House Bill No. 7010
September Special Session, Public Act No. 20-8
AN ACT CONCERNING TH E AUTHORIZATION OF S TATE GRANT
COMMITMENTS FOR SCHO OL BUILDING PROJECTS , THE
RECOGNITION OF GOODW IN UNIVERSITY AS A L OCAL
EDUCATION AGENCY FOR PURPOSES OF FEDERAL LAW,
CERTAIN EXCLUSIONS T O THE CALCULATION OF A SCHOOL
DISTRICT'S MINIMUM BUDGET REQUIREMENT, A ND DELAYING
CERTAIN REVISIONS TO THE LAW REGARDING T HE PROVISION
OF CONSTRUCTION MANA GEMENT SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) The Commissioner of Administrative
Services, having reviewed applications for state grants for public school
building projects in accordance with section 10-283 of the general
statutes on the basis of priorities for such projects and standards for
school construction established by the State Board of Education, and
having prepared a listing of all such eligible projects ranked in order of
priority, as determined by said commissioner together with the amount
of the estimated grant with respect to each eligible project, and having
submitted such listing of eligible projects, prior to December 15, 2019, to
a committee of the General Assembly established under section 10-283a
of the general statutes for the purpose of reviewing such listing, is
hereby authorized to enter into grant commitments on behalf of the state
in accordance with said section 10-283 with respect to the priority listing
of such projects and in such estimated amounts as approved by said House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 2 of 17
committee prior to February 1, 2020, as follows:
(1) Estimated Grant Commitments:
School District Estimated Estimated
School Project Costs Grant
Project Number
BROOKFIELD
New Elementary School
20DASY018056N0620 $78,141,446 $16,745,712
DARIEN
Ox Ridge Elementary School
20DASY035117N0620 $63,000,000 $6,747,300
MANSFIELD
New Mansfield Elementary School
20DASY078068N0620 $50,512,000 $33,014,643
NEW BRITAIN
Chamberlain Elementary School
20DASY089169RNV0620 $50,000,000 $39,820,000
NEW FAIRFIELD
New Fairfield High School
20DASY091044N0620 $84,220,000 $23,766,884
NEW FAIRFIELD
Consolidated Early Learning Academy
20DASY091045EA0620 $29,190,000 $11,156,418
FAIRFIELD
Mill Hill Elementary School
20DASY051149EA0620 $22,000,600 $5,735,556
HAMDEN
Hamden Middle School
20DASY062099EA0620 $11,223,900 $7,496,443 House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 3 of 17
MANCHESTER
Bowers Elementary School
20DASY077239RNV0620 $32,800,000 $21,789,040
MANCHESTER
Buckley Elementary School
20DASY077240RNV0620 $29,400,000 $19,530,420
NORWALK
Jefferson Elementary School
20DASY103251RNV0620 $33,355,000 $10,840,375
WINCHESTER
Mary P. Hinsdale School
20DASY162043RNV0620 $17,425,000 $12,509,408
Sec. 2. (Effective from passage) Notwithstanding the provisions of
section 10-285a of the general statutes, or any regulation adopted by the
State Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of New Britain may use the
reimbursement rate of ninety-five per cent for the renovation project at
Chamberlain Elementary School (Project Number
20DASY089169RNV0620), provided the school district for the town of
New Britain is an educational reform district, as defined in section 10-
262u of the general statutes, on the effective date of this section.
Sec. 3. (Effective from passage) Notwithstanding the provisions of
section 10-285a of the general statutes, or any regulation adopted by the
State Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of New Britain may use the House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 4 of 17
reimbursement rate of ninety-five per cent for the roof replacement
project at Pulaski Middle School, provided the school district for the
town of New Britain is an educational reform district, as defined in
section 10-262u of the general statutes, on the effective date of this
section.
Sec. 4. (Effective from passage) Notwithstanding the provisions of
section 10-285a of the general statutes, or any regulation adopted by the
State Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of New Britain may use the
reimbursement rate of ninety-five per cent for the roof replacement
project at Slade Middle School, provided the school district for the town
of New Britain is an educational reform district, as defined in section 10-
262u of the general statutes, on the effective date of this section.
