2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 2. Construction Contracts › Part 5. Alternative Project Delivery Contracts › 18-2-502. Alternative project delivery contract -- authority -- criteria

18-2-502. (Temporary) Alternative project delivery contract -- authority -- criteria.
(1) Subject to the provisions of this part, a state agency or a governing body may use an alternative project delivery contract. A state agency or governing body that uses an alternative project delivery contract shall:
(a) demonstrate that the state agency or the governing body has or will have knowledgeable staff or consultants who have the capacity to manage an alternative project delivery contract;
(b) clearly describe the manner in which:
(i) the alternative project delivery contract award process will be conducted; and
(ii) subcontractors and suppliers will be selected.
(2) Prior to awarding an alternative project delivery contract, the state agency or the governing body shall determine that the proposal meets at least two of the sets of criteria described in subsections (2)(a) through (2)(c) and the provisions of subsection (3). To make the determination, the state agency or the governing body shall make a detailed written finding that:
(a) the project has significant schedule ramifications and using the alternative project delivery contract is necessary to meet critical deadlines by shortening the duration of construction. Factors that the state agency or the governing body may consider in making its findings include, but are not limited to:
(i) operational and financial data that show significant savings or increased opportunities for generating revenue as a result of early project completion;
(ii) demonstrable public benefits that result from less time for construction; or
(iii) less or a shorter duration of disruption to the public facility.
(b) by using an alternative project delivery contract, the design process will contribute to significant cost savings. Significant cost savings that may justify an alternative project delivery contract may derive from but are not limited to value engineering, building systems analysis, life cycle analysis, and construction planning.
(c) the project presents significant technical complexities that necessitate the use of an alternative delivery project contract.
(3) The state agency or the governing body shall make a detailed written finding that using an alternative project delivery contract will not:
(a) encourage favoritism or bias in awarding the contract; or
(b) substantially diminish competition for the contract.
(4) In addition to meeting the criteria set forth in subsections (1) through (3), a state agency or governing body that utilizes a comprehensive agreement must, for each project:
(a) demonstrate a public purpose; and
(b) demonstrate that the innovative financing delivery favors the innovative financing contract method over other available procurement and alternative project delivery methods.(Terminates July 1, 2033--sec. 6, Ch. 418, L. 2023.)
18-2-502. (Effective July 2, 2033) Alternative project delivery contract -- authority -- criteria.
(1) Subject to the provisions of this part, a state agency or a governing body may use an alternative project delivery contract. A state agency or governing body that uses an alternative project delivery contract shall:
(a) demonstrate that the state agency or the governing body has or will have knowledgeable staff or consultants who have the capacity to manage an alternative project delivery contract;
(b) clearly describe the manner in which:
(i) the alternative project delivery contract award process will be conducted; and
(ii) subcontractors and suppliers will be selected.
(2) Prior to awarding an alternative project delivery contract, the state agency or the governing body shall determine that the proposal meets at least two of the sets of criteria described in subsections (2)(a) through (2)(c) and the provisions of subsection (3). To make the determination, the state agency or the governing body shall make a detailed written finding that:
(a) the project has significant schedule ramifications and using the alternative project delivery contract is necessary to meet critical deadlines by shortening the duration of construction. Factors that the state agency or the governing body may consider in making its findings include, but are not limited to:
(i) operational and financial data that show significant savings or increased opportunities for generating revenue as a result of early project completion;
(ii) demonstrable public benefits that result from less time for construction; or
(iii) less or a shorter duration of disruption to the public facility.
(b) by using an alternative project delivery contract, the design process will contribute to significant cost savings. Significant cost savings that may justify an alternative project delivery contract may derive from but are not limited to value engineering, building systems analysis, life cycle analysis, and construction planning.
(c) the project presents significant technical complexities that necessitate the use of an alternative delivery project contract.
(3) The state agency or the governing body shall make a detailed written finding that using an alternative project delivery contract will not:
(a) encourage favoritism or bias in awarding the contract; or
(b) substantially diminish competition for the contract.
History: En. Sec. 2, Ch. 574, L. 2005; amd. Sec. 2, Ch. 418, L. 2023.