H.F. _____ Section 1. Section 26.2, Code 2022, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 01. “Construction manager” means a sole 3 proprietorship, partnership, corporation, or other legal 4 entity that acts as a consultant to a governmental entity 5 in the development, design, or construction phase of a 6 public improvement that has not been retained as a design 7 professional. 8 Sec. 2. Section 26.2, subsection 2, Code 2022, is amended 9 to read as follows: 10 2. “Governmental entity” means the state, political 11 subdivisions of the state, public school corporations, and all 12 officers, boards, or commissions empowered by law to enter 13 into contracts for the construction of public improvements, 14 excluding the state board of regents and the state department 15 of transportation. 16 Sec. 3. Section 26.4, Code 2022, is amended to read as 17 follows: 18 26.4 Exemptions from competitive Competitive bids and 19 quotations —— applicability . 20 1. Architectural, landscape architectural, or engineering 21 design services procured for a public improvement are not 22 subject to sections 26.3 and 26.14 . 23 2. A construction manager is subject to sections 26.3 24 and 26.14 and services provided by a construction manager 25 must be competitively bid as part of a contract for a public 26 improvement. 27 Sec. 4. Section 26.7, Code 2022, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4. The notice to bidders may require the 30 bidder to file with the governmental entity a statement showing 31 the bidder’s financial standing, equipment, and experience in 32 the execution of like or similar work. 33 Sec. 5. Section 26.9, Code 2022, is amended by adding the 34 following new subsection: 35 -1- LSB 5493YC (4) 89 ec/rn 1/ 15

H.F. _____ NEW SUBSECTION . 3. Notwithstanding subsection 1, a 1 governmental entity may reject a bid if the governmental entity 2 determines that the bidder has not performed in accordance with 3 the terms of another contract for a public improvement awarded 4 by a governmental entity to the bidder. Prior to rejecting 5 a bid, the governmental entity must make a specific finding 6 on the bidder’s nonperformance and provide the bidder with 7 the opportunity to respond to the alleged nonperformance at a 8 public hearing. 9 Sec. 6. NEW SECTION . 26.21 Alternative project delivery 10 contracts. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Alternative project delivery contract” means a 14 design-build contract subject to the requirements of this 15 section. 16 b. “Best value” means the highest overall value to the 17 governmental entity-based factors that are limited to price, 18 quality, design, technical solutions, past performance, and 19 workmanship. 20 c. “Bridging criteria professional” means a person, 21 corporation, partnership, or other legal entity that is 22 employed by or contracted by a governmental entity to assist 23 the governmental entity in the development of project design 24 criteria, requests for proposals, and any additional services 25 requested by the governmental entity to represent its interests 26 in relation to a project and who meets either of the following 27 requirements: 28 (1) Is duly licensed to practice architecture within the 29 state and can demonstrate specific knowledge of the project 30 type where alternative project delivery services are being 31 sought. 32 (2) Is duly licensed as a professional engineer within the 33 state and can demonstrate specific knowledge of the project 34 type where alternative project delivery services are being 35 -2- LSB 5493YC (4) 89 ec/rn 2/ 15

H.F. _____ sought. 1 d. “Design-build” means a project delivery method subject 2 to a two-phase, best-value, or low-bid design-build selection 3 process for which the design and construction services are 4 furnished under one contract. 5 e. “Design-build contract” means a contract between a 6 governmental entity and a design-builder to furnish the 7 architecture of record, engineering of record, and related 8 services as required for a given public project, and to 9 furnish the labor, materials, and other construction services 10 for the same public project. A design-build contract may be 11 conditioned upon subsequent refinements in scope and price, and 12 may permit the governmental entity to make changes in the scope 13 of the project without invalidating the design-build contract. 14 f. “Design-build project” means the design, construction, 15 alteration, addition, remodeling, or improvement of any 16 buildings, infrastructure, or facilities under contract with a 17 governmental entity. “Design-build project” does not include a 18 project for the construction, reconstruction, or improvement of 19 a highway, bridge, or culvert. 20 g. “Design-builder” means any individual, partnership, joint 21 venture, or corporation subject to a two-phase, best-value, or 22 low-bid design-build selection process that offers to provide 23 or provides design services and general contracting services 24 through a design-build contract in which services within 25 the scope of the practice of professional architecture or 26 engineering are performed respectively by a licensed architect 27 or licensed engineer and in which services within the scope of 28 general contracting are performed by a general contractor or 29 other legal entity that furnishes architecture or engineering 30 services and construction services either directly or through 31 subcontracts or joint ventures. 32 h. “Design bridging criteria package” means the 33 performance-oriented program, scope, design, and performance 34 specifications for a design-build project sufficient to permit 35 -3- LSB 5493YC (4) 89 ec/rn 3/ 15

