2006 Minnesota Statutes

16C.34 CONSTRUCTION MANAGER AT RISK.
    Subdivision 1. Solicitation of qualifications. (a) Every user agency, except the Capitol Area
Architectural and Planning Board, shall submit a written request for proposals for a construction
manager at risk for its project to the commissioner. The written request for proposals must include
a description of the project, the estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project, and other information which will
assist the commissioner in carrying out its duties and responsibilities set forth in this section.
(b) The commissioner may include in the request for qualifications criteria a requirement
that the proposer include the overhead and fee that the construction manager at risk proposes
to charge for its services.
(c) A request for qualifications shall be prepared for each construction manager at risk
contract as provided in this section. The request for qualifications shall contain, at a minimum, the
following elements:
(1) the identity of the agency for which the project will be built and that will award the
construction manager at risk contract;
(2) procedures for submitting qualifications, the criteria and subcriteria for evaluation of
qualifications and the relative weight for each criteria and subcriteria, and the procedures for
making awards in an open, competitive, and objective manner, and according to the stated criteria
and subcriteria, including a reference to the requirements of this section;
(3) the terms and conditions for the contract;
(4) the qualifications that the construction manager at risk shall be desired to have;
(5) a schedule for commencement and completion of the project;
(6) any applicable budget limits for the project;
(7) requirements for insurance, statutorily required performance and payment bonds;
(8) identification and location of any other information in the possession or control of the
agency that the user agency determines is material, which may include surveys, soils reports,
drawings or models of existing structures, environmental studies, photographs, or references to
public records; and
(9) criteria shall not impose unnecessary conditions beyond reasonable requirements to
ensure maximum participation of construction managers at risk. The criteria shall not consider the
collective bargaining status of the construction manager at risk.
(d) Notice of requests for qualifications must be advertised in the State Register.
    Subd. 2. Construction manager at risk selection process. In a construction manager at risk
selection process, the following shall apply:
(a)(1) Upon receipt of a written request from a user agency for a construction manager at
risk for its project, the commissioner shall create a selection committee composed of a minimum
of three persons, at least one of whom has construction industry expertise; (2) the selection
committee shall establish procedures for determining the appropriate content of each request
for qualifications, the weighted criteria and subcriteria to be used to score the proposals of the
construction managers at risk, and shall establish procedures for evaluating qualifications in an
open, competitive, and objective manner; and (3) the commissioner shall issue a request for
qualifications that includes the information as described in subdivision 1.
(b) In accordance with the criteria and procedures set forth in the request for qualifications,
the selection committee shall evaluate the construction manager at risk's experience as a
constructor, including, but not limited to, capacity of key personnel, technical competence,
capability to perform, the past performance of the construction manager at risk and its employees,
its safety record and compliance with state and federal law, availability to and familiarity with
the project locale, and other appropriate facts submitted by the construction manager at risk in
response to the request for qualifications. The commissioner must receive at least three proposals
from construction managers or the commissioner may either (1) solicit new proposals; (2)
request the selection committee to revise the request for qualifications and thereafter solicit new
proposals using the revised request for qualifications; (3) select another allowed procurement
method; or (4) reject all proposals.
(c)(1) The selection committee shall review the proposers' qualifications and create a short
list of three to five proposals of construction managers at risk; (2) the commissioner shall issue
a request for proposal requiring fee and expense proposals and other information as desired
from the short-listed construction managers at risk; (3) the selection committee shall conduct
formal interviews with the short-listed construction managers at risk but shall not disclose any
proprietary or confidential information contained in one proposal to another proposer; and (4)
the selection committee shall recommend the construction manager at risk achieving the highest
score on the evaluation criteria as described in subdivision 1, paragraph (b).
(d) The board shall select the primary designer as described in section 16B.33 or in the case
of the commissioner, section 16C.08 or 16C.095.
    Subd. 3. Construction manager at risk contract. (a) The commissioner shall conduct
contract negotiations with the recommended construction manager at risk.
(b) If the construction manager at risk selected for the project declines the appointment or is
unable to reach agreement with the commissioner concerning the fee or terms of the contract,
the commissioner shall, within 60 days after the first selection, request the selection committee
to make another recommendation.
(c) If the selection committee fails to make a second recommendation and forward it to the
commissioner within 60 days of the commissioner's request for a second recommendation, the
commissioner may select a construction manager at risk without the recommendation of the
selection committee.
(d) The primary designer selected by the board shall develop various design documents
for review and approval by the commissioner.
(e) The construction manager at risk shall competitively bid all trade contract work for
the project from a list of qualified firms, subject to availability of such qualified firms for
the specific work. The list of qualified firms shall be based upon an open, competitive, and
objective prequalification process in which the selection criteria includes the firm's experience
as a constructor, including capacity of key personnel, technical competence, capability to
perform, the past performance of the firm and its employees, including its safety record and
compliance with state and federal law, availability to and familiarity with the project locale, and
other considerations as defined by the construction manager at risk and the commissioner. The
construction manager at risk and the commissioner shall jointly determine the composition of the
list of qualified firms. The criteria shall not impose unnecessary conditions beyond reasonable
requirements to ensure maximum participation of qualified contractors. With the commissioner's
approval or request, the construction manager at risk may also submit bids for trade contract work.
(f) The construction manager at risk and the commissioner shall enter into a guaranteed
maximum price contract for the project.
History: 2005 c 78 s 8