Mont. Code Ann. § 18-11-109 — MT Code / Title 18 / Chapter 11 / Part 1 / Section 18-11-109
18-11-109 Authorization to appropriate funds for purpose of agreement
Status: in_force

18-11-109 . Authorization to appropriate funds for purpose of agreement. Any public agency entering into an agreement pursuant to this chapter may appropriate funds for and may sell, lease, or otherwise give or supply material to any entity created for the purpose of performance of the agreement and may provide such personnel or services therefor as is within its legal power to furnish.
Mont. Code Ann. § 18-5-403 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-403
18-5-403 Certification and eligibility of blind persons
Status: in_force

18-5-403 . Certification and eligibility of blind persons. (1) The department shall certify for the purposes of this part and the federal Randolph-Sheppard Act, as amended, those persons who are blind persons as defined in this part who the department has determined are in need of vocational opportunities and are qualified to operate vending facilities.

(2) Any person or vendor operating a vending facility under the auspices of the blind vendor program administered by the department prior to October 1, 1981, may be certified as a blind vendor for the purposes of this part.

(3) Only certified blind persons are eligible for the vocational opportunities provided in this part.
Mont. Code Ann. § 18-4-234 — MT Code / Title 18 / Chapter 4 / Part 2 / Section 18-4-234
18-4-234 Competition
Status: in_force

18-4-234 . Competition. All specifications shall promote overall economy for the purposes intended and encourage competition in satisfying the state's needs and may not be unduly restrictive.
Mont. Code Ann. § 18-1-402 — MT Code / Title 18 / Chapter 1 / Part 4 / Section 18-1-402
18-1-402 Administrative procedures -- exhaustion -- time limitations
Status: in_force

18-1-402 . Administrative procedures -- exhaustion -- time limitations. Whenever any contracting agency of the state of Montana provides a procedure for the settlement of any question or dispute arising between the contractor and the agency, the contractor, before proceeding to bring an action in court under the provisions of this part, shall resort to the procedure within the time specified in the contract or, if a time is not specified, within 90 days after the question or dispute has arisen, provided:

(1) in a case in which a settlement procedure is provided by the contracting agency, all actions authorized under this section must be commenced within 1 year after a final decision has been rendered pursuant to the settlement procedure; and

(2) in a case in which a settlement procedure is not provided by the contracting agency, the action must be commenced by the contractor within 1 year after the cause of action has arisen.
Mont. Code Ann. § 18-5-601 — MT Code / Title 18 / Chapter 5 / Part 6 / Section 18-5-601
18-5-601 Findings -- policy
Status: in_force

18-5-601 . Findings -- policy. (1) The legislature finds that:

(a) the advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology;

(b) the use of interactive visual display terminals by the state is becoming a widespread means of access for public employees and the public to obtain information available electronically, but nonvisual access, whether by speech, Braille, or other appropriate means, has not been systematically incorporated into the procurement process for new information technology;

(c) presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life, such as education and employment;

(d) alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and the use of the information presented are possible by both visual and nonvisual means;

(e) the goals of the state in obtaining and deploying new forms of technology properly include universal access so that segments of society with particular needs, including individuals who are unable to use visual displays, will not be left out of the information age; and

(f) although access to programs, technology, and information is provided for under other state and federal law and, in many instances, compels the installation and availability of nonvisual technology adaptations, access to information technology is most effectively accomplished at the point of procurement, ensuring that funds are expended on information technology designed to be readily adaptable for nonvisual access.

(2) It is the policy of this state that all state programs and activities be conducted in accordance with the following principles:

(a) Individuals who are blind or visually impaired have the right to full participation in the life of the state, including the use of information technology that is provided by the state for use by employees, program participants, and the public.

(b) Technology purchased in whole or in part with funds provided by the state that is to be used for the creation, storage, retrieval, or dissemination of information and that is intended for use by employees, program participants, and the public must be accessible to and usable by individuals who are blind or visually impaired.
Mont. Code Ann. § 18-2-124 — MT Code / Title 18 / Chapter 2 / Part 1 / Section 18-2-124
18-2-124 Construction contract indemnification provisions
Status: in_force

18-2-124 . Construction contract indemnification provisions. (1) Except as provided in subsections (2) and (3), a construction contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.

(2) A construction contract may contain a provision:

(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or

(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.

(3) This section does not apply to indemnity of a surety by a principal on a construction contract bond or to an insurer's obligation to its insureds.

(4) As used in this section, "construction contract" means an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including an agreement to supply labor, materials, or equipment for an improvement to real property.
Mont. Code Ann. § 18-5-401 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-401
18-5-401 Purpose
Status: in_force

18-5-401 . Purpose. It is the purpose of this part, in recognition of the vocational and economic needs of blind persons, to make available to those blind persons in need of vocational opportunities space in state, federal, or other property appropriate for certain business operations and to assist those persons in the development of business operations.
Mont. Code Ann. § 18-2-419 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-419
18-2-419 Zone pay and per diem
Status: in_force

18-2-419 . Zone pay and per diem. If there is not sufficient data reported to establish zone pay or per diem for a trade classification, the department may establish a zone pay or a per diem amount that reasonably approximates an applicable average zone pay or per diem rate that is payable for the trade classification.
Mont. Code Ann. § 18-11-112 — MT Code / Title 18 / Chapter 11 / Part 1 / Section 18-11-112
18-11-112 Revenue account -- administrative account -- distribution of revenue
Status: in_force

18-11-112 . Revenue account -- administrative account -- distribution of revenue. (1) The revenue collected by the state, a public agency, or a tribal government under a state-tribal cooperative agreement and the administrative expenses, if any, deducted under subsection (2) from the total revenue collected must be deposited in separate special revenue accounts.

