2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 2. Construction Contracts › Part 5. Alternative Project Delivery Contracts › 18-2-501. Definitions

18-2-501. (Temporary) Definitions.
As used in this part, unless the context clearly requires otherwise, the following definitions apply:
(1) "Alternative project delivery contract" means a construction management contract, a general contractor construction management contract, a design-build contract, or a comprehensive agreement.
(2) "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. This selection must be based on criteria that have been communicated to the proposers in the final request for proposals.
(3) "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.
(4) "Construction management contract" means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion.
(5) "Contractor" has the meaning provided in 18-4-123.
(6) "Design-build contract" means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner.
(7) "Eligible project" means any asset owned by a state agency or governing body, except for toll roads, toll bridges, and any broadband infrastructure projects.
(8) "General contractor construction management contract" means a contract in which the general contractor, in addition to providing the preconstruction, budgeting, and scheduling services, procures necessary construction services, equipment, supplies, and materials through competitive bidding contracts with subcontractors and suppliers to construct the project.
(9) "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.
(10) "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. In doing so, the state agency or governing body may pay for the development of the eligible project with public funds appropriated to that eligible project, including fees to compensate the private party for the operation and maintenance of the project for the defined term.
(11) "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.
(12) "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.
(13) "Request for proposals" means the final solicitation document requesting detailed proposals from short-listed, qualified proposers for evaluation and selection.
(14) "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. (Terminates July 1, 2033--sec. 6, Ch. 418, L. 2023.)
18-2-501. (Effective July 2, 2033) Definitions.
As used in this part, unless the context clearly requires otherwise, the following definitions apply:
(1) "Alternative project delivery contract" means a construction management contract, a general contractor construction management contract, or a design-build contract.
(2) "Construction management contract" means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion.
(3) "Contractor" has the meaning provided in 18-4-123.
(4) "Design-build contract" means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner.
(5) "General contractor construction management contract" means a contract in which the general contractor, in addition to providing the preconstruction, budgeting, and scheduling services, procures necessary construction services, equipment, supplies, and materials through competitive bidding contracts with subcontractors and suppliers to construct the project.
(6) "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.
(7) "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.
(8) "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.
(9) "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.
History: En. Sec. 1, Ch. 574, L. 2005; amd. Sec. 1, Ch. 29, L. 2009; amd. Sec. 2, Ch. 54, L. 2017; amd. Sec. 1, Ch. 147, L. 2017; amd. Sec. 2, Ch. 111, L. 2021; amd. Sec. 8, Ch. 96, L. 2023; amd. Sec. 1, Ch. 418, L. 2023.