure may be made only by the commissioner. §
Subd. 3.Cancellation.
The solicitation of construction manager/general contractor requests for qualifications or proposals does not obligate the commissioner to enter into a construction manager/general contractor contract. The commissioner may accept or reject any or all responses received as a result of the request. The solicitation of proposals may be canceled at any time at the commissioner’s sole discretion if cancellation is considered to be in the state’s best interest. If the commissioner rejects all responses or cancels the solicitation for proposals, the commissioner may resolicit a request for proposals using the same or different requirements. §
Subd. 4.Reporting.
The commissioner shall notify the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the construction manager/general contractor method of procurement and explain why that method was chosen.
History:
2012 c 287 art 3 s 3; 1Sp2021 c 5 art 4 s 22,121
**NOTE: **This section, as added by Laws 2012, chapter 287, article 3, section 3, expires one year following the acceptance of 20 construction manager/general contractor contracts. Laws 2012, chapter 287, article 3, section 3, the effective date, as amended by Laws 2021, First Special Session chapter 5, article 4, section 121.
History: History: 2012 c 287 art 3 s 3; 1Sp2021 c 5 art 4 s 22,121