19-216d.   Criteria for use, alternative projectdelivery.(a) Notwithstanding any other provision of the law to the contrary, the boardof county commissioners is hereby authorized toinstitute an alternative project delivery program whereby constructionmanagement at-risk or building design-build procurement processes may beutilized on public projects pursuant to this act. Thisauthorization for construction management at-risk and building design-buildprocurement shall be for the sole and exclusive use of planning, acquiring,designing, building, equipping, altering, repairing, improving or demolishingany structure or appurtenance thereto, including facilities, utilities orother improvements to any real property, but shall not include highways,roads, bridges, dams or related structures or stand-alone parking lots.

      (b)   The board may only approve those projects or programs forwhich the use of alternative project delivery procurement process isappropriate. In making such determination, the board may consider thefollowing factors:

      (1)   The likelihood that the alternative project delivery method ofprocurement selected will serve the public interest by providing substantialsavings of time or money over the traditional design-bid-build deliveryprocess.

      (2)   The ability to overlap design and construction phases is required to meetthe needs of the end user.

      (3)   The use of an accelerated schedule is required to make repairs resultingfrom an emergency situation.

      (4)   The project presents significant phasing or technical complexities, orboth, requiring the use of an integrated team of designers and constructors tosolve project challenges during the design or preconstruction phase.

      (5)   The use of an alternative project delivery method will not encouragefavoritism in awarding the public contract or substantially diminishcompetition for the public contract.

      (c)   When a request is made for alternative delivery procurement by thecounty, the county shall publish a notice in the official countynewspaper that the board will be holding a public meeting with theopportunity for comment on such request. Notice shall be published at least 15days prior to the hearing.

      (d)   If the board finds that theproject does not qualify for the alternative project delivery methods includedunder this act, then the construction services for such project shall beobtained pursuantto statute or to the procedures permitted by law.

      History:   L. 2008, ch. 148, § 3; July 1.