Sec. 5. (Effective from passage) (a) Notwithstanding the provisions of
section 10-283 of the general statutes or any regulation adopted by the
State Board of Education or the Department of Administrative Services
pursuant to said section 10-283 requiring a completed grant application
be submitted prior to June 30, 2019, the new construction project at
Norwalk High School in the town of Norwalk with costs not to exceed
one hundred eighty-nine million dollars shall be included in
subdivision (1) of section 1 of this act and shall subsequently be
considered for a grant commitment from the state, provided the town of
Norwalk files an application for such school building project prior to
December 31, 2020, and meets all other provisions of chapter 173 of the
general statutes or any regulation adopted by the State Board of
Education or the Department of Administrative Services pursuant to
said chapter 173 and is eligible for grant assistance pursuant to said
chapter 173.
(b) Except as otherwise provided in subsections (c) and (d) of this House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 5 of 17
section, notwithstanding the provisions of section 10-285a of the general
statutes or any regulation adopted by the State Board of Education or
the Department of Administrative Services pursuant to said section 10-
285a concerning the reimbursement percentage that a local board of
education may be eligible to receive for a school building project, the
town of Norwalk may use the reimbursement rate of eighty per cent for
the new construction project at Norwalk High School, provided the local
board of education for the town of Norwalk (1) establishes a pathways
in technology early college high school program at the new Norwalk
High School and such program enrolls students from surrounding
towns with priority given to students from Stamford and Bridgeport,
and (2) does not restrict students who are not enrolled in an arts
pathways program offered at Norwalk High School from joining or
otherwise participating in any arts or music program offered as part of
the regular school curriculum or any extracurricular arts or music-
related program.
(c) (1) Notwithstanding the provisions of section 10-285a of the
general statutes or any regulation adopted by the State Board of
Education or the Department of Administrative Services pursuant to
said section 10-285a concerning the reimbursement percentage that a
local board of education may be eligible to receive for a school building
project, the town of Norwalk may use the reimbursement rate of fifty
per cent for the construction of a natatorium as part of the new
construction project at Norwalk High School.
(2) Notwithstanding the provisions of subdivision (3) of subsection
(a) of section 10-286 of the general statutes or any regulation adopted by
the State Board of Education or the Department of Administrative
Services limiting reimbursement to one-half of the eligible percentage of
the net eligible cost of construction to a town for construction, the town
of Norwalk shall receive full reimbursement of the reimbursement
percentage described in subdivision (1) of this subsection of the net House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 6 of 17
eligible cost of the new construction project at Norwalk High School.
(d) Notwithstanding the provisions of section 10-285a of the general
statutes or any regulation adopted by the State Board of Education or
the Department of Administrative Services pursuant to said section 10-
285a concerning the reimbursement percentage that a local board of
education may be eligible to receive for a school building project, the
town of Norwalk may use the reimbursement rate of fifty per cent for
site acquisition costs associated with the purchase of any parcels of land
adjacent to the site of the new construction project at Norwalk High
School.
Sec. 6. (Effective from passage) (a) Notwithstanding the provisions of
section 10-283 of the general statutes or any regulation adopted by the
State Board of Education or the Department of Administrative Services
pursuant to said section 10-283 requiring a completed grant application
be submitted prior to June 30, 2019, a high school project in the town of
Danbury, approved under the pilot program described in subsection (c)
of this section, with costs not to exceed ninety-three million dollars shall
be included in subdivision (1) of section 1 of this act and shall
subsequently be considered for a grant commitment from the state,
provided the town of Danbury files an application for such project prior
to October 1, 2021, and meets all other provisions of chapter 173 of the
general statutes or any regulation adopted by the State Board of
Education or the Department of Administrative Services pursuant to
said chapter 173 and is eligible for grant assistance pursuant to said
chapter 173.
(b) Notwithstanding the provisions of section 10-285a of the general
statutes, subdivision (10) of subsection (a) of section 10-286 of the
general statutes or any regulation adopted by the State Board of
Education or the Department of Administrative Services pursuant to
said sections 10-285a and 10-286 concerning the reimbursement
percentage that a local board of education may be eligible to receive for House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 7 of 17
a school building project and the computation of the reimbursement
percentage for a grant for a project involving a purchase for a facility to
be used as a high school, the town of Danbury may use the
reimbursement rate of eighty per cent for a project approved pursuant
to subsection (a) of this section.
