SUMMARY OF P3 LEGISLATIVE STATUS:
Does this state have broadly enabling P3 legislation?
P3 statutory authority is not currently enabled for transportation infrastructure, municipal facilities or environmental projects in Montana.
Does the state allow for unsolicited proposals?
Montana's current statutory authority does not address any allowance for submission and consideration of unsolicited proposals for P3s.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Fair and open competitive bidding is the standard for procurement of goods and services in support of the needs of the citizens of the state of Montana.
Does the state have resources dedicated to P3s?
There is not currently identified a centralized agency for P3 procurements.
Is this a Home Rule state, with limitations or opportunities for P3?
In general, a city or town in Montana can exercise a power or function through the approval of its legislative body (town meeting, city council or town council) and its voters. They can exercise any power through the adoption of an ordinance, by-law or charter that the state legislature has the authority to delegate.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Each infrastructure project is subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
State transportation projects may be eligible for TIFIA financing support, but there is no provision for private sector investment in public infrastructure. Water projects may be eligible for WIFIA financing support; but there are no comparable private investment provisions for water-related projects.
What project types or asset classes are eligible for P3s in this state?
There are no P3 eligible asset classes Montana.
Are there projects where the P3 procurement method has been applied?
There have not been any P3 procurements for public works infrastructure in Montana.