Nebraska Code § 73-1116

Construction manager; authorized agency; further negotiations; powers and duties.
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(1) Before the construction manager begins any construction services, the authorized agency shall:
(a) Conduct an independent cost estimate for the project; and
(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.
(2) If the construction manager and the authorized agency are unable to negotiate a contract, the authorized agency may use other contract procurement processes as provided by law. Persons or organizations who submitted proposals but were unable to negotiate a contract with the authorized agency shall be eligible to compete in the other contract procurement processes.

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