(c) Notwithstanding any provision of chapter 173 of the general
statutes or any regulation pursuant to said chapter, the Department of
Administrative Services, Office of School Construction Grants and
Review, shall establish a pilot program that approves the use of
commercial space to be renovated as new for a project authorized
pursuant to subsection (a) of this section.
(d) Notwithstanding section 10-287 of the general statutes any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-287, the design-
build renovate as new method may be used for converting commercial
space into a school under the pilot program in accordance with this
section, and the provisions of said section 10-287 related to bidding all
orders and contracts for school building construction shall not apply to
such project.
(e) Representatives of the Danbury school district shall consult with
the Department of Administrative Services, Office of School
Construction Grants and Review, prior to executing a design-build
construction contract under this section, and such office shall provide
such school district with all code checklists and review materials which
the district shall use as a basis for obtaining plan approval by local
officials having jurisdiction over such matters. Each design phase of
projects under this pilot program shall be reviewed and approved for
compliance with all applicable codes by local authorities having
jurisdiction over such codes. It shall be the responsibility of such school
district to ensure compliance with all applicable codes. House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 8 of 17
Sec. 7. (Effective from passage) Notwithstanding the provisions of
sections 10-285a and 10-287i of the general statutes or any regulation
adopted by the State Board of Education or the Department of
Administrative Services pursuant to said sections 10-285a and 10-287i,
concerning the reimbursement percentage or payments that a local
board of education may be eligible to receive for a school building
project, the town of Tolland may use the reimbursement rate of one-
hundred per cent for the code violation project at Birch Grove Primary
School (Project Number 142-0085).
Sec. 8. (NEW) (Effective from passage) (a) All state laws and regulations
applicable to the operation of public schools, including provisions for
eligibility for state aid and grants, shall apply to any interdistrict magnet
school operator that is (1) the board of governors for an independent
institution of higher education, as defined in subsection (a) of section
10a-173 of the general statutes, or the equivalent of such a board, on
behalf of the independent institution of higher education, or (2) any
other third-party not-for-profit corporation approved by the
commissioner. Such interdistrict magnet operators shall receive, in
accordance with federal law and regulations, any federal funds
available for the education of any pupils attending public schools.
(b) Any interdistrict magnet school operator that is (1) the board of
governors for an independent institution of higher education, as defined
in subsection (a) of section 10a-173 of the general statutes, or the
equivalent of such a board, on behalf of the independent institution of
higher education, or (2) any other third-party not-for-profit corporation
approved by the commissioner, shall to the extent authorized under
federal law be recognized as and considered a local educational agency,
as defined in 20 USC 7801, as amended from time to time, for purposes
of title 10 of the general statutes and federal law.
Sec. 9. Section 10-262j of the 2020 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 9 of 17
passage):
(a) Except as otherwise provided under the provisions of subsections
(c) to [(g)] (h), inclusive, of this section, for the fiscal year ending June
30, 2020, the budgeted appropriation for education shall be not less than
the budgeted appropriation for education for the fiscal year ending June
30, 2019, plus any aid increase described in subsection (d) of section 10-
262i, except that a town may reduce its budgeted appropriation for
education for the fiscal year ending June 30, 2020, by one or more of the
following:
(1) If a town experiences an aid reduction, as described in subsection
(d) of section 10-262i, such town may reduce its budgeted appropriation
for education in an amount equal to the aid reduction;
(2) If a district experiences a net reduction in its resident student
count during a period that may include any of the five fiscal years
immediately prior to the fiscal year for which the budgeted
appropriation for education is calculated, such district may reduce its
budgeted appropriation for education in an amount equal to the
number of such net reduction multiplied by fifty per cent of the net
current expenditures per resident student of such district, provided no
district may use the resident student count for any fiscal year that was
previously used to reduce its budgeted appropriation for education in
any calculation of a net reduction of resident students for purposes of
reducing its budgeted appropriation for education pursuant to this
subdivision for any subsequent fiscal year;
(3) Any district (A) that does not maintain a high school and pays
tuition to another school district pursuant to section 10-33 for resident
students to attend high school in another district, and (B) in which the
number of resident students attending high school for such district for
October 1, 2018, using the data of record as of January 31, 2019, is lower
than such district's number of resident students attending high school House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 10 of 17
for October 1, 2017, using the data of record as of January 31, 2019, may
reduce such district's budgeted appropriation for education by the
difference in the number of resident students attending high school for
such years multiplied by the amount of tuition paid per student
pursuant to section 10-33; or
(4) Any district that realizes new and documentable savings through
