A. All items of construction or reconstruction of department facilities involving an expenditure of $189,000 or more shall be called for by advertising in a newspaper of general circulation published in this state for either:

1. 1. Two consecutive publications if it is a weekly newspaper.
2. 2. Two publications at least six but not more than ten days apart if it is a daily newspaper.

D. The bidding information provided shall state specifically the character of the work to be performed and the kind, quantity and quality of materials or supplies to be furnished. The plans and specifications:

1. 1. Shall be sufficiently complete, definite and explicit to allow informed, free, open and competitive bidding on a common basis.
2. 2. May require performance on the basis of either means and methods specifications or end result specifications.
3. 3. If end result specifications are used, shall provide an objective or standard to be achieved with the successful bidder expected to exercise the bidder's skill and ingenuity in achieving that objective or standard of performance by selecting the means and manner of performance and by assuming a corresponding responsibility for that selection.

L. This section does not prohibit a change to a construction contract that either:

1. 1. Does not alter the scope of the work under a contract and the cost of the change does not exceed ten percent of the contract amount or $50,000, whichever is greater.
2. 2. Does alter the scope of the work if the cost of the change does not exceed ten percent of the contract amount or $50,000, whichever is greater, and the changed work is within twenty percent of the total project length.

M. If a project is funded completely with private monies, the private entity is not required to comply with subsections A through L of this section if the private entity complies with all of the following:

1. 1. Before advertising for bids, submits to the department a bond that is issued by a surety insurer authorized to do business in this state and that is in an amount equal to one hundred twenty-five percent of the anticipated construction cost of the project, including construction management and contractor costs.
2. 2. Solicits sealed bids from at least four contractors who are prequalified by the department to perform a contract of the anticipated dollar amount of the construction.
3. 3. Awards the contract to the best bidder taking into account price and other criteria as provided in the bid documents.
4. 4. Obtains bonds from the selected contractor that provide the same coverage as performance and payment bonds issued under title 34, chapter 2, article 2.
5. 5. Uses department construction standards.
6. 6. Pays all costs of department reviews of the contract and inspections of the project.

N. For the purposes of this section, a project is funded completely with private monies if all of the following apply:

1. 1. The contractor is paid entirely with monies from private entities.
2. 2. The private entities hire a competent construction manager and contractor who do not have an affiliation with each other.
3. 3. The private entities either pay all costs of design or reimburse the department for all costs of design.