H.F. _____ a design-builder to prepare a response to a governmental 1 entity’s request for proposals for a design-build project. 2 i. “Low-bid design-build selection process” means the process 3 used by a governmental entity seeking to enter a design-build 4 contract as outlined in subsection 8, paragraph “b” . 5 j. “Low-bid design-build threshold” means the greater of 6 five million dollars or the adjusted low-bid cost threshold 7 established in section 314.1B. 8 k. “Proposal” means an offer by a design-builder in response 9 to a request for proposals to enter into a design-build 10 contract. 11 l. “Request for proposals” means the document by which 12 a governmental entity solicits proposals for a design-build 13 contract. 14 m. “Stipend” means a payment to a design-builder who did 15 not have the lowest adjusted score at the conclusion of the 16 two-phase, best-value selection process to defray the cost of 17 participating in the two-phase, best-value selection process, 18 and for the use of any intellectual properties obtained. 19 n. “Two-phase, best-value selection process” means the 20 process used by a governmental entity seeking to enter a 21 design-build contract as outlined in subsection 8, paragraph 22 “a” . 23 o. “Two-phase, best-value threshold” means the greater of 24 twenty-five million dollars or the adjusted best-value cost 25 threshold established in section 314.1B. 26 2. Notwithstanding any other law to the contrary, a 27 governmental entity shall be authorized to enter into an 28 alternative project delivery contract for a public improvement 29 subject to the requirements of this section. 30 3. In soliciting proposals for a design-build contract, 31 a governmental entity shall determine the scope and level of 32 detail required to permit design-builders to submit proposals 33 in accordance with the request for proposals given the nature 34 of the project. 35 -4- LSB 5493YC (4) 89 ec/rn 4/ 15

H.F. _____ 4. a. A bridging criteria professional may be retained 1 by the governmental entity as the governmental entity’s 2 representative to advise the governmental entity on 3 design-build matters. The retention of the bridging criteria 4 professional shall be exclusively to guide and administer 5 the governmental entity’s interests through the process. 6 The bridging criteria professional shall have demonstrated 7 sufficient previous experience in rules and procedures 8 specific to the design-build process. The bridging criteria 9 professional shall, along with the governmental entity, be 10 authorized to make recommendations or influence the acceptance 11 of any material, process, or procedure used during the design 12 and construction processes in accordance with the criteria 13 established for the project for the purpose of evaluating 14 compliance of the work. The bridging criteria professional 15 may be employed or contracted by the governmental entity to 16 act on behalf of the governmental entity for the sole purpose 17 of administrative procedures and shall not be connected in 18 any means to a design-build team responding to the request 19 for proposal. The duration of bridging criteria professional 20 services, prior to the issuance of a design-build contract, 21 may begin when establishing the governmental entity’s program 22 requirements through design development if the complexity of 23 the project with the governmental entity merits this level of 24 bridging information. 25 b. (1) The design bridging criteria package shall include 26 preliminary designs for the project. 27 (2) Longevity of materials and system performance 28 requirements shall be identified in the design bridging 29 criteria package to identify materials and systems that have 30 the potential to exceed the length of time the project is 31 funded. 32 (3) The design bridging criteria package shall also include 33 preliminary civil and landscape drawings including outline 34 specification showing technical site engineering and storm 35 -5- LSB 5493YC (4) 89 ec/rn 5/ 15

