1. 1. Notwithstanding subsection 3 of section 8.231 and section 34.040, RSMo, the division of design and construction is hereby authorized to contract for guaranteed energy cost savings contracts by selecting a bid for proposal from a contractor or team of contractors using the following criteria:

   1. (1) The specialized experience and technical competence of the firm or team with respect to the type of services required;
   2. (2) The capacity and capability of the firm or team to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; and
   3. (3) The past record of performance of the firm or team with respect to such factors as control of costs, quality of work and ability to meet schedules.
2. 2. Each guaranteed energy cost saving contract, authorized pursuant to this section, shall reduce the estimated energy consumption by a minimum of twelve percent or reduce the cost of energy and related savings by a minimum of twelve percent.
3. 3. The guaranteed energy cost saving contract shall otherwise be in accordance with the provisions of section 8.231.
4. 4. The division of design and construction is authorized to use this procurement process for eight projects.

(L. 2002 S.B. 810)