(2) Administrative expenses deducted by the state, a public agency, or a tribal government for collection of revenue may not exceed the actual cost of collecting the revenue on a reservation or 5%, whichever is less. Money from an administrative account may be expended only for the purpose of administering the tax or fee imposed under the state-tribal cooperative agreement or for paying the costs incurred in terminating the agreement.

(3) Except for administrative expenses, if any, deducted under subsection (2), revenue collected by a public agency under a state-tribal agreement must be deposited in separate special revenue accounts and must be disbursed as provided for in the agreement. If a public agency that is a party to an agreement is a local government, the agreement must provide for the disposition of revenue.

(4) Money deposited in a state administrative expenses account and in a state special revenue account is statutorily appropriated, as provided in 17-7-502 , to the department or public agency that is a party to a state-tribal cooperative agreement under 18-11-103 , for the purpose of paying administrative expenses or paying to a tribe its portion of the tax or fee.

(5) If a tax or license or permit fee is collected or refunded pursuant to a state-tribal cooperative agreement, each party must receive its share as provided in the agreement, notwithstanding any contrary state statutory, public agency ordinance, or tribal ordinance distribution formula. For distribution of the remainder, the state statutory, public agency, or tribal distribution formula must apply as if the amount remaining after each party to the agreement receives its share were the total revenue collected from the tax or license or permit fee.
Mont. Code Ann. § 18-8-212 — MT Code / Title 18 / Chapter 8 / Part 2 / Section 18-8-212
18-8-212 Exception
Status: in_force

18-8-212 . Exception. (1) All agencies securing architectural, engineering, and land surveying services for projects for which the fees are estimated not to exceed $50,000 may contract for those professional services by direct negotiation.

(2) Except as provided in 18-8-204 (3), an agency may not separate service contracts or split or break projects for the purpose of circumventing the provisions of this part.
Mont. Code Ann. § 18-1-103 — MT Code / Title 18 / Chapter 1 / Part 1 / Section 18-1-103
18-1-103 Resident defined
Status: in_force

18-1-103 . Resident defined. (1) For the purpose of 18-1-102 and this section, the word "resident" includes actual residence of an individual within this state for a period of more than 1 year immediately prior to bidding.

(2) In a partnership enterprise, limited liability company, or association, the majority of all partners or members must have been actual residents of the state of Montana for more than 1 year immediately prior to bidding.

(3) Domestic corporations organized under the laws of the state of Montana are prima facie eligible to bid as residents, but this qualification may be set aside and a successful bid disallowed when it is shown to the satisfaction of the board, commission, officer, or individual charged with the responsibility for the execution of the contract that the corporation is a wholly owned subsidiary of a foreign corporation or that the corporation was formed for the purpose of circumventing the provisions relating to residence.
Mont. Code Ann. § 18-5-101 — MT Code / Title 18 / Chapter 5 / Part 1 / Section 18-5-101
18-5-101 Definitions
Status: in_force

18-5-101 . Definitions. As used in this part, the following definitions apply:

(1) "Certified sheltered workshop" or "work activity center" means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:

(a) holds a current certificate issued by the United States department of labor for either one or all of the following:

(i) evaluation or training;

(ii) a regular work program; or

(iii) a work activity center;

(b) complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;

(c) in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and

(d) is referred to as a "facility".

(2) "Department" means the department of administration.

(3) "Person with a disability" means an individual with a physical, mental, or emotional disability that constitutes a substantial impediment to employment and that prevents the individual with the disability from engaging in normal competitive employment.
Mont. Code Ann. § 18-3-101 — MT Code / Title 18 / Chapter 3 / Part 1 / Section 18-3-101
18-3-101 Authority to lease with option to purchase
Status: in_force

18-3-101 . Authority to lease with option to purchase. (1) Except as provided in subsection (2), when authorized by a vote of two-thirds of the members of each house of the legislature, the department of administration may, as part of the long-range building program, enter into a lease contract that provides an option to purchase a building to be used by the state or any department of state government.

(2) A vote of two-thirds of the members of each house of the legislature and inclusion in the long-range building program is not required for a lease contract that provides an option to purchase if the building will be used for colocated laboratory space that will include facilities that conduct animal health testing for pathogens that could impact public health.
Mont. Code Ann. § 18-7-401 — MT Code / Title 18 / Chapter 7 / Part 4 / Section 18-7-401
18-7-401 Purpose of part
Status: in_force

18-7-401 . Purpose of part. The purpose of this part is to provide:

(1) for the department of administration to set maximum prices that may be charged for county legal advertising; and

(2) for the purchase of county printed forms and materials.
Mont. Code Ann. § 18-1-204 — MT Code / Title 18 / Chapter 1 / Part 2 / Section 18-1-204
18-1-204 Forfeiture -- bidder's liability -- waiver
Status: in_force

18-1-204 . Forfeiture -- bidder's liability -- waiver. (1) Except as provided in subsection (3), if in any instance one or more bids be accepted or a sale of any form of indebtedness is ordered or a contract is awarded, any bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the proposed contract or carry out and consummate the purchase of any form of indebtedness, as stated in the covenant in the bid and herein, shall absolutely forfeit such moneys or bank instruments to the public authority concerned and become immediately liable on the bid bond but not in excess of the penal sum therein stated.

