AI-assisted research summary: A political subdivision must adopt policies for certain construction contracts and make those policies require specific contract procedures.
The political subdivision shall adopt policies for entering into a design-build contract, construction management at risk contract, or public-private partnership contract. The policies shall require that such contracts include the following: (1) Procedures for selecting and hiring on its behalf a performance-criteria developer when soliciting and executing a design-build contract. The procedures shall be consistent with the Nebraska Consultants' Competitive Negotiation Act and shall provide that the performance-criteria developer (a) is ineligible to be included as a provider of any services in a proposal for the project on which it has acted as performance-criteria developer and (b) is not employed by or does not have a financial or other interest in a design-builder or construction manager who will submit a proposal; (2) Procedures for the preparation and content of requests for proposals; (3) Procedures and standards to be used to prequalify design-builders and construction managers. The procedures and standards shall provide that the political subdivision will evaluate prospective design-builders and construction managers based on the information submitted to the political subdivision in response to a request for letters of interest and will select design-builders or construction managers who are prequalified and consequently eligible to respond to the request for proposals; (4) Procedures for preparing and submitting proposals; (5) Procedures for receiving and evaluating unsolicited proposals from private parties that are outside of the proposal process for design-build contracts and construction management at risk contracts; (6) Procedures for evaluating proposals in accordance with sections 13-2908, 13-2910, and 13-2911; (7) Procedures for negotiations between the political subdivision and the design-builders or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; (8) Procedures for filing and acting on formal protests relating to the solicitation or execution of design-build contracts or construction management at risk contracts; and (9) Procedures for the evaluation of construction under a design-build contract by the performance-criteria developer to determine adherence to the performance criteria. History: Laws 2002, LB 391, § 5; R.S.1943, (2003), § 79-2005; Laws 2008, LB889, § 5; Laws 2026, LB1126, § 44.