1.1.................... moves to amend H.F. No. 1333, as amended, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision
1.4to read:
1.5    Subd. 17. Construction manager/general contractor data. When the Department
1.6of Transportation undertakes a construction manager/general contractor contract, as
1.7defined and authorized in sections 161.3207 to 161.3209, the provisions of this subdivision
1.8apply.
1.9(a) When the commissioner of transportation solicits a request for qualifications:
1.10(1) the following data are classified as protected nonpublic data:
1.11(i) the statement of qualifications scoring evaluation manual; and
1.12(ii) the statement of qualifications evaluations;
1.13(2) the following data are classified as nonpublic data: the statement of qualifications
1.14submitted by a potential construction manager/general contractor; and
1.15(3) the following data are classified as private data on individuals: identifying
1.16information concerning the members of the technical review committee.
1.17(b) When the commissioner of transportation announces the short list of qualified
1.18construction managers/general contractors, the following data become public:
1.19(1) the statement of qualifications scoring evaluation manual; and
1.20(2) the statement of qualifications evaluations.
1.21(c) When the commissioner of transportation solicits a request for proposals:
1.22(1) the following data are classified as protected nonpublic data: the proposal
1.23scoring manual; and
1.24(2) the following data are classified as nonpublic data:
1.25(i) the proposals submitted by a potential construction manager/general contractor;
1.26and
1.27(ii) the proposal evaluations.
2.1(d) When the commissioner of transportation has completed the ranking of proposals
2.2and announces the selected construction manager/general contractor, the proposal
2.3evaluation score or rank and proposal evaluations become public.
2.4(e) When the commissioner of transportation conducts contract negotiations
2.5with a construction manager/general contractor, government data created, collected,
2.6stored, and maintained during those negotiations are nonpublic data until a construction
2.7manager/general contractor contract is fully executed.
2.8(f) When the construction manager/general contractor contract is fully executed or
2.9when the commissioner of transportation decides to use another contract procurement
2.10process other than construction manager/general contractor authority authorized under
2.11section 161.3209, subdivision 3, paragraph (b), all remaining data not already made public
2.12under this subdivision become public.
2.13(g) If the commissioner of transportation rejects all responses to a request for
2.14proposals before a construction manager/general contractor contract is fully executed,
2.15all data other than that data made public under this subdivision retains its classification
2.16until a resolicitation of the request for proposals results in a fully executed construction
2.17manager/general contractor contract, or a determination is made to abandon the project. If
2.18a resolicitation of proposals does not occur within one year of the announcement of the
2.19request for proposals, the remaining data become public.
2.20EFFECTIVE DATE.This section is effective the day following final enactment and
2.21expires following the acceptance of ten construction manager/general contractor contracts.

2.22    Sec. 2. [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
2.23DEFINITIONS.
2.24    Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the
2.25meanings given them in this section.
2.26    Subd. 2. Acceptance. "Acceptance" means an action of the commissioner
2.27authorizing the execution of a construction manager/general contractor contract.
2.28    Subd. 3. Commissioner. "Commissioner" means the commissioner of
2.29transportation.
2.30    Subd. 4. Construction manager/general contractor. "Construction
2.31manager/general contractor" means a proprietorship, partnership, limited liability
2.32partnership, joint venture, corporation, any type of limited liability company, professional
2.33corporation, or any legal entity selected by the commissioner to act as a construction
2.34manager to manage the construction process, which includes, but is not limited to,
3.1responsibility for the price, schedule, and execution of preconstruction services or the
3.2workmanship of construction performed according to section 161.3209, or both.
3.3    Subd. 5. Construction manager/general contractor contract. "Construction
3.4manager/general contractor contract" means a contract for construction of a project
3.5between a construction manager/general contractor and the commissioner, which
3.6must include terms providing for a price, construction schedule, and workmanship of
3.7the construction performed. The construction manager/general contractor contract
3.8may include provisions for incremental price contracts for specific work packages,
3.9additional work performed, contingencies, or other contract provisions that will allow the
3.10commissioner to negotiate time and cost changes to the contract.
3.11    Subd. 6. Past performance; experience. "Past performance" or "experience" does
3.12not include the exercise or assertion of a person's legal rights.
3.13    Subd. 7. Preconstruction services. "Preconstruction services" means all
3.14non-construction-related services that a construction manager/general contractor is
3.15allowed to perform before execution of a construction manager/general contractor contract
3.16or work package.
