SUMMARY:  LC 33 5334

The bill has two sections.  The first creates a requirement for a competitive sealed bidding process for local boards when contracting for professional services exceeding $50,000 in a 12 month period, but includes an exception that is subject to judicial review.

The second defines a construction manager at risk and requires that local boards selecting such a person in a competitive procurement process require that the guaranteed maximum price provided by that manager not be subject to change after the contract is executed. 

REQUIREMENTS:

Amends 20-2-501: 

Requires that all contracts of a local board for contracts for professional services exceeding $50,000 over a 12 month period be awarded by competitive sealed bidding unless the board by majority vote determines the services to be procured are unique and can only be obtained from a single source.  

That determination is subject to judicial review by filing an appeal in the superior court of the county in which the local board is located.  

Authorizes the State Board to establish regulations and procedures to implement the provisions of this Code section.

Defines "construction manager at risk" as a construction delvery method that allows the owner to

• Hire a construction manager at any time during the project predesign phase where the construction manager works with the architect and engineer to develop and estimate costs for the design and a guaranteed maximum price is provided by the construction manager at risk who then receives proposals and awards contracts to subcontractors OR
• Hire a general contractor after the design phase is completed

Local boards that select a construction manager at risk in a competitive procurement process shall require that the guaranteed maximum price provided by the construction manager at risk shall not be subject to change after the contract between the local baord and the construction manager at risk is executed. 

EFFECTIVE DATE:

July 1, 2014