construction projects. (a) Notwithstanding any other provision of this code to the contrary, the state and/or its subdivisions who comply with the provisions of this article may solicit and execute a construction management at-risk contract. (b) The execution of a construction management at-risk contract between the state and/or its subdivisions and a construction manager is optional. The use of a construction management at-risk contract is at the discretion of the state and/or its subdivisions. If the state and/or its subdivisions opt not to execute a construction management at-riusk contract the provisions of §5-22-1 et seq. of this code shall apply to the selection and management of the bidding process of the project. t (c) Prior to entering into a construction management at-risk contract, the state and/or its subdivisions shall adopt policies for utilization of a construction management at-risk contract. The policies shall require that such contralcts include, at a minimum, the following: (1) Procedures for the preparation and content of requests for qualifications and requests for proposals; i (2) Procedures for preparing and submitting proposals; (3) Procedures for evaluating proposals in accordance with §5-22B-12 of this code; (4) Procedures for negotiations between the state and/or its subdivisions and the construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and (5) Procedures for filing and acting on formal protests relating to the solicitation or execution of construction management at-risk contracts. (d) The state and/or its subdivisions may require supplemental conditions to a construction management at-risk agreement and any modifications to the agreement will be communicated to all parties prior to the execution of the contract.
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