Neb. Rev. Stat. § 37-1729

(1) Before the construction manager begins any construction services, the commission 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 commission are unable to negotiate a contract, the commission 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 commission shall be eligible to compete in the other contract procurement processes.