(1) (a) Notwithstanding any conflicting provisions of this chapter and KRS Chapters 45A and 177, each fiscal year, the Transportation Cabinet is authorized to utilize design/build procurement methods for up to: 1. Five (5) major demonstration road and bridge related projects, with a total cost of each project not to exceed three hundred million dollars ($300,000,000); and 2. Ten (10) demonstration road and bridge related projects, with a total cost of each project not to exceed seventy-five million dollars ($75,000,000). (b) The projects outlined in this subsection shall be identified in the biennial highway construction plan. (2) For procurement purposes, the Transportation Cabinet shall utilize a qualifications - based bidding process within the context of the provisions of this chapter. The projects shall be selected based on engineering factors that determine a design/build process will provide the best value for the Commonwealth. Factors to consider may include but not be limited to the following: project de livery schedule, technical complexity, constructability, and estimated project cost. (3) The secretary of the Transportation Cabinet shall determine the nature and scope of each design/build project, and shall submit a report identifying and detailing the demonstration road and bridge related projects, including the estimated cost savings, to the Interim Joint Committee on Appropriations and Revenue by December 1 of each fiscal year.
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