(1) Design and construction of private correctional facilities must conform to applicable American Correctional Association standards for prisons.

(2) Prior to initiating facility construction, design and construction of private correctional facilities must be reviewed and approved by the Montana Department of Administration Architectural and Engineering Division (A&E), and the department.

(3) Prior to commencing operations, the prevailing proposer must obtain letters of approval from A&E and the department.

(4) Design and construction of private correctional facilities must conform to all applicable federal, state, and local codes.

(a) Compliance must be documented by the authority having jurisdiction.

(b) Successful proposers shall provide the department and A&E with copies of all building and occupancy permits.

(5) Any contractor or subcontractor performing construction of any type on private correctional facilities shall perform work in accordance with all state and local laws, rules and ordinances.