Nebraska Revised Statutes Chapter 73. Public Lettings and Contracts § 73-1115. Construction managers; submission of proposals; ranking; negotiation of contract

(1) Construction managers shall submit proposals as required by the request for proposals.

(2) A proposal may be submitted in paper or electronic format. All proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.

(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The authorized agency shall have the right to reject any and all proposals at no cost to the authorized agency. The authorized agency may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.

(4) The authorized agency shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The authorized agency may meet with construction managers prior to the ranking.

(5) The authorized agency may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the authorized agency is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the authorized agency may terminate negotiations with that construction manager. The authorized agency may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the authorized agency is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the authorized agency may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.

(6) If the authorized agency is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the authorized agency may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under the State Building Construction Alternatives Act.