H.F. _____ water detention, topographic survey and existing conditions 1 information, and preliminary geotechnical and environmental 2 reports; tabular and architectural drawings of program elements 3 indicating the room types, sizes, and typical furnishings 4 to include desired building room adjacencies and functional 5 organizational requirements; any electrical, mechanical, 6 structural, plumbing, heating, ventilating, air conditioning, 7 fire protection, life safety, or security systems serving 8 the building, to include outline specifications with project 9 description including general description of systems and 10 finishes; schematic level code review summary; and local 11 permitting requirements. 12 (4) The design bridging criteria package may extend 13 to the schematic design level of detail, including design 14 expectations, capacity, durability, standards, ingress 15 and egress requirements, international building code 16 considerations, performance requirements, the governmental 17 entity’s operational expectations, requirements for interior 18 and exterior spaces, material and building system quality 19 standards, and design and construction schedule timelines. 20 However, if the low-bid design-build selection process is used, 21 the design bridging criteria package shall be extended to 22 include the provisions described in this subparagraph. 23 5. A governmental entity shall publicly disclose its intent 24 to solicit proposals for a design-build contract and its 25 project design bridging criteria package in the same manner 26 that it would post notice for the competitive bidding process 27 in section 26.3. 28 6. In soliciting proposals for a design-build contract, 29 a governmental entity shall establish in the request for 30 proposals a time, place, and other specific instructions for 31 the receipt of proposals. Proposals not submitted in strict 32 accordance with the instructions may be subject to rejection. 33 Minor irregularities may be waived by the governmental entity. 34 7. A request for proposals shall be prepared for each 35 -6- LSB 5493YC (4) 89 ec/rn 6/ 15

H.F. _____ design-build contract and shall contain, at minimum, the 1 following elements: 2 a. The procedures to be followed for submitting proposals, 3 the criteria for evaluating proposals and their relative 4 weight, and the procedure for making awards. 5 b. The proposed terms and conditions for the design-build 6 contract, if available. 7 c. The design bridging criteria package. 8 d. A description of the drawings, specifications, or other 9 information to be submitted with the proposal, with guidance 10 as to the form and level of completeness of the drawings, 11 specifications, or other information that will be acceptable. 12 e. A schedule for planned commencement and completion of the 13 design-build contract, if available. 14 f. Budget limits for the design-build contract, if any. 15 g. Requirements including any available ratings for 16 performance bonds, payment bonds, and insurance, if any. 17 h. If using a two-phase, best-value selection process, 18 the amount of the stipend that will be available and that 19 responsive bidders shall submit a technical proposal and a 20 sealed price proposal. 21 i. If using a low-bid design-build selection process, scope 22 of work, plans, and specifications, the required bid form, the 23 contract completion date or construction days, a design-build 24 evaluation plan identifying the evaluation criteria along with 25 corresponding standards, a description of what constitutes a 26 nonresponsive proposal, and a provision that responsive bidders 27 must submit their design-build technical and sealed price 28 proposals simultaneously. 29 j. Any other information that the governmental entity 30 chooses to request limited to surveys, soil reports, drawings 31 of existing structures, environmental studies, photographs, a 32 firm’s experience as a contractor inclusive of projects in all 33 delivery methods, references to public records, or affirmative 34 action and minority business enterprise requirements consistent 35 -7- LSB 5493YC (4) 89 ec/rn 7/ 15

H.F. _____ with state and federal law. 1 8. A governmental entity seeking to enter into a 2 design-build contract shall solicit design-build proposals 3 either by using a two-phase, best-value, or a low-bid 4 design-build selection process subject to the requirements 5 of this chapter. A two-phase, best-value selection process 6 may be used only if the estimated total cost of the public 7 improvement exceeds the two-phase, best-value threshold. The 8 low-bid design-build selection process may be used only if the 9 estimated total cost of the public improvement exceeds the 10 low-bid design-build threshold. 11 a. When solicitations require a two-phase, best-value 12 selection process, the selection process shall be conducted and 13 a design-build contract awarded as follows: 14 (1) In phase one, the governmental entity or bridging 15 criteria professional on behalf of the governmental entity 16 shall score the technical proposals using the selection 17 criteria in the request for proposals. The governmental entity 18 or bridging criteria professional shall then submit a technical 19 proposal score for each design-builder. The governmental 20 entity or bridging criteria professional shall reject any 21 proposal it deems nonresponsive. 22 (2) In phase two, the governmental entity shall announce 23 the technical proposal score for each design-builder and 24 shall publicly open the sealed price proposals for each 25 design-builder and shall determine an adjusted score for each 26 proposal as follows: 27 (a) If a time factor is not included with the selection 28 criteria in the requests for proposals, the governmental 29 entity shall obtain the adjusted score by dividing each 30 design-builder’s price by the technical score that the 31 governmental entity or bridging criteria professional has given 32 to that design-builder. 33 (b) If a time factor is included with the selection criteria 34 in the requests for proposals, the governmental entity may 35 -8- LSB 5493YC (4) 89 ec/rn 8/ 15

