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SL2006 -0232 Page .3 or 5 L%J 1111. r.111VU11. LL,`, N VL l v Lieu uvaa a aaau.a v. -- 1 — contractors. The prequalification criteria if any, shall be determined the local board of education and the private developer to address quali performance the time specified in the bids for performance of the contract the cost of construction oversight, time for completion, capacity to perform, and L2 Llll..a,...l ....ua...,.., L The local board of education shall require the private developer to submit its plan for compliance with G.S. 143 -128.2 for approval by the local board of education prior to the private developer soliciting bids under this subsection. A private developer or its construction manager at risk shall publicly advertise at least 30 days m advance of the bid date m a newspaper having General circulation within the eeoaraphic areas served by the local board of education shall open bids publicly and shall award each contract to the lowest responsible, responsive and pregualified bidder taking into consideration quali erformance, the time specified in the bids for performance of the contract the cost of construction oversight time for completion, compliance with G S 143 -128.2 and any other factors deemed appropriate by the private developer and the local board of education and included m the bid solicitation. A private developer or its construction manager at risk shall enter into the construction contracts directly with the successful bidder. After the award of a contract or contracts, the private developer or its construction manager at risk and any contractor ma negotiate and reach agreement with the successful bidder on modifications to all aspects of the contract including the time for performance, the scope of the wor c, and the price to be paid. The local board of education in its discretion may require the private http: / /www.ncleg,net/Sessions/ 2005 /Bills /Senate/HTML /S2009v4.html 8/21/2006