(1) Each proposal shall be evaluated using the criteria described in the request for proposals, which may include:

1. (a) experience;
2. (b) performance ratings;
3. (c) inspection;
4. (d) testing;
5. (e) quality;
6. (f) workmanship;
7. (g) time, manner, or schedule of delivery;
8. (h) references;
9. (i) financial stability;
10. (j) suitability for a particular purpose;
11. (k) management plans;
12. (l) cost; or
13. (m) other subjective or objective criteria specified in the request for proposals.

(3) The issuing procurement unit shall:

1. (a) appoint an evaluation committee consisting of at least three individuals; and

2. (b) ensure that the evaluation committee and each member of the evaluation committee:

   1. (i) does not have a conflict of interest with any of the offerors;
   2. (ii) can fairly evaluate each proposal;
   3. (iii) does not contact or communicate with an offeror for any reason other than conducting the standard procurement process; and
   4. (iv) conducts the evaluation in a manner that ensures a fair and competitive process and avoids the appearance of impropriety.

(6)

1. (a) As used in this Subsection (6), "management fee" includes only the following fees of the construction manager/general contractor:

   1. (i) preconstruction phase services;
   2. (ii) monthly supervision fees for the construction phase; and
   3. (iii) overhead and profit for the construction phase.

2. (b) When selecting a construction manager/general contractor for a construction project, the evaluation committee:

   1. (i) may, at any time after the opening of the responses to the request for proposals, have access to, and consider, the management fee proposed by the offerors; and
   2. (ii) except as provided in Subsection (7), may not know or have access to any other information relating to the cost of construction submitted by the offerors, until after the evaluation committee submits its final recommended scores on all other criteria to the issuing procurement unit.

(7) An issuing procurement unit is not required to comply with Subsection (5) if, before opening the responses to the request for proposals, the head of the issuing procurement unit or a person designated by rule made by the applicable rulemaking authority:

1. (a) signs a written statement:

   1. (i) indicating that, due to the nature of the proposal or other circumstances, it is in the best interest of the procurement unit to waive compliance with Subsection (5); and
   2. (ii) describing the nature of the proposal and the other circumstances relied upon to waive compliance with Subsection (5); and
2. (b) makes the written statement available to the public, upon request.