(2) In no event shall the bidder's liability, the liability of the maker of the security instrument, or the liability on the bid bond exceed the amount specified by the public authority in the solicitation or advertisement for bids, whether the amount shall be posted in money, be stated as the amount payable in the security instrument, or as the maximum amount payable in the bid bond.

(3) With respect to bids accepted under Title 18, chapter 2, the department may waive the requirement to forfeit bid security.
Mont. Code Ann. § 18-4-221 — MT Code / Title 18 / Chapter 4 / Part 2 / Section 18-4-221
18-4-221 General procurement authority and duties of department -- rules
Status: in_force

18-4-221 . General procurement authority and duties of department -- rules. (1) Except as otherwise provided in this chapter, the department shall adopt rules, consistent with this chapter, governing the procurement and disposal of any and all supplies and services to be procured by the state. The department shall consider and decide matters of policy within the provisions of this chapter. The department may audit and monitor the implementation of its rules and the requirements of this chapter.

(2) Except as otherwise specifically provided by law, the department shall, in accordance with its rules:

(a) procure or supervise the procurement of all supplies and services needed by the state; and

(b) sell, trade, or otherwise dispose of surplus supplies belonging to the state.

(3) Nothing contained herein shall preclude the state from doing its own printing on its own printing facilities.
Mont. Code Ann. § 18-1-301 — MT Code / Title 18 / Chapter 1 / Part 3 / Section 18-1-301
18-1-301 Contractor withdrawals -- deposit of obligations
Status: in_force

18-1-301 . Contractor withdrawals -- deposit of obligations. (1) The contractor under any contract made or awarded by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district, including any contract for the construction, improvement, maintenance, or repair of any road or highway or the appurtenances to a road or highway, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract that are retained by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district pursuant to the terms of the contract, provided the contractor shall deposit with the contracting agency:

(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;

(b) bonds or notes of the state of Montana;

(c) bonds of any political subdivision of the state of Montana of a market value not exceeding par at the time of deposit; or

(d) certificates of deposit drawn and issued by a national banking association located in the state of Montana or by any banking corporation incorporated under the laws of the state of Montana.

(2) Deposited obligations must be at least equal in value to the amount so withdrawn from payments retained under the contract.

(3) Except as provided in subsection (4), all interest accrued in the accounts of deposits required under this section must be paid to the contractor.

(4) The contractor shall extend to the contractor's subcontractors the opportunity to participate in making the deposits required in subsection (1). Interest accrued in deposit accounts in which subcontractors participate must be distributed on a pro rata basis by the contractor to the participating subcontractors. A subcontractor participating in making the deposits required in subsection (1) may not have additional retainage withheld by the contractor.
Mont. Code Ann. § 18-4-301 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-301
18-4-301 Definitions
Status: in_force

18-4-301 . Definitions. As used in this part, the following definitions apply:

(1) "Alternative procurement method" means a method of procuring supplies or services in a manner not specifically described in this chapter, but instead authorized by the department under 18-4-302 .

(2) "American-made" means either a product made exclusively within the United States or a value-added product consisting of a product that contains 50% or more of materials from the United States.

(3) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this chapter and a fee, if any.

(4) (a) "Displacement" means the layoff, demotion, or involuntary transfer of a state employee.

(b) Displacement does not include changes in shift or days off or reassignment to other positions within the same class and at the same general location.

(5) "Established catalog price" means the price included in a catalog, price list, schedule, or other form that:

(a) is regularly maintained by a manufacturer or contractor;

(b) is either published or otherwise available for inspection by customers; and

(c) states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(6) "Invitation for bids" means all documents, whether attached or incorporated by reference, used for soliciting bids.

(7) "Purchase description" means the words used in a solicitation to describe the supplies or services to be purchased and includes specifications attached to or made a part of the solicitation.

(8) "Request for proposals" means all documents, whether attached or incorporated by reference, used for soliciting proposals.

(9) "Responsible" means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance.

(10) "Responsive" means conforms in all material respects to the invitation for bids or request for proposals.

(11) "Term contract" means a contract in which supplies or services are purchased at a predetermined unit price for a specific period of time.
Mont. Code Ann. § 18-4-403 — MT Code / Title 18 / Chapter 4 / Part 4 / Section 18-4-403
18-4-403 Sale, acquisition, or use of supplies by a public procurement unit
Status: in_force

18-4-403 . Sale, acquisition, or use of supplies by a public procurement unit. The department may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of part 3.
Mont. Code Ann. § 18-2-316 — MT Code / Title 18 / Chapter 2 / Part 3 / Section 18-2-316
18-2-316 Limit on retainage for public contracts
Status: in_force

18-2-316 . Limit on retainage for public contracts. (1) The maximum retainage applied to construction contracts administered by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district may not exceed 5% if the contractor is performing by the terms of the contract.

(2) The retainage percentage withheld by a government entity, as provided for in subsection (1), from a contractor is the maximum retainage percentage that a contractor may withhold from a subcontractor.

(3) For the purposes for this section, "retainage" means the ratio, in percent, of funds retained to the total amount to be paid to the contractor by the government entity.
Mont. Code Ann. § 18-2-208 — MT Code / Title 18 / Chapter 2 / Part 2 / Section 18-2-208
18-2-208 Exceptions
Status: in_force

18-2-208 . Exceptions. (1) The provisions of this part do not apply to money loaned or advanced to a contractor, subcontractor, or other person in the performance of the work.

(2) A city or town may impose any other or further conditions and obligations in the security that is considered necessary for its proper protection in the fulfillment of the terms of the contract and not in conflict with this part.

