2019 Legislation Affecting Our Region

Montana – Bill 793, entitled, “AN ACT REVISING THE PROCUREMENT OF ARCHITECTURAL, ENGINEERING, AND LAND SURVEYING SERVICES WHEN A PRIVATE ENTITY CONTRIBUTES FUNDING TO A PROPOSED PROJECT FOR THE MONTANA UNIVERSITY SYSTEM; AND AMENDING SECTION 18-8-204, MCA”
 
Description: If a proposed project is for the Montana University system, and a private entity (a person, a person’s estate, or an organization, except for a governmental organization) is providing at least 20% of the funding, then the procurement agency shall consider:
    (i) the presence of a staffed office of the proposer within the city or county in which the proposed project will     be constructed; or
    (ii) the presence of a staffed office of the proposer within 50 miles of the proposed project site if no qualified     firm maintains a staffed office within the city or county in which the proposed project will be constructed.
    In other words, when the Montana University system puts a project out for bid, and a private entity will     provide at least 20% of the funding, the University system will consider how close the bidder’s physical office     is to the city or county of the proposed project or whether the bidder has an office within 50 miles of the     proposed project site. 

How it might impact the practitioner: In theory, this proposed addition to the existing statute would allow for more public-private partnership projects, but those who have offices close to Montana University or the proposed project may be more likely to be considered for the work since proximity to the project or University would be an additional consideration in the procurement process.
 
               For more information click here!

Montana – Bill 307, entitled, “AN ACT GENERALLY REVISING ALTERNATIVE PROJECT DELIVERY LAWS; REVISING AND PROVIDING DEFINITIONS; PROVIDING REQUIREMENTS FOR AWARDING A COMPREHENSIVE AGREEMENT; PROVIDING STIPENDS TO QUALIFIED UNSUCCESSFUL RESPONDENTS TO A REQUEST FOR PROPOSAL; SETTING BASIC MINIMUM REQUIREMENTS FOR A SOLICITED PROPOSAL UNDER AN INNOVATIVE FINANCING DELIVERY OPTION; PROVIDING ADDITIONAL CRITERIA FOR SELECTING AND AWARDING INNOVATIVE FINANCING DELIVERY OPTIONS; PROVIDING FOR OTHER RESTRICTIONS ON COMPREHENSIVE AGREEMENTS; AMENDING SECTIONS 18-2-501, 18-2-502, AND 18-2-503, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."  

Description: Defines the meaning of “Best Value,” Eligible Project,” “Comprehensive Agreement,” and “Innovative Financing Delivery,” among others.  It also states that when a state agency is using an Innovation Financing Delivery method, meaning a proposed public project with some private funding, it must base the RFP on a best value analysis and consider several factors, such as, an analysis of the costs, benefits, and risk transfers resulting from the innovative financing delivery, and a detailed schedule and construction plans, among several others considerations.
 
How it might impact the practitioner: To the practitioner, it means that before a state agency in Montana puts out a solicitation for a public project that may involve at least some private money, the state agency needs to take a deep dive into the specific plan for the project, the financing of it, the project’s schedule, a list of permits that will be required for the work, etc.
 
                For more information click here!‚Äč

Utah – Bill 483, “SCHOOL CONSTRUCTION PROJECTS AMENDMENTS”
 
Description: The revision to the existing statute clarified that a) a local school board must procure architecture services for a school construction project separately from procuring general contracting or other construction services, and b) a local school board may not issue a design-build contract for a school construction project.  In other words, this proposed bill clarified that design-build could not be chosen as a delivery method by a local school board.
 
How it might impact the practitioner: This proposed bill, which has failed this session, would have made clear that design-build is not a delivery method that can be used in public schools in Utah.
 
            For more information click here!
 


Region Sponsors