3.17    Subd. 8. Preconstruction services contract. "Preconstruction services contract"
3.18means a contract under which a construction manager/general contractor is paid on the
3.19basis of the actual cost to perform the work specified in the contract plus an amount for
3.20overhead and profit for all preconstruction services.
3.21    Subd. 9. Project. "Project" means any project selected by the commissioner as a
3.22construction manager/general contractor project under section 161.3208.
3.23    Subd. 10. Request for proposals; RFP. "Request for proposals" or "RFP" means
3.24the document or publication soliciting proposals for a construction manager/general
3.25contractor contract.
3.26    Subd. 11. Request for qualifications; RFQ. "Request for qualifications" or "RFQ"
3.27means a document or publication used to prequalify and short-list potential construction
3.28managers/general contractors.
3.29    Subd. 12. Work package. "Work package" means the scope of work for a defined
3.30portion of a project. A defined portion includes construction services on any project
3.31aspect, including procuring materials or services.
3.32EFFECTIVE DATE.This section is effective the day following final enactment and
3.33expires following the acceptance of ten construction manager/general contractor contracts.

3.34    Sec. 3. [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
3.35AUTHORITY.
4.1    Subdivision 1. Selection authority; limitation. Notwithstanding sections 16C.25,
4.2161.32, and 161.321, or any other law to the contrary, the commissioner may select a
4.3construction manager/general contractor as provided in section 161.3209, and award a
4.4construction manager/general contractor contract. The number of awarded contracts
4.5shall not exceed four in any calendar year.
4.6    Subd. 2. Determination. Final determination to use a construction manager/general
4.7contractor contracting procedure may be made only by the commissioner.
4.8    Subd. 3. Cancellation. The solicitation of construction manager/general contractor
4.9requests for qualifications or proposals does not obligate the commissioner to enter into a
4.10construction manager/general contractor contract.the commissioner may accept or reject
4.11any or all responses received as a result of the request. The solicitation of proposals may
4.12be canceled at any time at the commissioner's sole discretion if cancellation is considered
4.13to be in the state's best interest. If the commissioner rejects all responses or cancels the
4.14solicitation for proposals, the commissioner may resolicit a request for proposals using the
4.15same or different requirements.
4.16    Subd. 4. Reporting. The commissioner shall notify the chairs and ranking minority
4.17members of the legislative committees with jurisdiction over transportation policy
4.18and transportation finance each time the commissioner decides to use the construction
4.19manager/general contractor method of procurement and explain why that method was
4.20chosen.
4.21EFFECTIVE DATE.This section is effective the day following final enactment and
4.22expires following the acceptance of ten construction manager/general contractor contracts.

4.23    Sec. 4. [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
4.24PROCEDURES.
4.25    Subdivision 1. Solicitation of proposals. If the commissioner determines that
4.26a construction manager/general contractor method of procurement is appropriate for
4.27a project, the commissioner shall establish a two-phase procedure for awarding the
4.28construction manager/general contractor contract, as described in subdivisions 2 and 3.
4.29    Subd. 2. Phase 1 - request for proposals. (a) The commissioner shall prepare
4.30or have prepared an RFP for each construction manager/general contractor contract as
4.31provided in this section. The RFP must contain, at a minimum, the following elements:
4.32(1) the minimum qualifications of the construction manager/general contractor;
4.33(2) the procedures for submitting proposals and the criteria for evaluation of
4.34qualifications and the relative weight for each criteria;
4.35(3) the form of the contract to be awarded;
5.1(4) the scope of intended construction work;
5.2(5) a listing of the types of preconstruction services that will be required;
5.3(6) an anticipated schedule for commencing and completing the project;
5.4(7) any applicable budget limits for the project;
5.5(8) the requirements for insurance, statutorily required performance, and payment
5.6bonds;
5.7(9) the requirements that the construction manager/general contractor provide a
5.8letter from a surety or insurance company stating that the construction manager/general
5.9contractor is capable of obtaining a performance bond and payment bond covering the
5.10estimated contract cost;
5.11(10) the method for how construction manager/general contractor fees for the
5.12preconstruction services contract will be negotiated;
5.13(11) a statement that past performance or experience does not include the exercise
5.14or assertion of a person's legal rights; and
5.15(12) any other information desired by the commissioner.
5.16(b) Before receiving any responses to the RFP:
5.17(1) The commissioner shall appoint a technical review committee of at least five
5.18individuals, of which one is a Department of Transportation manager who is also a
5.19licensed professional engineer in Minnesota.