H.F. _____ adjust the design-builder’s price using a value of the time 1 factor established by the governmental entity. The value of 2 the time factor must be expressed as a value per day. The 3 adjustment must be based on the total time value which is the 4 design-builder’s total number of days to complete the project 5 multiplied by the time factor. The time-adjusted price is the 6 total time value plus the bid amount. This adjustment shall 7 only be used for selection purposes and must not affect the 8 governmental entity’s liquidated damages schedule or incentive 9 or disincentive program. An adjusted score will then be 10 obtained by dividing each design-builder’s time-adjusted price 11 by the technical score that the governmental entity or bridging 12 criteria professional has given the design-builder. 13 (3) Unless all proposals are rejected, the governmental 14 entity shall award the contract to the responsive and 15 responsible design-builder with the lowest adjusted score as 16 determined pursuant to this paragraph. The governmental entity 17 shall reserve the right to reject all proposals. 18 (4) As an inducement to qualified design-builders, the 19 governmental entity shall pay a stipend, the amount of which 20 shall be established in the request for proposals, to each 21 design-builder who submitted a proposal but was not accepted. 22 Such stipend shall be no less than one-half of one percent 23 of the total project budget. Upon payment of the stipend to 24 such a design-builder, the governmental entity shall acquire 25 a nonexclusive right to use the design submitted by the 26 design-builder, and the design-builder shall have no further 27 liability for the use of the design by the governmental entity 28 in any manner. If the design-builder desires to retain all 29 rights and interests in the design proposed, the design-builder 30 shall forfeit the stipend. 31 b. When solicitations require a low-bid design-build 32 selection process, the selection process shall be conducted and 33 a design-build contract awarded as follows: 34 (1) The governmental entity shall develop evaluation 35 -9- LSB 5493YC (4) 89 ec/rn 9/ 15

H.F. _____ criteria based on the goals and risks identified for the 1 project. The criteria shall be evaluated on either a scored 2 or a pass or fail basis. To the extent possible, evaluation 3 criteria should have a measurable standard against which 4 responsiveness will be measured on a pass or fail basis. 5 (2) The governmental entity shall first review technical 6 proposals to determine which proposals are responsive to 7 the evaluation criteria in the request for proposals. All 8 responsive proposals meeting the minimum standards shall 9 advance to opening the price proposals. Design-build bidders 10 not meeting the minimum standards shall have their sealed price 11 proposals returned. 12 (3) Following review and evaluation of the technical 13 proposal, the governmental entity shall then open and 14 review the price proposals from the responsive bidders. The 15 governmental entity shall award the contract to the bidder that 16 submits a responsive proposal with the lowest price, if the 17 proposal meets or exceeds all material request for proposals 18 requirements as determined by the governmental entity. To be 19 responsive, the technical proposal must meet or exceed the 20 requirements specified in the request for proposals. 21 9. A governmental entity or the state department of 22 transportation shall not be authorized to enter into an 23 alternative project delivery contract for projects relating to 24 highway, bridge, or culvert construction. 25 Sec. 7. Section 262.56, Code 2022, is amended to read as 26 follows: 27 262.56 Authorization —— contracts —— title. 28 Subject to and in accordance with the provisions of this 29 subchapter the state board of regents is hereby authorized 30 to undertake and carry out any project as defined in section 31 262.55 at the state university of Iowa, Iowa state university 32 of science and technology, and the university of northern 33 Iowa and to operate, control, maintain and manage student 34 residence halls and dormitories, including dining and other 35 -10- LSB 5493YC (4) 89 ec/rn 10/ 15