(A) increased district efficiencies approved by the Commissioner of
Education, including, but not limited to, (i) reductions in costs
associated with transportation services, school district administration or
contracts that are not the result of collective bargaining or other labor
agreements, (ii) an agreement to provide medical or health care benefits
pursuant to section 7-464b, (iii) a cooperative agreement relating to the
performance of administrative and central office functions, such as
business manager functions, for the municipality and the school district
pursuant to section 10-241b, (iv) reductions in costs associated with the
purchasing or joint purchasing of property insurance, casualty
insurance and workers' compensation insurance, following the
consultation with the legislative body of the municipality of such district
pursuant to section 10-241c, (v) reductions in costs associated with the
purchasing of payroll processing or accounts payable software systems,
following the consultation with the legislative body of the municipality
of such district to determine whether such systems may be purchased
or shared on a regional basis pursuant to section 10-241e, (vi)
consolidation of information technology services, and (vii) reductions in
costs associated with the care and maintenance of athletic fields, or (B)
regional collaboration or cooperative arrangements pursuant to section
10-158a may reduce such district's budgeted appropriation for
education in an amount equal to half of the amount of savings
experienced as a result of such district efficiencies, regional
collaboration or cooperative arrangement, provided such reduction
shall not exceed one-half of one per cent of the district's budgeted
appropriation for education for the fiscal year ending June 30, 2019. House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 11 of 17
(b) Except as otherwise provided under the provisions of subsections
(c) to [(g)] (h), inclusive, of this section, for the fiscal year ending June
30, 2021, a town's budgeted appropriation for education shall be not less
than the budgeted appropriation for education for the fiscal year ending
June 30, 2020, plus any aid increase received pursuant to subsection (d)
of section 10-262i, except that a town may reduce its budgeted
appropriation for education for the fiscal year ending June 30, 2021, by
one or more of the following:
(1) If a town experiences an aid reduction, as described in subsection
(d) of section 10-262i, such town may reduce its budgeted appropriation
for education in an amount equal to the aid reduction;
(2) If a district experiences a net reduction in its resident student
count during a period that may include any of the five fiscal years
immediately prior to the fiscal year for which the budgeted
appropriation for education is calculated, such district may reduce its
budgeted appropriation for education in an amount equal to the
number of such net reduction multiplied by fifty per cent of the net
current expenditures per resident student of such district, provided no
district may use the resident student count for any fiscal year that was
previously used to reduce its budgeted appropriation for education in
any calculation of a net reduction of resident students for purposes of
reducing its budgeted appropriation for education pursuant to this
subdivision for any subsequent fiscal year;
(3) Any district (A) that does not maintain a high school and pays
tuition to another school district pursuant to section 10-33 for resident
students to attend high school in another district, and (B) in which the
number of resident students attending high school for such district for
October 1, 2019, using the data of record as of January 31, 2020, is lower
than such district's number of resident students attending high school
for October 1, 2018, using the data of record as of January 31, 2020, may
reduce such district's budgeted appropriation for education by the House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 12 of 17
difference in the number of resident students attending high school for
such years multiplied by the amount of tuition paid per student
pursuant to section 10-33; or
(4) Any district that realizes new and documentable savings through
(A) increased district efficiencies approved by the Commissioner of
Education, including, but not limited to, (i) reductions in costs
associated with transportation services, school district administration or
contracts that are not the result of collective bargaining or other labor
agreements, (ii) an agreement to provide medical or health care benefits
pursuant to section 7-464b, (iii) a cooperative agreement relating to the
performance of administrative and central office functions, such as
business manager functions, for the municipality and the school district
pursuant to section 10-241b, (iv) reductions in costs associated with the
purchasing or joint purchasing of property insurance, casualty
insurance and workers' compensation insurance, following the
consultation with the legislative body of the municipality of such district
pursuant to section 10-241c, (v) reductions in costs associated with the
purchasing of payroll processing or accounts payable software systems,
following the consultation with the legislative body of the municipality
of such district to determine whether such systems may be purchased
or shared on a regional basis pursuant to section 10-241e, (vi)
consolidation of information technology services, and (vii) reductions in
costs associated with the care and maintenance of athletic fields, or (B)
regional collaboration or cooperative arrangements pursuant to section
10-158a, may reduce such district's budgeted appropriation for
education in an amount equal to half of the amount of savings
experienced as a result of such district efficiencies, regional
collaboration or cooperative arrangement, provided such reduction
shall not exceed one-half of one per cent of the district's budgeted
appropriation for education for the fiscal year ending June 30, 2020.
