§ 13-2904. Contracts authorized; governing body; resolution required.
AI-assisted research summary: A political subdivision that follows the Act may use design-build, construction management at risk, or public-private partnership contracts, and its governing body must approve the delivery-system choice by resolution.
(1) Notwithstanding the procedures for public lettings in sections 73-101 to 73-106 or any other statute relating to the letting of bids by a political subdivision, a political subdivision which follows the Political Subdivisions Construction Alternatives Act may do any of the following: (a) Solicit and execute a design-build contract or a construction management at risk contract; and (b) Enter into a public-private partnership contract. (2) A political subdivision may receive, evaluate, and execute any unsolicited proposal from a private party. Such proposal may be initiated by such private party. A public-private partnership contract may be entered into between the private party and political subdivision without complying with the requirements for design-build contracts or construction management at risk contracts under the Political Subdivisions Construction Alternatives Act. (3) The governing body of the political subdivision shall adopt a resolution selecting the design-build contract, construction management at risk contract, or public-private partnership contract delivery system provided under the act prior to proceeding under sections 13-2905 to 13-2914. The resolution shall require the affirmative vote of at least two-thirds of the governing body of the political subdivision. For a project authorized under subsection (3) of section 13-2914, the resolution shall include a statement that the political subdivision has made a determination that the design-build contract, construction management at risk contract, or public-private partnership contract delivery system is in the public interest based, at a minimum, on one of the following criteria: (a) Savings in cost or time or (b) requirement of specialized or complex construction methods suitable for the design-build contract, construction management at risk contract, or public-private partnership contract delivery system. History: Laws 2002, LB 391, § 4; R.S.1943, (2003), § 79-2004; Laws 2008, LB889, § 4; Laws 2021, LB414, § 2; Laws 2026, LB1126, § 43.