H.F. _____ incidental facilities, and additions to such buildings at each 1 of said institutions. All contracts for the construction, 2 reconstruction, completion, equipment, improvement, repair or 3 remodeling of any buildings, additions or facilities shall be 4 let in accordance with the provisions of section 262.34 26.3 . 5 The title to all real estate acquired under the provisions of 6 this subchapter and the improvements erected thereon shall be 7 taken and held in the name of the state of Iowa. The board 8 is authorized to rent the rooms in such residence halls and 9 dormitories to the students, officers, guests and employees 10 of said institutions at such rates, fees or rentals as will 11 provide a reasonable return upon the investment, but which will 12 in any event produce net rents, profits and income sufficient 13 to insure the payment of the principal of and interest on all 14 bonds or notes issued to pay any part of the cost of any project 15 and refunding bonds or notes issued pursuant to the provisions 16 of this subchapter . 17 Sec. 8. Section 262A.4, Code 2022, is amended to read as 18 follows: 19 262A.4 Authorization of general assembly and governor. 20 Subject to and in accordance with the provisions of this 21 chapter , the state board of regents after authorization by a 22 constitutional majority of each house of the general assembly 23 and approval by the governor may undertake and carry out any 24 project as defined in this chapter at the institutions now or 25 hereafter under the jurisdiction of the board. The state board 26 of regents is authorized to operate, control, maintain, and 27 manage buildings and facilities and additions to such buildings 28 and facilities at each of said institutions. All contracts 29 for the construction, reconstruction, completion, equipment, 30 improvement, repair or remodeling of any buildings, additions, 31 or facilities shall be let in accordance with the provisions 32 of section 262.34 26.3 . The title to all real estate acquired 33 under the provisions of this chapter and the improvements 34 erected thereon shall be taken and held in the name of the 35 -11- LSB 5493YC (4) 89 ec/rn 11/ 15

H.F. _____ state of Iowa. 1 Sec. 9. Section 263A.2, Code 2022, is amended to read as 2 follows: 3 263A.2 Authorization of general assembly and governor. 4 Subject to and in accordance with the provisions of this 5 chapter , the state board of regents may undertake and carry out 6 any project as defined in this chapter at the state university 7 of Iowa. The state board of regents is authorized to operate, 8 control, maintain, and manage buildings and facilities and 9 additions to such buildings and facilities at said institution. 10 All contracts for the construction, reconstruction, completion, 11 equipment, improvement, repair, or remodeling of any buildings, 12 additions, or facilities shall be let in accordance with the 13 provisions of section 262.34 26.3 . The title to all real 14 estate acquired under the provisions of this chapter and the 15 improvements erected thereon shall be taken and held in the 16 name of the state of Iowa. 17 Sec. 10. Section 314.1, subsection 2, Code 2022, is amended 18 to read as follows: 19 2. Notwithstanding any other provision of law to the 20 contrary, a public improvement that involves the construction, 21 reconstruction, or improvement of a highway, bridge, or culvert 22 and that has a cost in excess of the applicable threshold 23 in section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , 24 as modified by the bid threshold subcommittee pursuant to 25 section 314.1B , shall be advertised and let for bid, except 26 such public improvements that involve emergency work pursuant 27 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 28 city having a population of fifty thousand or less, a public 29 improvement that involves the construction, reconstruction, or 30 improvement of a highway, bridge, or culvert that has a cost 31 in excess of twenty-five thousand dollars, as modified by the 32 bid threshold subcommittee pursuant to section 314.1B , shall be 33 advertised and let for bid, excluding emergency work. However, 34 a public improvement that has an estimated total cost to a 35 -12- LSB 5493YC (4) 89 ec/rn 12/ 15