(3) The notice required by 18-2-204 to be given within 90 days after completion of the contract and acceptance of the work may not be construed to prevent or delay the payment of money due the contractor under the terms and conditions specified in the contract.
Mont. Code Ann. § 18-2-303 — MT Code / Title 18 / Chapter 2 / Part 3 / Section 18-2-303
18-2-303 Construction bids -- minimum requirements -- effect of failure to comply
Status: in_force

18-2-303 . Construction bids -- minimum requirements -- effect of failure to comply. (1) Each bid communicated to a state agency for the construction of a building must contain or be accompanied by the following items that may not be waived by the state agency:

(a) bid security, as required by 18-2-302 ;

(b) the unit price for each item required to be bid by unit price; and

(c) the signature, including an electronic signature allowed under 60-2-113 , of an individual authorized to submit the bid and authorized by that submission to agree to perform the contract if the bid is accepted. If the request for bid or other specifications provided by the state agency specify the individual required to submit the bid, the bid must comply with that requirement.

(2) The unit price must be expressly stated in the bid and may not have to be calculated by the state agency by dividing the total of the unit prices by the number of units specified or required.

(3) A bid that does not include the items required by subsection (1) as part of or along with the bid may not be accepted by the state agency.

(4) The following definitions apply to this section:

(a) "Building" has the meaning provided in 18-2-101 .

(b) "Construction" has the meaning provided in 18-2-101 .

(c) "State agency" means a department, board, commission, authority, or office of a branch of state government, including the board of regents and the Montana university system.

(d) "Unit price" means the price of lumber, concrete, earth, pipe, or other construction item, activity, or material for which the price is required by the request for bids to be bid on the basis of that item, a linear foot, square foot, square yard, cubic yard, activity an hour or other measurement of time, or other standard unit of measurement for that material, item, or activity.
Mont. Code Ann. § 18-7-411 — MT Code / Title 18 / Chapter 7 / Part 4 / Section 18-7-411
18-7-411 County advertising -- contract
Status: in_force

18-7-411 . County advertising -- contract. (1) The county commissioners shall contract for all advertising required by law. The advertising required by law must be awarded to a newspaper that:

(a) is published in the county;

(b) has general circulation;

(c) has been published continuously at least once a week in the county for the 12 months preceding the awarding of the contract; and

(d) prior to July 1 of each year, has submitted to the clerk and recorder a sworn statement that includes:

(i) circulation for the prior 12 months;

(ii) a statement of net distribution;

(iii) itemization of the circulation that is paid and that is free; and

(iv) the method of distribution.

(2) A newsletter or other document produced or published by the local government unit is not considered a newspaper that has general circulation as provided in subsection (1).

(3) The term of a contract for county legal advertising may not exceed a period of 2 years.
Mont. Code Ann. § 18-2-411 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-411
18-2-411 Creation of prevailing wage rate districts
Status: in_force

18-2-411 . Creation of prevailing wage rate districts. (1) Without taking into consideration heavy construction services and highway construction services wage rates, the commissioner shall divide the state into not more than five prevailing wage rate districts for building construction services and nonconstruction services.

(2) In initially determining the districts, the commissioner shall:

(a) follow the rulemaking procedures in the Montana Administrative Procedure Act; and

(b) publish the reasons supporting the creation of each district.

(3) A district boundary may not be changed except for good cause and in accordance with the rulemaking procedures in the Montana Administrative Procedure Act.

(4) The presence of collective bargaining agreements in a particular area may not be the sole basis for the creation of boundaries of a district, nor may the absence of collective bargaining agreements in a particular area be the sole basis for changing the boundaries of a district.

(5) For each prevailing wage rate district established under this section:

(a) the commissioner shall determine the standard prevailing rate of wages to be paid employees, as provided in this part. The standard prevailing rate of wages for construction services, as determined by the commissioner in this subsection, must be used for calculating an apprentice's wage, as provided in 39-6-108 .

(b) zone pay must be determined by measuring the road miles in one way over the shortest practical maintained route from the dispatch city to the center of the job; and

(c) the rate of travel allowances must be computed by measuring the road miles in one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closest to the center of the job.

(6) As used in this section, "dispatch city" means the courthouse in either Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula, or Sidney that is closest to the center of the job and within the same prevailing wage district as the job.
Mont. Code Ann. § 18-7-203 — MT Code / Title 18 / Chapter 7 / Part 2 / Section 18-7-203
18-7-203 Folio measurement
Status: in_force

18-7-203 . Folio measurement. (1) The following is the basis of measurement for the computation of folios in the various sizes of type, when set in a column 13 ems pica wide, and constitutes a folio within the meaning of this part:

(a) 12 lines of 6-point type;

(b) 14 lines of 7-point type;

(c) 16 lines of 8-point type;

(d) 18 lines of 9-point type; or

(e) 20 lines of 10-point type.

