(a) In the event funds from any sources are provided to state agencies for projects which exceed five million dollars ($5,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of the Arkansas Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of state agencies or the institutions of higher education set forth in subdivision (b)(5) of this section shall not be applicable to the projects if the selection and contracting process set forth in this section is followed.
(b) (1) No contract for projects between the state agency and the construction manager, general contractor, architect, or engineer shall be entered into without first obtaining approval of the Building Authority Division of the Department of Finance and Administration and review by the Legislative Council.
(2) The division shall have involvement in the selection and contract process from the project inception.
(3) There shall be separate contracts for design and construction services.
(4) The division shall have the authority to promulgate rules and regulations pertaining to the process for awarding and overseeing the contracts.
(5) The Board of Trustees of the University of Arkansas and the Board of Trustees of Arkansas State University shall be exempt from review and approval by the division and any regulations promulgated by it, provided that the Board of Trustees of the University of Arkansas and the Board of Trustees of Arkansas State University have adopted policies and procedures involving the awarding and oversight of the contracts for design and construction services.
(6) All procedures pertaining to the contracts shall provide, to the extent practicable, substantial uniformity between these institutions with respect to the policies and procedures to be followed.
(c) (1) For all projects contemplated or contracted for, the division shall:
(A) Review and approve the advertisement as stated in subsection (d) of this section, the scope of work, the site selection, funding review, and, to the extent available, all project drawings, plans, and specifications prior to any solicitation of proposals for the project;
(B) Conduct on-site observations of the construction project on a regular basis and maintain project records; and
(C) (i) Review and approve all contract amendments.
(ii) State agencies shall submit a summary of all contract amendments to the Legislative Council.
(2) (A) The institutions of higher education stated in subdivision (b)(5) of this section shall perform all duties and responsibilities stated in subdivision (c)(1) of this section under policies and procedures adopted by their governing boards.
(B) They shall submit a summary of all contract amendments to the Legislative Council.
(d) (1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals.
(2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality.
(3) The state agency and each institution of higher education stated in subdivision (b)(5) of this section shall:
(A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of statewide distribution;
(B) Allow a minimum of ten (10) working days for the professionals to send letters or resumes in response to newspaper advertisement; and
(C) Provide additional means of notification, if any, as the state agency or institution of higher education stated in subdivision (b)(5) of this section shall determine is appropriate.
(e) (1) (A) A preselection committee, which shall be composed of no more than three (3) members from the state agency and two (2) members from the division, shall review the proposals.
(B) A preselection committee for institutions of higher education stated in subdivision (b)(5) of this section shall consist of at least three (3) members as determined by each of the institutions, and the members may be from the division.
(C) The preselection committee shall select a maximum of five (5) applicants and schedule interviews.
(D) The state agency or an institution of higher education as stated in subdivision (b)(5) of this section shall notify the finalists of their status.
(2) (A) The final selection committee shall be composed of the three (3) members from the state agency on the preselection committee.
(B) The final interviews shall be held at the time and date as designated by the final selection committee.
(C) Representatives of the division may attend the final selection meeting, but shall not vote in the final selection process.
(D) The final selection committee for institutions of higher education stated in subdivision (b)(5) of this section shall consist of at least three (3) members as determined by each of the institutions.
(E) Members of a preselection committee may also serve as members of the final selection committee of the institutions.
(F) In selecting a general contractor, construction manager, architect, or engineer, the state agency or institution of higher education as stated in subdivision (b)(5) of this section shall consider its established criteria which shall include, but are not limited to, the following:
(i) The experience of the professional or professionals in similar projects;
(ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and
(iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the state agency or institution of higher education as stated in subdivision (b)(5) of this section.
(3) (A) The final selection committee shall select or make a formal recommendation to its governing body of the professional or professionals which it determines to be in the best interest of the state.
(B) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding, and no rule or regulation shall inhibit the agency's authority to negotiate fees for the services.
(C) The final selection committee for the institutions of higher education as stated in subdivision (b)(5) of this section shall make a recommendation to its governing board or appropriate committee thereof of the professional or professionals which it determines to be in the best interest of the institution, and the governing board shall make the final decision and authorize the contract or contracts to be negotiated and awarded, unless it has delegated the action to a committee of the board.
(f) (1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised.
(2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors.
(3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board.
(4) (A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board.
(B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.
(g) (1) To enable a state agency or an institution of higher education as stated in subdivision (b)(5) of this section to qualify under this section, the funds shall be paid to or for the benefit of the state agency or institution of higher education, or to a fund or foundation for the benefit of the state agency or institution of higher education.
(2) The funds may be represented in whole or in part by a written pledge or commitment from a donor, provided that the state agency or institution of higher education shall assure itself of the financial stability of the donor to fulfill the pledge or commitment.
(h) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with:
(1) Section 17-38-101 et seq., regulating plumbers;
(2) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry;
(3) The Fire Prevention Act, § 12-13-101 et seq.;
(4) Section 12-80-101 et seq., regarding earthquake resistant design for public structures;
(5) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. Part 36, Appx. A, adopted by the authority; and
(6) (A) The minimum standards of the division and criteria pertaining to projects constructed under this section.
(B) (i) However, institutions of higher education as stated in subdivision (b)(5) of this section shall be exempt from these standards and criteria, provided that the institutions shall have adopted policies and procedures involving the awarding and oversight of contracts for projects under this section.
(ii) It is the intention of this section that all procedures adopted by these institutions pertaining to the contracts shall provide, to the extent practicable, substantial uniformity between these institutions with respect to the policies and procedures to be followed.
(iii) Notwithstanding anything in this subsection to the contrary, the provisions of §§ 19-4-1405(f), 19-4-1413, 19-11-801, 22-9-101, 22-9-103, 22-9-104, 22-9-212, 22-9-213, § 22-9-301 et seq., § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., and § 22-9-701 et seq. shall remain in full force and effect and shall not be affected by this section.
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