(a) Departments may utilize negotiated work for projects when:

1. (1) A project’s programming requires fast tracking;
2. (2) The traditional design-bid-build process is less fiscally advantageous than negotiated work; or
3. (3) Negotiated work is more practical for the project needs.

(b)

1. (1) Prior to utilization of negotiated work, departments shall make a written request and provide justification to the Director of the Building Authority Division for the use of alternative methods pursuant to subsection (a) of this section.
2. (2) The director may approve the request after reviewing the documents submitted.
3. (3) The department shall cooperate with the division if more information is requested.
4. (4) If approved by the director, the department shall then submit the project for review by the Legislative Council.
5. (5) No contract shall be awarded without the approval of the division and council review.