(2) A carefully verified actual count shall be made of the folio.
Mont. Code Ann. § 18-5-412 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-412
18-5-412 Administration of vending facilities on other property
Status: in_force

18-5-412 . Administration of vending facilities on other property. The department may enter into agreements with private parties or governmental entities not otherwise coming under the provisions of this part owning or controlling other property for the establishment and administration of blind vendor operations.
Mont. Code Ann. § 18-1-413 — MT Code / Title 18 / Chapter 1 / Part 4 / Section 18-1-413
18-1-413 Litigation -- compromise
Status: in_force

18-1-413 . Litigation -- compromise. The attorney general has full charge of litigation under this part on behalf of the state of Montana. The attorney general is authorized to arbitrate, compromise, or settle any claim cognizable under this part after the institution of any suit under this part, with the approval of the court in which the suit is pending. The provisions of 2-4-603 (1) apply to any arbitration, compromise, or settlement made pursuant to this section.
Mont. Code Ann. § 18-2-317 — MT Code / Title 18 / Chapter 2 / Part 3 / Section 18-2-317
18-2-317 State agency performance contracts -- exempt
Status: in_force

18-2-317 . State agency performance contracts -- exempt. Energy performance contracts entered into by state agencies pursuant to Title 90, chapter 4, part 11, are exempt from this part.
Mont. Code Ann. § 18-4-222 — MT Code / Title 18 / Chapter 4 / Part 2 / Section 18-4-222
18-4-222 Delegation of authority by department
Status: in_force

18-4-222 . Delegation of authority by department. Subject to the rules of the department, the director may delegate procurement authority to designees or to any state department, agency, or official.
Mont. Code Ann. § 18-2-412 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-412
18-2-412 Method for payment of standard prevailing wage
Status: in_force

18-2-412 . Method for payment of standard prevailing wage. (1) To fulfill the obligation to pay the standard prevailing rate of wages under 18-2-403 , a contractor or subcontractor may:

(a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash;

(b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U.S. department of labor; or

(c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed.

(2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U.S. department of labor.

(3) A private contractor or subcontractor shall file a copy of the fringe benefit fund, plan, or program described in subsection (2) with the department.
Mont. Code Ann. § 18-2-416 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-416
18-2-416 Wages paid to registered apprentices
Status: in_force

18-2-416 . Wages paid to registered apprentices. (1) (a) Only an apprentice whose indenture agreement is registered with the department under Title 39, chapter 6, or recognized by the department as being registered with an appropriate registration agency of another state or the federal government may be paid as provided in subsection (2) when working on a public works contract.

(b) An apprentice whose indenture agreement is not registered with or recognized by the department must be paid the full amount of the standard prevailing rate of wages, including any applicable travel allowances.

(c) An apprenticeship's rate of wages starts at the date of registration with the sponsor.

(2) A recognized, registered apprentice must be paid the percentage of the standard prevailing rate of wages provided for in the apprenticeship standards applicable to that apprentice. The percentage amount applies to wage rates only and not to fringe benefits. The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.
Mont. Code Ann. § 18-4-307 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-307
18-4-307 Cancellation of invitations for bids or requests for proposals
Status: in_force

18-4-307 . Cancellation of invitations for bids or requests for proposals. (1) An invitation for bids, a request for proposals, or other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part, as may be specified in the solicitation, when it is in the best interests of the state. The reasons must be made part of the contract file.

(2) The department may consider public comment when deciding whether to take any action described in this section.
Mont. Code Ann. § 18-2-207 — MT Code / Title 18 / Chapter 2 / Part 2 / Section 18-2-207
18-2-207 Costs -- attorney fees
Status: in_force

18-2-207 . Costs -- attorney fees. In a suit or action brought against the surety, payor, or other person liable on the security by a person or corporation to recover for any of the items specified in this part, the prevailing party is entitled to recover, in addition to all other costs, attorney fees in a sum that the court finds reasonable. However, attorney fees may not be allowed in a suit or action brought or instituted before the expiration of 30 days following the date of filing of the notice required in 18-2-206 .
Mont. Code Ann. § 18-4-232 — MT Code / Title 18 / Chapter 4 / Part 2 / Section 18-4-232
18-4-232 Specifications -- rules
Status: in_force

18-4-232 . Specifications -- rules. (1) The department shall adopt rules governing the preparation, maintenance, and content of specifications for supplies and services required by the state.

(2) The department shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies and services required by the state.
Mont. Code Ann. § 18-1-203 — MT Code / Title 18 / Chapter 1 / Part 2 / Section 18-1-203
18-1-203 Form of security
Status: in_force

18-1-203 . Form of security. (1) (a) In all cases under 18-1-202 (1), the bidder, offeror, or tenderer shall accompany any bid with either:

(i) lawful money of the United States;

(ii) a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a federally chartered or state-chartered bank insured by the federal deposit insurance corporation; or

(iii) a bid bond, guaranty bond, or surety bond executed by a surety corporation authorized to do business in the state of Montana. If a financial guaranty bond or surety bond is provided to secure the purchase of indebtedness, the long-term indebtedness of the company executing the financial guaranty bond or surety bond must carry an investment grade rating of one or more nationally recognized independent rating agencies.

(b) The public authority soliciting or advertising for bids may not require that a bid bond, guaranty bond, or surety bond provided for in subsection (1)(a)(iii) be furnished by a particular surety company or by a particular insurance producer for a surety company.

(2) The money or, in lieu of money, the bank instruments or bid bonds, financial guaranty bonds, or surety bonds must be payable directly to the public authority soliciting or advertising for bids.
Mont. Code Ann. § 18-2-111 — MT Code / Title 18 / Chapter 2 / Part 1 / Section 18-2-111
18-2-111 Policy regarding practice of architecture or engineering -- preparation of working drawings by department limited
Status: in_force

18-2-111 . Policy regarding practice of architecture or engineering -- preparation of working drawings by department limited. (1) It is the policy of the state not to engage in the practice of architecture or engineering. However, this policy may not be construed as prohibiting the department of administration from:

(a) engaging in preplanning functions necessary to prepare a building program for presentation to the legislature;

(b) supervising construction as provided in 18-2-105 (7); or

(c) preparing working drawings for minor projects.

