90-4-1112. Selection of qualified energy service providers. (1) Before entering into an energy performance contract, a governmental entity shall solicit a request for proposals from a minimum of three qualified energy service providers. The governmental entity may award the performance contract to the qualified energy service provider determined by the governmental entity to best meet the needs of the governmental entity. The qualified energy service provider selected is not required to have submitted the proposal with the lowest cost.

(2) In selecting a qualified energy service provider, a governmental entity shall consider:

(a) experience with:

(i) design, engineering, and installation of cost-saving measures;

(ii) overall project management;

(iii) projects of similar size and scope;

(iv) postinstallation measurement and verification of guaranteed cost savings;

(v) in-state projects and Montana-based subcontractors;

(vi) commissioning of projects;

(vii) training of building operators; and

(viii) conversions to a different fuel source; and

(b) quality of technical approach.