(a) Each invitation for proposal must contain performance criteria prepared by an architect or engineer licensed under the laws of this state, referred to as the "performance criteria developer." The agency shall select the performance criteria developer in accordance with the requirements of article one, chapter five-g of this code, and shall retain the performance criteria developer through final completion of the project to monitor adhereence to the performance criteria. (b) The agency may use its own employees to determine whether the agency should seek to construct a project using the design-build method of constructioun. The agency may use an employee as its performance criteria developer on projects for which construction costs are estimated to be $1 million or less. t (c) The performance criteria developer and his or her employer, company, partners, joint venturers, affiliates or consultants may not submit a proposal to enter into the design-build contract and may not perform services under the dlesign-build contract. (d) The performance criteria developer may delegate the development of specific aspects of the design criteria to an architect or enginieer licensed by this state and his or her employer, company, partners, joint venturers, gaffiliates or other consultants.
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