(2) The department of administration may not prepare working drawings for construction activities, with the exception of repair or maintenance projects, when the total cost of the construction will exceed $150,000.

(3) This policy may not be construed to grant the department an exception from the licensing requirements of Title 67, chapter 65 or 67, or the seal requirements provided in 18-2-114 and 18-2-122 .
Mont. Code Ann. § 18-2-403 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-403
18-2-403 Preference of Montana labor in public works -- wages -- tax-exempt project -- federal exception
Status: in_force

18-2-403 . Preference of Montana labor in public works -- wages -- tax-exempt project -- federal exception. (1) In every public works contract, there must be inserted in the bid specification and the public works contract a provision requiring the contractor to give preference to the employment of bona fide Montana residents in the performance of the work.

(2) All public works contracts for construction services under subsection (1), except those for heavy and highway construction, that are conducted at the project location or under special circumstances must contain a provision requiring the contractor to pay:

(a) the travel allowance that is in effect and applicable to the district in which the work is being performed; and

(b) the standard prevailing rate of wages, including fringe benefits, that is in effect and applicable to the district in which the work is being performed.

(3) In every public works contract for heavy and highway construction, there must be inserted a provision to require the contractor to pay the standard prevailing wage rates established statewide for heavy and highway construction services conducted at the project location or under special circumstances.

(4) Except as provided in subsection (5), all public works contracts for nonconstruction services under subsection (1) must contain a provision requiring the contractor to pay:

(a) the travel allowance that is in effect and applicable to the district in which the work is being performed; and

(b) the standard prevailing rate of wages, including fringe benefits, that is in effect and applicable to the district in which the work is being performed.

(5) An employer who, as a nonprofit organization providing individuals with vocational rehabilitation, performs a public works contract for nonconstruction services and who employs an individual whose earning capacity is impaired by a mental, emotional, or physical disability may pay the individual wages that are less than the standard prevailing wage if the employer complies with the provisions of section 214(c) of the Fair Labor Standards Act of 1938, 29 U.S.C. 214 and 29 CFR, part 525, and the wages paid are equal to or above the minimum wage required in 39-3-409 .

(6) Transportation of goods, supplies, materials, and manufactured or fabricated items to or from the project location is not subject to payment of the standard prevailing rate of wages.

(7) A contract, other than a public works contract, let for a project costing more than $25,000 and financed from the proceeds of bonds issued under Title 17, chapter 5, part 15, or Title 90, chapter 5 or 7, must contain a provision requiring the contractor to pay the standard prevailing wage rate in effect and applicable to the district in which the work is being performed unless the contractor performing the work has entered into a collective bargaining agreement covering the work to be performed.

(8) A public works contract may not be let to any person, firm, association, or corporation refusing to execute an agreement with the provisions described in subsections (1) through (7) in it, provided that in public works contracts involving the expenditure of federal-aid funds, this part may not be enforced in a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged veterans of the armed forces and prohibiting as unlawful any other preference or discrimination among citizens of the United States.

(9) Failure to include the provisions required by 18-2-422 in a public works contract relieves the contractor from the contractor's obligation to pay the standard prevailing wage rate and places the obligation on the public contracting agency.
Mont. Code Ann. § 18-6-101 — MT Code / Title 18 / Chapter 6 / Part 1 / Section 18-6-101
18-6-101 Power to sell state property -- proceeds credited to general fund
Status: in_force

18-6-101 . Power to sell state property -- proceeds credited to general fund. (1) The department has exclusive power, subject to the approval of the governor, to sell or otherwise dispose of or to authorize the sale or other disposition of all materials and supplies, service equipment, or other personal property of any kind owned by the state but not needed or used by any state institution or by any department of state government. Upon request, the department shall authorize a state department or entity to donate property to a school district for classroom use pursuant to procedures implemented by the office of public instruction to ensure adequate notice of the availability of surplus state property and equal access and fair distribution of the property to school districts.

(2) Unless otherwise provided by law, the department shall credit the general fund with all money received.

(3) Whenever the personal property was accounted for in an enterprise or internal service fund or designated subfund account, the proceeds of the sale must be credited to the appropriate enterprise or internal service fund or designated subfund account.
Mont. Code Ann. § 18-4-310 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-310
18-4-310 Types of contracts
Status: in_force

18-4-310 . Types of contracts. Any type of contract that will promote the best interests of the state may be used.
Mont. Code Ann. § 18-4-302 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-302
18-4-302 Methods of source selection -- authorization for alternative procurement methods
Status: in_force

18-4-302 . Methods of source selection -- authorization for alternative procurement methods. (1) Unless otherwise authorized by law, all state contracts for supplies and services must be awarded by a source selection method provided for in this title. Supplies or services offered for sale, lease, or rental by public utilities are exempt from this requirement if the prices of the supplies or services are regulated by the public service commission or other governmental authority.

(2) When the department or another agency opens bids or proposals, if a supplier's current publicly advertised or established catalog price is received at or before the time that the bids or proposals are opened and is less than the bid of the lowest responsible and responsive bidder or offeror or improves upon the conditions for the best proposal received using the same factors and weights included in the proposal, the department or agency may reject all bids and purchase the supply from that supplier without meeting the requirements of 18-4-303 through 18-4-306 .

