§ 73-1104 — Design-build contract or construction manager-general contractor contract; authorized; approval required; procedure

(1) An authorized agency, in accordance with the State Building Construction Alternatives Act, may solicit and execute a design-build contract or a construction manager-general contractor contract for state buildings for which the authorized agency has responsibility except as otherwise provided in section 73-1103 .
(2) Before executing a design-build contract or construction manager-general contractor contract, an authorized agency shall submit a request for approval from the Director of Administrative Services or his or her designee. The request shall include the following:
(a) A written determination that, due to the nature, detail, or circumstances of a project, the use of a design-build contract or construction manager-general contractor contract is justified. The determination shall include a description of facts justifying such use and state whether the authorized agency is planning to use a design-build contract or a construction manager-general contractor contract;
(b) The criteria for making such determination, including the following factors:
(i) The cost of the project;
(ii) The anticipated schedule for the project from preparation for contracting through completion of construction;
(iii) The overall complexity of the project;
(iv) The need to overlap design and construction phases of the project; or
(v) An emergency exists that requires the use of an accelerated schedule to make repairs; and
(c) An explanation of how using a design-build contract or construction manager-general contractor contract will not result in favoritism or substantially diminish competition in awarding such contract for such project.

Legislative History

Source: Laws 2025, LB660, § 4. Operative Date: September 3, 2025