1. A. The Construction and Properties Division of the Office of Management and Enterprise Services shall approve state agency selection of, and award contracts to, construction managers and design consultants pursuant to the provisions of Section 62 of this title.
2. B. The negotiation of construction manager and design consultant contracts and fees shall be performed by the Division.
3. C. The Division shall award and administer construction contracts for state agencies pursuant to the provisions of the Public Competitive Bidding Act of 1974.

4. D.

   1. 1. When all bids for a public construction contract exceed an agency's estimate and available funding, the State Construction Administrator may enter into negotiations with the lowest responsible bidder for the purpose of modifying the project scope and reducing the construction cost, provided that:

      1. a. the unexpected higher construction costs resulted from unforeseen economic conditions or otherwise sudden price volatility in the construction industry,
      2. b. the project was appropriately planned, and cost estimates were developed using standards of care acceptable to the Division, and
      3. c. further delay caused by redesigning and rebidding the project would jeopardize the using agency's mission or result in the loss of a planned funding source.
   2. 2. To request consideration for negotiations pursuant to this subsection, the using agency, within ten (10) days of the bid opening date, shall make a written request to the Director of the Office of Management and Enterprise Services to enter into negotiations pursuant to paragraph 1 of this subsection. If approved by the Director, the State Construction Administrator shall consult with the using agency, consultant and low bidder on methods to reduce the project scope or other cost-saving measures.
   3. 3. If a suitable revised scope and contract amount is agreed upon by the using agency, low bidder and State Construction Administrator, the Division may award the public construction contract to the low bidder.
   4. 4. The State Construction Administrator shall negotiate a fair and reasonable fee with the project's consultant, if applicable, to make any necessary revisions to the contract documents. The cost of this additional consulting work shall be paid from the agency's available funds.
   5. 5. Approval and final award of the contract for the construction negotiated pursuant to this subsection shall occur no later than one hundred twenty (120) days from the opening bid.

Laws 1983, SB 305, c. 304, § 176, eff. January 1, 1984; Amended by Laws 2000, SB 1172, c. 363, § 19, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2006, SB 558, c. 271, § 30, emerg. eff. July 1, 2006 (superseded document available); Amended by Laws 2012, HB 3079, c. 304, § 324 (superseded document available).