Montana Code 18-2-503. Alternative project delivery contract — award criteria
18-2-503. (Temporary) Alternative project delivery contract — award criteria. (1) (a) Whenever a state agency or a governing body determines, pursuant to 18-2-502, that an alternative project delivery contract is justifiable, the state agency or the governing body shall publish a request for qualifications.
Terms Used In Montana Code 18-2-503
- Alternative project delivery contract: means a construction management contract, a general contractor construction management contract, a design-build contract, or a comprehensive agreement. See Montana Code 18-2-501
- Best value: means a procurement in which the decision is based on the primary objective of meeting the specific goals and best interests of the state agency or governing body, including but not limited to qualifications, technical, design, pricing, financing viability, and schedule. See Montana Code 18-2-501
- Comprehensive agreement: means an agreement setting forth the firm fixed price, duration, risk transfer, and all other commercial and technical terms to be adhered to with respect to an awarded eligible project utilizing innovative financing delivery with a private party. See Montana Code 18-2-501
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: has the meaning provided in 18-4-123. See Montana Code 18-2-501
- Eligible project: means any asset owned by a state agency or governing body, except for toll roads, toll bridges, and any broadband infrastructure projects. See Montana Code 18-2-501
- Governing body: means :
(a)the legislative authority of:
(i)a municipality, county, or consolidated city-county established pursuant to Title 7, chapter 1, 2, or 3;
(ii)a school district established pursuant to Title 20; or
(iii)an airport authority established pursuant to Title 67, chapter 11;
(b)the board of directors of a county water or sewer district established pursuant to Title 7, chapter 13, parts 22 and 23; or
(c)the trustees of a fire district established pursuant to Title 7, chapter 33, or the county commissioners or trustees of a fire service area established pursuant to 7-33-2401. See Montana Code 18-2-501
- Innovative financing delivery: means a project delivery method whereby a state agency or a governing body procures an eligible project that includes private financing and any combination of design, build, operate, or maintain with a private party. See Montana Code 18-2-501
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Project: means any construction or any improvement of the land, a building, or another improvement that is suitable for use as a state or local governmental facility. See Montana Code 18-2-501
- Publish: means publication of notice as provided for in 7-1-2121, 7-1-4127, and 20-9-204 or the provision of public notice pursuant to 18-2-301. See Montana Code 18-2-501
- Request for proposals: means the final solicitation document requesting detailed proposals from short-listed, qualified proposers for evaluation and selection. See Montana Code 18-2-501
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State agency: has the meaning provided in 2-2-102, except that the department of transportation, provided for in 2-15-2501, is not considered a state agency. See Montana Code 18-2-501
- Writing: includes printing. See Montana Code 1-1-203
(b)After evaluating the responses to the request for qualifications, a request for proposals must be sent to each respondent that meets the qualification criteria specified in the request for qualifications. The request for proposals must clearly describe the project, the state agency’s or the governing body’s needs with respect to the project, the requirements for submitting a proposal, criteria that will be used to evaluate proposals, and any other factors, including any weighting, that will be used to award the alternative project delivery contract.
(2)The state agency’s or the governing body’s decision to award an alternative project delivery contract must be based, at a minimum, on:
(a)the applicant’s:
(i)history and experience with projects similar to the project under consideration;
(ii)financial health;
(iii)staff or workforce that is proposed to be committed to the project;
(iv)approach to the project; and
(v)project costs; and
(b)any additional criteria or factors that reflect the project’s characteristics, complexities, or goals.
(3)Under any contract awarded pursuant to this part, architectural services must be performed by an architect, as defined in 37-65-102, and engineering services must be performed by a professional engineer, as defined in 37-67-101.
(4)At the conclusion of the selection process, the state agency or the governing body shall state and document in writing the reasons for selecting the contractor that was awarded the contract. The documentation must be provided to all applicants and to anyone else, upon request.
(5)A state agency or the governing body may compensate qualified unsuccessful respondents to the request for proposal with a designated stipend for the ownership of the work product in the unsuccessful proposal and partial reimbursement for costs incurred in developing and submitting a proposal, provided that all unsuccessful applicants are treated equitably.
(6)When utilizing an innovative financing delivery option under this part, a state agency or the governing body shall follow the applicable procurement guidelines, including all applicable rules and law regarding competitive public procurement required under Montana law.
(7)When utilizing an innovative financing delivery option under this part, a state agency or the governing body shall, prior to issuing a request for proposals, establish an evaluation and selection process, including identifying the individuals who will perform the evaluation and selection. The state agency or the governing body shall endeavor to utilize individuals in the evaluation and selection process who have expertise in the subject matter.
(8)Awarding of a comprehensive agreement must be based on a best value analysis.
(9)At a minimum, a solicited proposal under an innovative financing delivery option must include the following:
(a)an analysis of the costs, benefits, and risk transfers resulting from the innovative financing delivery;
(b)a fixed fee price for the entirety of the comprehensive agreement, inclusive of design, construction, financing, operation, or maintenance, as applicable, and reflecting all risk transfer set forth in the terms of the final request for proposals;
(c)a detailed schedule and construction plans;
(d)a detailed financing plan and financial model for the lifetime of the comprehensive agreement, including any public funding or milestone payments during construction;
(e)a list of known utilities and rights-of-way that will be impacted by the project;
(f)a list of permits and governmental approvals required for the project; and
(g)a plan for utility relocation and right-of-way acquisition to the extent required by the final request for proposals.
(10)In addition to the provisions set forth in this part, comprehensive agreements may not:
(a)violate public construction contract provisions provided for in Title 18, chapter 2, part 4; or
(b)transfer ownership of a public asset to a private party.
(11)If operation and maintenance of an existing facility subject to an innovative financing delivery contract under this section is performed by employees covered by a collective bargaining agreement prior to becoming an eligible project for innovative financing delivery, the employees performing operation and maintenance of the completed facility must also be covered by a collective bargaining agreement.(Terminates July 1, 2033–sec. 6, Ch. 418, L. 2023.)