{"data":{"id":"us-ky/krs-162.065","jurisdiction":"us-ky","citation":"KRS 162.065","heading":"Administrative regulations for use by local school boards when","body":"constructing schools using construction managers -- Items considered equal to\nspecifications may be furnished.\nThe State Board of Education shall promulgate administrative regulations for use by local\nschool boards when constructing school buildings using construction managers. A\nconstruction manager is an experienced and qualified construction contracting\norganization that is paid a fee for its professional management and supervision servi ces.\nThe regulations shall include, but not be limited to:\n(1) A standard \"Request for Proposal\" form, including appropriate criteria for use by\nlocal school boards to ensure only qualified construction managers are considered:\n(a) A list of successfully c ompleted projects or a demonstrated capability to\nperform projects of a similar type;\n(b) A descriptive detail of projects showing the experience and the ability to\nperform budget estimating, value engineering, and scheduling; and\n(c) A list of experienced  and qualified personnel with a track record of achieved\nquality and the capability to provide bidder solicitation;\n(2) Adequate public notice of the invitation for proposals shall be given a sufficient\ntime prior to the date set for the opening of proposals;\n(3) A requirement for bids, when requested by a construction manager, be submitted to\nthe architect or owner and opened in public;\n(4) A requirement that all bids for school construction projects be advertised in\nnewspapers with the largest local circulation;\n(5) A sample fee schedule for construction manager services shall be developed by\nrecommendation of a diversified committee consisting of Department of Education\npersonnel, architects, and construction managers for the guidance of local school\nboards;\n(6) A requirement that established qualifications -based selection procedures be\nimplemented by local boards when selecting firms to provide architectural and\nengineering services; and\n(7) A requirement that specifications in every invitation for bids o r request for\nproposals shall provide that an item equal to that named or described in the\nspecifications may be furnished. The specifications may identify a sole brand in\ncases where, in the written opinion of the chief procurement officer, documented\nunique and valid conditions require compatibility, continuity, or conformity with\nestablished standards. An item shall be considered equal to the item named or\ndescribed if, in the opinion of the local board and the design professional\nresponsible for the specifications:\n(a) It is at least equal in quality, durability, strength, design, and other criteria\ndeemed appropriate;\n(b) It will perform at least equally the function imposed by the general design for\nthe public work being contracted for or the material being purchased; and\n(c) It conforms substantially to the detailed requirements for the item in the\nspecifications.","path":["KRS Chapter 162"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=4029","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:12Z","sha256":"f84d2c2e6939953df9a2918c3a9bea3fa73b608abe656084692ddce99c306c36","source_id":"us-ky","stale":false,"prev":"us-ky/krs-162.062","next":"us-ky/krs-162.066"},"notice":"GroundRules: Original legal text. Not legal advice."}