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A&E outlines procurement steps, limits and timeline pressures for state building projects

March 18, 2026 | 2026 Legislature MT, Montana


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A&E outlines procurement steps, limits and timeline pressures for state building projects
Mr. Catherman of the state Architecture & Engineering (A&E) office walked the Interim Building Committee on Facilities through two procurement tracks: (1) the administrative and legislative steps that follow passage of an appropriation and (2) the project‑level flow—procure A&E services, design, bid, award, then construction and warranty. He said the two largest drivers of time and cost are the design period and the construction duration.

Catherman reviewed the statutory framework he must follow. He cited public building references in Title 50, the practice of architecture and engineering in Title 37, and procurement rules in Title 18. He said state law requires that selection of architects and engineers be based on qualifications only and that price may not be a factor in the selection step; price is negotiated after a qualifications‑based selection is made. "The statute requires that we negotiate those services, the price for that project after the selection has been made," he said.

Committee members asked how design‑build and the newer progressive design‑build approaches fit into the statutory model. Catherman said progressive design‑build is increasingly used nationwide but raises questions about how price is considered during selection and that the state’s process for that delivery method needs refinement.

Catherman and Bob Warfel, who handles procurement and contracting oversight for the office, described practical ways the office shortens procurement time: maintaining a qualified firms list for general needs, using project‑specific requests for qualifications, and shortlisting three firms for director review and final selection. Catherman said the office is also exploring how to tighten scope definition and reduce the number of stakeholders involved during design to accelerate decisions.

On permitting and construction execution, staff credited Senate Bill 33 with moving state building code oversight to the Department of Labor and reported markedly shorter permit turnaround in many jurisdictions. The group also discussed trade‑specific labor shortages and long lead times for materials—electrical work and certain switchgear were singled out as constraints that can slow projects.

No statutory changes were adopted at the meeting; staff said they would consider committee suggestions (including possible language on ranking criteria or bidder remedies) and follow up with the committee and administration on policy options.

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