Current through 2024-38, September 18, 2024
Summary:
5 M.R.S.A.
§1743 authorizes the Director to
establish the Alternative Delivery System Review Panel to advise the Director
in developing alternative project delivery policies, procedures, rules, and in
selecting public improvement projects for construction under an alternative
delivery method.
1.
Facilitation
A. The Director shall
appoint a Review Panel facilitator from BGS staff.
B. The facilitator shall coordinate the work
and functions of the Review Panel; moderate at any meetings of the Review
Panel; and act as the Review Panel's liaison with the Director, communicating
with the Director as necessary to implement the purposes of 5 M.R.S.A.
§1743.
2.
Meetings
A. The Review Panel shall
meet when requested by the Director for advice or recommendation as to (i)
developing alternative project delivery policies, procedures, and/or rules, or
(ii) selecting public improvement projects for construction under an
alternative delivery method
B. When
requested to meet by the Director, the Review Panel may either convene at a
single location or may communicate electronically or by other means to arrive
at their recommendation.
C. At
least four (4) members of the Review Panel, or their alternates, must
participate in a meeting to review and make a recommendation as to a matter
requested by the Director.
3.
Recommendation for Selection of
Projects for Alternative Delivery
A.
When the Director has asked the Review Panel for a recommendation as to whether
a public improvement project should be constructed under an alternative
delivery method, the Bureau shall provide the Review Panel with sufficient
information about the project to assist the Review Panel to make an informed
recommendation based on the criteria specified in 5 M.R.S.A.
§1743(4)(B).
B. When making a
recommendation to the Director as to whether a project should be selected for
construction under an alternative delivery method, the Review Panel shall apply
the criteria specified in 5 M.R.S.A. §1743(4)(B) and make the
recommendation in writing. The written recommendation must state (i) whether
the project should be selected for alternative delivery method or should be
awarded by conventional design-bid-build method; (ii) the reasons why the
Review Panel recommends or declines to recommend the project for an alternative
delivery method; and, (iii) if the Review Panel recommends the project for an
alternative delivery method, the particular type of alternative delivery method
and the reasons for the recommendation.
C. If any members of the Review Panel dissent
from the recommendation of a majority of the Panel, the Panel's written
response to the Director must identify the nature of each differing
recommendation, the identity of the Panel members favoring each such
recommendation, and their reasons for supporting the differing
recommendation.
D. The written
recommendation of the Review Panel will be distributed by the facilitator to
panel members for review within one business day of the meeting, with any
responses due within 2 business days of that transmission, and then sent to the
Director within 5 business days of the meeting.
E. The Director's written decision will be
sent to the applicant within 5 business days of receipt of the Review Panel's
recommendation.
4.
List of Members
The Bureau shall prepare and maintain a list of all members
including designated alternates of the Review Panel. The list shall specify the
member's category of membership in accordance with 5 M.R.S.A. §1743(4)(A)
(1-4), the date of expiration of the member's term, whether the member is a
regular member or an alternate, and the member's contact information.
STATUTORY AUTHORITY:
5 M.R.S.A.
§1743