(3) An office supply procured by the department may be purchased by an agency, without meeting the requirements of 18-4-303 through 18-4-306 , from a supplier whose publicly advertised price, established catalog price, or discount price offered to the agency is less than the price offered by the department if the office supply conforms in all material respects to the terms, conditions, and quality offered by the department. A state office supply term contract must include a provision by which the contracting parties acknowledge and agree to the provisions of this subsection.

(4) (a) Under rules adopted by the department, an agency may request from the department authorization for an alternative procurement method.

(b) A request for authorization must specify:

(i) the problem to be solved;

(ii) the proposed alternative procurement method;

(iii) the reasons why the alternative procurement method may be more appropriate than a method authorized by law; and

(iv) how competition and fairness will be achieved by the alternative procurement method.

(c) Within 30 days after receiving the request, the department shall:

(i) evaluate the request;

(ii) approve or deny the request; and

(iii) issue a written statement providing the reasons for its decision.

(d) Whenever the department approves a request submitted under this section, the department:

(i) may authorize the alternative procurement method on a trial basis; and

(ii) if the alternative procurement method is employed, shall make a written determination as to the success of the method.

(e) If the department determines that the alternative procurement method is successful and should be an alternative that is generally available, it shall promulgate rules that establish the use of the alternative procurement method as an additional source selection method. The rules promulgated by the department under this subsection must reflect the purposes described in 18-4-122 .
Mont. Code Ann. § 18-5-603 — MT Code / Title 18 / Chapter 5 / Part 6 / Section 18-5-603
18-5-603 Nonvisual access ensured
Status: in_force

18-5-603 . Nonvisual access ensured. When information technology equipment and software are procured for use by employees, program participants, or members of the public, the state agency head shall ensure that the equipment or software:

(1) provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not blind or visually impaired;

(2) is designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and

(3) has been purchased under a contract that includes the technology access clause required by 18-5-604 .
Mont. Code Ann. § 18-1-411 — MT Code / Title 18 / Chapter 1 / Part 4 / Section 18-1-411
18-1-411 Practice and procedure
Status: in_force

18-1-411 . Practice and procedure. In actions under the provisions of this part, the forms of process, writs, pleadings, and motions and the practice and procedure, together with the right of appeal to the supreme court of the state of Montana, shall be the same as if the state of Montana were a private person, and provisions for counterclaim and setoff shall be the same as if the state of Montana were a private person.
Mont. Code Ann. § 18-7-412 — MT Code / Title 18 / Chapter 7 / Part 4 / Section 18-7-412
18-7-412 County printing contract
Status: in_force

18-7-412 . County printing contract. (1) The contract must be let to the printing establishment that in the judgment of the county commissioners is the most suitable for performing the work. The county commissioners shall require a contractor to perform the county printing contract subject to the requirements of Title 18, chapter 1, part 2.

(2) Contracts for printed forms and materials may be awarded on an annual basis or may be awarded for a specific printing job. The term of a contract for county printing may not exceed a period of 2 years.

(3) (a) The county clerk and recorder shall maintain a list of willing bidders for county printing and shall notify the printing establishments on the list of any call for bids.

(b) A printing establishment must be added to the county clerk and recorder's list when the clerk and recorder receives a written request from the printing establishment.

(c) The county clerk and recorder may delete the name of any printing establishment from the list if it has not submitted a bid during the previous 365 days.

(4) This part may not be construed to compel the acceptance of unsatisfactory work.
Mont. Code Ann. § 18-1-414 — MT Code / Title 18 / Chapter 1 / Part 4 / Section 18-1-414
18-1-414 Judgments -- payment
Status: in_force

18-1-414 . Judgments -- payment. A final judgment shall be the obligation of the state of Montana and shall be paid out of funds appropriated by the legislature next succeeding the date of judgment.
Mont. Code Ann. § 18-2-418 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-418
18-2-418 Wage rates based on project classification
Status: in_force

18-2-418 . Wage rates based on project classification. (1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project.

(2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification.
Mont. Code Ann. § 18-5-406 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-406
18-5-406 Health and retirement fund -- services to vendors
Status: in_force

18-5-406 . Health and retirement fund -- services to vendors. (1) The department may manage a health and retirement fund for blind vendors.

(2) The department may set aside a reasonable percentage of the net incomes earned by blind vendors from the operation of vending facilities on state and other property administered by the department to fund the operation of vending facilities and to fund the blind vendors' health and retirement fund.

(3) The department may use all net income earned from facilities operated under the provisions of 18-5-415 (2) and 18-5-416 to fund services to blind vendors and to fund the blind vendors' health and retirement fund.
Mont. Code Ann. § 18-2-313 — MT Code / Title 18 / Chapter 2 / Part 3 / Section 18-2-313
18-2-313 Contract provisions necessary for federal funds
Status: in_force

18-2-313 . Contract provisions necessary for federal funds. In all contracts let for state, county, municipal, and school construction, repair, or maintenance work under any of the laws of this state when the funds for the projects are supplied in whole or in part from funds of the United States government, it is lawful to insert in each of the contracts any provisions that are or will be necessary to have such contract conform to any federal statutes or regulation under which such funds are supplied.
Mont. Code Ann. § 18-4-309 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-309
18-4-309 Prequalification of suppliers
Status: in_force

18-4-309 . Prequalification of suppliers. Prospective suppliers may be prequalified in accordance with department rules for particular types of supplies and services.
Mont. Code Ann. § 18-5-414 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-414
18-5-414 Authority to adopt rules
Status: in_force

18-5-414 . Authority to adopt rules. The department may adopt such rules as are necessary to effectuate this part.
Mont. Code Ann. § 18-2-409 — MT Code / Title 18 / Chapter 2 / Part 4 / Section 18-2-409
18-2-409 Montana residents to be employed on state construction contracts
Status: in_force

18-2-409 . Montana residents to be employed on state construction contracts. (1) On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each contractor shall ensure that at least 50% of the contractor's workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401 .

