Section 554-8-3 - Alternative Delivery System Review PanelSummary: 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. FacilitationA. 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. MeetingsA. 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 methodB. 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 DeliveryA. 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 MembersThe 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.
18- 554 C.M.R. ch. 8, § 3
EFFECTIVE DATE:
December 31, 2006STATUTORY AUTHORITY: 5 M.R.S.A. §1743