UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor) BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE TRANSPORTATION COMMISSION TO TEMPORARILY IMPLEMENT AN ALTERNATIVE BIDDING PROCESS FOR HIGHWAY CONSTRUCTION PROJECTS; AMENDING SECTION 60-2-112, MCA; AND PROVIDING A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Alternative bidding. (1) Notwithstanding the provisions of 18-1-102, 18-4-302, and 60-2-112, the commission may advertise for and award contracts by means other than competitive bidding under the following terms and conditions:
(a) the amount of funds contracted may not exceed $10 million during a federal fiscal year;
(b) the contracts must be for federal-aid projects; and
(c) the department shall provide an annual cost-benefit analysis to the commission that demonstrates the benefit of the contract method employed.
(2) The commission and the department shall jointly prepare a report for the 57th legislature that includes:
(a) the type of contracting method implemented under this section;
(b) a listing of projects by locations and amounts contracted for under this section;
(c) an opinion of the cost-benefit consideration as compared to similar projects in the same period using competitive low bid contracting methods; and
(d) a recommendation to either eliminate, continue, or expand the alternative construction contract process authorized in this section.
Section 2. Section 60-2-112, MCA, is amended to read:
"60-2-112. Competitive bidding. (1) Except as provided in [section 1] and subsections (2) through (4) of this section, when the estimated cost of any work exceeds $50,000, the commission shall let the contract by competitive bidding to the lowest responsible and responsive bidder. Award must be made upon the notice and terms that the commission prescribes by its rules. However, except when prohibited by federal law, the commission shall make awards and contracts in accordance with 18-1-102 and 18-1-112.
(2) The commission may let a contract by means other than competitive bidding if it determines that special circumstances so require. The commission shall specify the special circumstances in writing.
(3) The commission may enter into contracts with units of local government for the construction of projects without competitive bidding if it finds that the work can be accomplished at lower total costs, including total costs of labor, materials, supplies, equipment usage, engineering, supervision, clerical and accounting services, administrative costs, and reasonable estimates of other costs attributable to the project.
(4) The commission may delegate to the department the authority to enter, without competitive bidding, agreed-upon price contracts for projects costing $50,000 or less."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 60, chapter 2, part 1, and the provisions of Title 60, chapter 2, part 1, apply to [section 1].
NEW SECTION. Section 4. Termination. [This act] terminates June 30, 2001.
- END -
Latest Version of LC 147 (LC0147.01)
Processed for the Web on November 9, 1998 (10:41AM)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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