5.20(2) The technical review committee shall evaluate the construction manager/general
5.21contractor proposals according to criteria and subcriteria published in the RFP and
5.22procedures established by the commissioner. The commissioner shall, as designated in
5.23the RFP, evaluate construction manager/general contractor proposals on the basis of best
5.24value as defined in section 16C.05, or using the qualifications-based selection process set
5.25forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
5.26the commissioner does not receive at least two proposals from construction managers,
5.27the commissioner may:
5.28(i) solicit new proposals;
5.29(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;
5.30(iii) select another allowed procurement method; or
5.31(iv) reject the proposals.
5.32(3) The technical review committee shall evaluate the responses to the request for
5.33proposals and rank the construction manager/general contractorbased on the predefined
5.34criteria set forth in the RFP in accordance with paragraph (a), clause (2).
5.35(c) Unless all proposals are rejected, the commissioner shall conduct contract
5.36negotiations for a preconstruction services contract with the construction manager/general
6.1contractor with the highest ranking. If the construction manager/general contractor with
6.2the highest ranking declines or is unable to reach an agreement, the commissioner may
6.3begin contract negotiations with the next highest ranked construction manager/general
6.4contractor.
6.5(d) Before issuing the RFP, the commissioner may elect to issue a request for
6.6qualifications (RFQ) and short-list the most highly qualified construction managers/general
6.7contractors. The RFQ must include the procedures for submitting statements of
6.8qualification, the criteria for evaluation of qualifications, and the relative weight for each
6.9criterion. The statements of qualifications must be evaluated by the technical review
6.10committee.
6.11    Subd. 3. Phase 2 - construction manager/general contractor contract. (a) Before
6.12conducting any construction-related services, the commissioner shall:
6.13(1) conduct an independent cost estimate for the project or each work package; and
6.14(2) conduct contract negotiations with the construction manager/general contractor
6.15to develop a construction manager/general contractor contract. This contract must include
6.16a minimum construction manager/general contractor self-performing requirement of 30
6.17percent of the negotiated cost. Items designated in the construction manager/general
6.18contractor contract as specialty items may be subcontracted and the cost of any specialty
6.19item performed under the subcontract will be deducted from the cost before computing the
6.20amount of work required to be performed by the contractor.
6.21(b) If the construction manager/general contractor and the commissioner are unable
6.22to negotiate a contract, the commissioner may use other contract procurement processes or
6.23may readvertise the construction manager/general contractor contract. The construction
6.24manager/general contractor may (1) bid or propose on the project if advertised under
6.25section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections
6.26161.3410 to 161.3428.
6.27(c) The commissioner shall provide to all bidders or design-build teams, all data
6.28shared between the commissioner and the construction manager/general contractor during
6.29the contract negotiations under this subdivision.
6.30EFFECTIVE DATE.This section is effective the day following final enactment and
6.31expires following the acceptance of ten construction manager/general contractor contracts.

6.32    Sec. 5. LEGISLATIVE REPORTS ON CONTRACTING.
6.33    Subdivision 1. Submission of reports. The commissioner shall report on experience
6.34with and evaluation of the construction manager/general contractor method of contracting
7.1authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be
7.2submitted to the chairs and ranking minority members of the legislative committees with
7.3jurisdiction over transportation policy or transportation finance and in compliance with
7.4Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted
7.5no later than 12 months following the commissioner's acceptance of five construction
7.6manager/general contractor contracts. A final report must be submitted no later than 12
7.7months following the commissioner's acceptance of ten construction manager/general
7.8contractor contracts.
7.9    Subd. 2. Content of reports. The reports must include: (1) a description of
7.10circumstances of any projects as to which construction manager/general contractor
7.11requests for qualifications or requests for proposals were solicited, followed by a
7.12cancellation of the solicitation; (2) a description of projects as to which construction
7.13manager/general contractor method was utilized; (3) a comparison of project cost
7.14estimates with final project costs, if available; and (4) evaluation of the construction
7.15manager/general contractor method of procurement with respect to implications for
7.16project cost, use of innovative techniques, completion time, and obtaining maximum
7.17value. The final report must also include recommendations as to continued use of the
7.18program and desired modifications to the program, and recommended legislation to
7.19continue, discontinue, or modify the program.
7.20EFFECTIVE DATE.This section is effective the day following final enactment
7.21and expires following the acceptance of ten construction manager/general contractor
7.22contracts."
7.23Amend the title accordingly