(c) For the fiscal years ending June 30, 2020, and June 30, 2021, the House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 13 of 17
Commissioner of Education may permit a town to reduce its budgeted
appropriation for education in an amount determined by the
commissioner if the school district in such town has permanently ceased
operations and closed one or more schools in the school district due to
declining enrollment at such closed school or schools in the fiscal years
ending June 30, 2013, to June 30, 2020, inclusive.
(d) [For] Except as otherwise provided under the provisions of
subsection (h) of this section, for the fiscal years ending June 30, 2020,
and June 30, 2021, a town designated as an alliance district, as defined
in section 10-262u, shall not reduce its budgeted appropriation for
education pursuant to this section.
(e) For the fiscal years ending June 30, 2020, and June 30, 2021, the
provisions of this section shall not apply to any district that is in the top
ten per cent of school districts based on the accountability index, as
defined in section 10-223e.
(f) For the fiscal years ending June 30, 2020, and June 30, 2021, the
provisions of this section shall not apply to the member towns of a
regional school district during the first full fiscal year following the
establishment of the regional school district, provided the budgeted
appropriation for education for member towns of such regional school
district for each subsequent fiscal year shall be determined in
accordance with this section.
(g) For the fiscal years ending June 30, 2020, and June 30, 2021, any
district that has (1) elected to act as a self-insurer, pursuant to section 10-
236, (2) experienced a loss incurred as a result of one or more
catastrophic events, as declared by a nationally recognized catastrophe
loss index provider, during the prior fiscal year, and (3) increased its
budgeted appropriation for education during said prior fiscal year as a
result of such loss, shall not be required to include the amount of such
increase in the calculation of such district's budgeted appropriation for House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 14 of 17
education for the subsequent fiscal year.
(h) For the fiscal years ending June 30, 2020, and June 30, 2021, any
district that has received (1) a supplemental appropriation from the
board of finance for a town having a board of finance, the board of
selectmen for a town having no board of finance or the authority making
appropriations for the school district, for the purpose of covering costs
associated with COVID-19 expenditures because the budgeted
appropriation for education for the district was insufficient to cover
such costs, or (2) federal funds pursuant to the Coronavirus Aid, Relief,
and Economic Security Act, P.L. 116-136, as amended from time to time,
shall not be required to include the amount of such supplemental
appropriation or federal funds in the calculation of such district's
budgeted appropriation for education for the subsequent fiscal year. As
used in this subsection, "COVID-19" means the respiratory disease
designated by the World Health Organization on February 11, 2020, as
coronavirus 2019, and any related mutation thereof recognized by the
World Health Organization as a communicable respiratory disease.
Sec. 10. Subsection (b) of section 10-287 of the 2020 supplement to the
general statutes, as amended by section 6 of public act 19-1 of the July
special session, is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) (1) All orders and contracts for school building construction
receiving state assistance under this chapter, except as provided in
subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to
the lowest responsible qualified bidder only after a public invitation to
bid, which shall be advertised in a newspaper having circulation in the
town in which construction is to take place, except for (A) school
building projects for which the town or regional school district is using
a state contract pursuant to subsection (d) of section 10-292, and (B)
change orders, those contracts or orders costing less than ten thousand
dollars and those of an emergency nature, as determined by the House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 15 of 17
Commissioner of Administrative Services, in which cases the contractor
or vendor may be selected by negotiation, provided no local fiscal
regulations, ordinances or charter provisions conflict.
