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MISSOURI STATUTES AND CODES

8.235. Office of administration to contract for guaranteed energy cost savings contracts by bid, criteria--use of funds by governmental units--procurement implementation date.

Office of administration to contract for guaranteed energy costsavings contracts by bid, criteria--use of funds by governmentalunits--procurement implementation date.

8.235. 1. Notwithstanding subsection 3 of section 8.231 and section34.040, RSMo, the office of administration is hereby authorized to contractfor guaranteed energy cost savings contracts by selecting a bid for proposalfrom a contractor or team of contractors using the following criteria:

(1) The specialized experience and technical competence of the firm orteam with respect to the type of services required;

(2) The capacity and capability of the firm or team to perform the workin question, including specialized services, within the time limitations fixedfor the completion of the project. The scope of work identified in the reportof energy audit findings shall be developed and executed in a manner that bestmeets the needs of the governmental unit. For the purposes of this sectionand section 8.237, "best meets the needs of the* governmental unit" means, butis not limited to, on a cost-effective and timely basis but not otherwiseinconsistent with the provisions provided herein; and

(3) The past record of performance of the firm or team with respect tosuch factors as control of costs, quality of work and ability to meetschedules.

2. The guaranteed energy cost saving contract shall otherwise be inaccordance with the provisions of section 8.231.

3. Other state governmental units may procure these services inaccordance with this section.

4. A governmental unit may use designated funds, bonds, or master leasefor any guaranteed energy cost savings contract including purchases usinginstallment payment contracts or lease purchase agreements, so long as thatuse is consistent with the purpose of the appropriation.

5. Other state governmental units shall participate in the procurementof these services, in accordance with sections 8.231 and 8.237 withimplementation beginning on or prior to June 1, 2006.

(L. 2002 S.B. 810, A.L. 2004 H.B. 1599)

*Word "the" does not appear in original rolls.

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