(1) Before the construction manager begins any construction services, the authorized agency shall:

(a) Conduct an independent cost estimate for the project; and

(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.

(2) If the construction manager and the authorized agency are unable to negotiate a contract, the authorized agency may use other contract procurement processes as provided by law. Persons or organizations who submitted proposals but were unable to negotiate a contract with the authorized agency shall be eligible to compete in the other contract procurement processes.