(2) All orders and contracts for architectural services shall be
awarded from a pool of not more than the four most responsible
qualified proposers after a public selection process. Such process shall,
at a minimum, involve requests for qualifications, followed by requests
for proposals, including fees, from the proposers meeting the
qualifications criteria of the request for qualifications process. Public
advertisements shall be required in a newspaper having circulation in
the town in which construction is to take place, except for school
building projects for which the town or regional school district is using
a state contract pursuant to subsection (d) of section 10-292. Following
the qualification process, the awarding authority shall evaluate the
proposals to determine the four most responsible qualified proposers
using those criteria previously listed in the requests for qualifications
and requests for proposals for selecting architectural services specific to
the project or school district. Such evaluation criteria shall include due
consideration of the proposer's pricing for the project, experience with
work of similar size and scope as required for the order or contract,
organizational and team structure, including any subcontractors to be
utilized by the proposer, for the order or contract, past performance
data, including, but not limited to, adherence to project schedules and
project budgets and the number of change orders for projects, the
approach to the work required for the order or contract and documented
contract oversight capabilities, and may include criteria specific to the
project. Final selection by the awarding authority is limited to the pool
of the four most responsible qualified proposers and shall include
consideration of all criteria included within the request for proposals.
As used in this subdivision, "most responsible qualified proposer"
means the proposer who is qualified by the awarding authority when
considering price and the factors necessary for faithful performance of House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 16 of 17
the work based on the criteria and scope of work included in the request
for proposals.
(3) (A) All orders and contracts for construction management services
shall be awarded from a pool of not more than the four most responsible
qualified proposers after a public selection process. Such process shall,
at a minimum, involve requests for qualifications, followed by requests
for proposals, including fees, from the proposers meeting the
qualifications criteria of the request for qualifications process. Public
advertisements shall be required in a newspaper having circulation in
the town in which construction is to take place, except for school
building projects for which the town or regional school district is using
a state contract pursuant to subsection (d) of section 10-292. Following
the qualification process, the awarding authority shall evaluate the
proposals to determine the four most responsible qualified proposers
using those criteria previously listed in the requests for qualifications
and requests for proposals for selecting construction management
services specific to the project or school district. Such evaluation criteria
shall include due consideration of the proposer's pricing for the project,
experience with work of similar size and scope as required for the order
or contract, organizational and team structure for the order or contract,
past performance data, including, but not limited to, adherence to
project schedules and project budgets and the number of change orders
for projects, the approach to the work required for the order or contract,
including on and after July 1, 2021, whether the proposer intends to self-
perform any project element and the benefit to the awarding authority
that will result from such self-performance, and documented contract
oversight capabilities, and may include criteria specific to the project.
Final selection by the awarding authority is limited to the pool of the
four most responsible qualified proposers and shall include
consideration of all criteria included within the request for proposals.
As used in this subdivision, "most responsible qualified proposer"
means the proposer who is qualified by the awarding authority when House Bill No. 7010
Sept. Sp. Sess., Public Act No. 20-8 17 of 17
considering price and the factors necessary for faithful performance of
the work based on the criteria and scope of work included in the request
for proposals.
(B) [Upon] On and after July 1, 2021, upon the written approval of the
Commissioner of Administrative Services, an awarding authority may
permit a construction manager to self-perform a portion of the
construction work if the awarding authority and the commissioner
determine that the construction manager can self-perform the work
more cost-effectively than a subcontractor. All work not performed by
the construction manager shall be performed by trade subcontractors
selected by a process approved by the awarding authority and the
commissioner. The construction manager's contract shall include a
guaranteed maximum price for the cost of construction. Such
guaranteed maximum price shall be determined not later than ninety
days after the selection of the trade subcontractors. Construction shall
not begin prior to the determination of the guaranteed maximum price,
except work relating to site preparation and demolition may commence
prior to such determination.
(4) All orders and contracts for any other consultant services,
including, but not limited to, consultant services rendered by an owner's
representatives, construction administrators, program managers,
environmental professionals, planners and financial specialists, shall
comply with the public selection process described in subdivision (2) of
this subsection. No costs associated with an order or contract for such
consultant services shall be eligible for state financial assistance under
this chapter unless such order or contract receives prior approval from
the Commissioner of Administrative Services.
Approved October 2, 2020