BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to Alternative Project Delivery Methods

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NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On July 10, 2023, the Department of Transportation proposes to adopt the above-stated rule.

 

2.  The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require accommodation, contact the Department of Transportation no later than 5:00 p.m. on June 30, 2023, to advise us of the nature of the accommodation that you need. Please contact John Pavsek, Department of Transportation, Alternative Contracting Section Supervisor, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6213; fax (406) 444-9263; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected].

 

3. The rule proposed to be adopted provides as follows:

 

            NEW RULE I ALTERNATIVE CONTRACT PROJECT DELIVERY METHODS (1) Construction manager general contractor experience will not be a required scoring criteria for highway construction projects.

(2)  The department must weight the in-person interview of each shortlisted proposer as at least half of the technical score.  The technical proposal will account for the balance of the technical score.

 

AUTH: 60-2-201, 60-3-101, MCA

IMP:  60-2-111, 60-2-112, 60-2-134, 60-2-201, MCA; Ch. 145, L. 2023, Section 1

 

REASON: The 2023 Legislature enacted Senate Bill 57 (SB 57), Ch 145, L. 2023. SB 57 allows the Transportation Commission and the department to use alternative project delivery methods for letting contracts, including the directive that each proposer submit a technical proposal for the department to score.  Proposed New Rule I will ensure that no construction manager or general contractor experience will be required of responding parties for highway construction projects using alternative contract delivery. Proposed New Rule I is necessary to implement the bill and provide consistent scoring criteria for project proposals.

 

4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: John Pavsek, Department of Transportation, Alternative Contracting Section Supervisor, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6213; fax (406) 444-9263; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected], all of which must be received no later than 5:00 p.m., July 7, 2023.

 

5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to John Pavsek at the above address no later than 5:00 p.m., July 7, 2023.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be one person based on seven contractors who have bid on alternative contracting projects during SFY 2023 to date.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the Department of Transportation website at www.mdt.mt.gov.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email and U.S. mail on March 24, 2023.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.

 

11.  With regard to the requirements of 2-15-142, MCA, the department has determined that the adoption of the above-referenced rule will not have direct tribal implications.

 

 

/s/ Valerie A. Balukas                                  /s/ Malcolm D. Long                       

Valerie A. Balukas                                       Malcolm D. Long

Rule Reviewer                                             Director

                                                                     Department of Transportation

           

Certified to the Secretary of State May 30, 2023.