KRS 162.065: Administrative regulations for use by local school boards when

constructing schools using construction managers -- Items considered equal to

specifications may be furnished.

The State Board of Education shall promulgate administrative regulations for use by local

school boards when constructing school buildings using construction managers. A

construction manager is an experienced and qualified construction contracting

organization that is paid a fee for its professional management and supervision servi ces.

The regulations shall include, but not be limited to:

(1) A standard "Request for Proposal" form, including appropriate criteria for use by

local school boards to ensure only qualified construction managers are considered:

(a) A list of successfully c ompleted projects or a demonstrated capability to

perform projects of a similar type;

(b) A descriptive detail of projects showing the experience and the ability to

perform budget estimating, value engineering, and scheduling; and

(c) A list of experienced and qualified personnel with a track record of achieved

quality and the capability to provide bidder solicitation;

(2) Adequate public notice of the invitation for proposals shall be given a sufficient

time prior to the date set for the opening of proposals;

(3) A requirement for bids, when requested by a construction manager, be submitted to

the architect or owner and opened in public;

(4) A requirement that all bids for school construction projects be advertised in

newspapers with the largest local circulation;

(5) A sample fee schedule for construction manager services shall be developed by

recommendation of a diversified committee consisting of Department of Education

personnel, architects, and construction managers for the guidance of local school

boards;

(6) A requirement that established qualifications -based selection procedures be

implemented by local boards when selecting firms to provide architectural and

engineering services; and

(7) A requirement that specifications in every invitation for bids o r request for

proposals shall provide that an item equal to that named or described in the

specifications may be furnished. The specifications may identify a sole brand in

cases where, in the written opinion of the chief procurement officer, documented

unique and valid conditions require compatibility, continuity, or conformity with

established standards. An item shall be considered equal to the item named or

described if, in the opinion of the local board and the design professional

responsible for the specifications:

(a) It is at least equal in quality, durability, strength, design, and other criteria

deemed appropriate;

(b) It will perform at least equally the function imposed by the general design for

the public work being contracted for or the material being purchased; and

(c) It conforms substantially to the detailed requirements for the item in the

specifications.