H.F. _____ city in excess of a threshold of fifty thousand dollars, as 1 modified by the bid threshold subcommittee pursuant to section 2 314.1B , and that involves the construction, reconstruction, or 3 improvement of a highway, bridge, or culvert that is under the 4 jurisdiction of a city with a population of more than fifty 5 thousand, shall be advertised and let for bid. Cities required 6 to competitively bid highway, bridge, or culvert work shall 7 do so in compliance with the contract letting procedures of 8 sections 26.3 through 26.12 . 9 Sec. 11. Section 314.1B, subsection 2, Code 2022, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . f. Beginning July 1, 2023, the subcommittee 12 shall make adjustments to the low-bid design-build threshold 13 as defined in section 26.21 and the two-phase, best-value 14 threshold as defined in section 26.21 for vertical 15 infrastructure in accordance with the methodology of paragraph 16 “b” . 17 Sec. 12. REPEAL. Section 262.34, Code 2022, is repealed. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill concerns public construction bidding procedures 22 for public improvements. 23 The bill provides that services provided by a construction 24 manager, defined as a legal entity that is not a design 25 professional but acts as a consultant to a governmental entity 26 for a public improvement, is subject to the competitive bid 27 requirements of Code chapter 26. 28 The bill amends the definition of governmental entity for 29 purposes of the provisions of Code chapter 26 governing public 30 construction bidding to include the state board of regents. 31 Code section 262.34, providing alternative bidding procedures 32 for state board of regents public improvements, is repealed. 33 Code section 26.7, regarding notice to bidders, is amended 34 to provide that the notice may require bidders to file a 35 -13- LSB 5493YC (4) 89 ec/rn 13/ 15

H.F. _____ statement with the governmental entity showing the bidder’s 1 financial standing, equipment, and experience in similar work. 2 Code section 26.9, regarding award of contract, is amended 3 to allow a governmental entity to reject a bid if the bidder 4 has not performed in accordance with the terms of another 5 contract for a public improvement. 6 New Code section 26.21 allows a governmental entity to use 7 an alternative project delivery contract in circumstances that 8 normally require the governmental entity to use competitive 9 bidding procedures. Currently, most governmental entities must 10 use a competitive bidding process as outlined in Code chapter 11 26 for a public improvement construction project. 12 The bill defines an alternative project delivery contract 13 as a design-build contract and allows for the selection and 14 awarding of a design-build contract under either a two-phase, 15 best-value, or low-bid design-build selection process. The 16 bill defines a design-build contract as a contract between 17 a governmental entity and a design-builder to furnish the 18 architecture of record, engineering of record, and related 19 services as required for a given public project, and to furnish 20 the labor, materials, and other construction services for the 21 same public project. The bill specifies that the two-phase, 22 best-value selection process may be used only for public 23 improvements with an estimated total cost greater than $25 24 million or the adjusted threshold amount as provided in Code 25 section 314.1B. The bill provides that the low-bid selection 26 process may be used for public improvements with an estimated 27 total cost greater than $5 million or the adjusted threshold 28 amount as provided in Code section 314.1B. Code section 29 314.1B is amended to provide the mechanism for adjusting these 30 threshold amounts. 31 Under both design-build contract processes, a governmental 32 entity may retain a bridging criteria professional to advise 33 the governmental entity on design-build matters. The bill 34 specifies what information shall be included in a request for 35 -14- LSB 5493YC (4) 89 ec/rn 14/ 15

H.F. _____ proposals for a design-build contract, to include a design 1 bridging criteria package detailing necessary elements for the 2 public improvement. 3 If the two-phase, best-value process is used, the 4 governmental entity shall first score the technical proposals 5 submitted by design-builders. Then, the governmental 6 entity shall examine the sealed price proposals for each 7 design-builder and calculate an adjusted score by dividing 8 each design-builder’s price by that design-builder’s technical 9 score. The bill provides a mechanism to adjust the sealed 10 price submitted by a design-builder if a time factor is 11 included in the selection criteria. The bill then provides 12 that unless all proposals are rejected, the governmental entity 13 shall award the contract to the responsive and responsible 14 design-builder with the lowest adjusted score. The bill 15 allows the governmental entity to provide a stipend to each 16 design-builder who submitted a proposal but was not awarded the 17 contract. 18 If the low-bid design-build selection process is used, 19 design-builders shall simultaneously submit their technical 20 and sealed price proposals. The bill provides that the 21 governmental entity shall establish measurable evaluation 22 criteria for the project. The governmental entity shall first 23 review the technical proposal to determine whether the proposal 24 meets the minimum standards established through the evaluation 25 criteria. Following review and evaluation of the technical 26 proposal, the governmental entity shall only review the price 27 proposals from bidders that meet the minimum requirements for 28 the project and award the contract to the bidder that submits a 29 proposal that meets or exceeds the evaluation criteria with the 30 lowest price. 31 The bill provides that an alternative project delivery 32 contract shall not be authorized for projects relating to 33 highway, bridge, or culvert construction. 34 -15- LSB 5493YC (4) 89 ec/rn 15/ 15