(2) For any contract awarded for a state construction project, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law, there must be inserted in the bid specification and the contract a provision, in language approved by the commissioner of labor and industry, implementing the requirements of subsection (1). The bid specification and the contract must provide that at least 50% of the workers on the project will be bona fide Montana residents. If due to a lack of qualified personnel each contractor cannot guarantee that at least 50% of the contractor's workers on the project will be Montana residents, the contract must provide that the percentage that the commissioner of labor and industry believes possible will be Montana residents.

(3) The commissioner of labor and industry shall enforce this section and investigate complaints of its violation and may adopt rules to implement this section.
Mont. Code Ann. § 18-5-405 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-405
18-5-405 Right to fair hearing
Status: in_force

18-5-405 . Right to fair hearing. A blind vendor is entitled to a fair hearing for any grievance against the department.
Mont. Code Ann. § 18-1-205 — MT Code / Title 18 / Chapter 1 / Part 2 / Section 18-1-205
18-1-205 Return of bid security
Status: in_force

18-1-205 . Return of bid security. The moneys or bank instruments or bid bonds, as the case may be, shall be returned to those bidders whose bids are not accepted.
Mont. Code Ann. § 18-8-211 — MT Code / Title 18 / Chapter 8 / Part 2 / Section 18-8-211
18-8-211 Coordination with other statutes
Status: in_force

18-8-211 . Coordination with other statutes. (1) This part need not be complied with by an agency when the contracting authority makes a finding in accordance with this or any other applicable law that an emergency requires the immediate execution of the work involved. This part does not relieve the contracting authority from complying with applicable law limiting emergency expenditures.

(2) The limitation on the preparation of working drawings contained in 18-2-111 applies to this part.

(3) The procedure for appointment of architects and consulting engineers pursuant to 18-2-112 applies to this part, except that the agency shall select its proposed list of three architects or consulting engineers in accordance with this part prior to submission to the department of administration.
Mont. Code Ann. § 18-4-305 — MT Code / Title 18 / Chapter 4 / Part 3 / Section 18-4-305
18-4-305 Small purchases and limited solicitations
Status: in_force

18-4-305 . Small purchases and limited solicitations. Any procurement not exceeding the amount established by rule may be made in accordance with small purchase or limited solicitation procedures established by the department. Procurement requirements may not be artificially divided so as to constitute a small purchase or limited solicitation under this section.
Mont. Code Ann. § 18-5-413 — MT Code / Title 18 / Chapter 5 / Part 4 / Section 18-5-413
18-5-413 Implementation of Randolph-Sheppard Act, as amended
Status: in_force

18-5-413 . Implementation of Randolph-Sheppard Act, as amended. (1) The department may enter into agreements with the federal government as provided for in the Randolph-Sheppard Act, as amended, for administering the Randolph-Sheppard Act for all state or federal purposes.

(2) The department may adopt rules to implement agreements with the federal government entered into under the Randolph-Sheppard Act, as amended.
Mont. Code Ann. § 18-5-204 — MT Code / Title 18 / Chapter 5 / Part 2 / Section 18-5-204
18-5-204 Department director -- delegating powers
Status: in_force

18-5-204 . Department director -- delegating powers. The director of the department may delegate to any employees of the state agency for surplus property the power and authority that the director considers reasonable and proper for the effective administration of this part.
Mont. Code Ann. § 18-5-202 — MT Code / Title 18 / Chapter 5 / Part 2 / Section 18-5-202
18-5-202 Authority and duties of the state agency for surplus property
Status: in_force

18-5-202 . Authority and duties of the state agency for surplus property. (1) The state agency for surplus property is hereby authorized and empowered to:

(a) acquire from the United States of America under and in conformance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended, hereinafter referred to as the "act", such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes authorized by the act;

(b) warehouse such property; and

(c) distribute such property within the state to eligible participants.

(2) The state agency for surplus property is hereby authorized to receive applications from eligible participants for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting such applications from the appropriate authorities of the state, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for such purposes, and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under section 203(k) of the act as amended.

(3) For the purpose of executing its authority under this part, the state agency for surplus property is authorized and empowered to adopt, amend, or rescind such rules and prescribe such requirements as may be deemed necessary and take such other action as is deemed necessary and suitable in the administration of this part to assure maximum utilization by and benefit to participants within the state from property distributed under this part.

(4) The state agency for surplus property is authorized and empowered to make such certifications, take such action, make such expenditures, and enter into such contracts, agreements, and undertakings for and in the name of the state (including cooperative agreements with any federal agencies providing for utilization by and exchange between them of the property, facilities, personnel, and services of each by the other), require such reports and make such investigation as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the state agency for surplus property from the United States of America.

(5) The state agency for surplus property is authorized and empowered to act as clearinghouse of information for eligible participants to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from eligible participants and to transmit to them all available information in reference to such property, and to aid and assist eligible participants in every way possible in the consummation of acquisitions or transactions hereunder.

(6) The state agency for surplus property, in the administration of this part, shall cooperate to the fullest extent consistent with the provisions of the act, with the departments or agencies of the United States of America and shall file a state plan of operation, operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act; make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require; and comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use, or accounting for property donable or donated to the state.