1. (1) The following project delivery methods are authorized for procurements relating to infrastructure facilities:

   1. (a) design-bid-build;
   2. (b) construction management at-risk;
   3. (c) operations and maintenance;
   4. (d) design-build;
   5. (e) design-build-operate-maintain; and
   6. (f) design-build-finance-operate-maintain.

2. (2) In addition to those methods identified in item (1), the board, by regulation, and the State Engineer, in accordance with Section 11-35-3010, may:

   1. (a) approve as an alternate project delivery method any combination of design, construction, finance, and services for operations and maintenance of an infrastructure facility; and
   2. (b) allow or require the governmental body to follow any of the additional procedures established by Section 11-35-3024.
3. (3) Participation in a report or study that is later used in the preparation of design requirements for a project does not disqualify a firm from participating as a member of a proposing team in a construction management at-risk, design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation provides the business with a substantial competitive advantage. In the Manual for Planning and Execution of State Permanent Improvements, the State Engineer may establish guidance for the application of this item by governmental bodies.

HISTORY: 2008 Act No. 174, Section 2.