reglab/housing_qa huggingface dataset:
MT Code § 18-4-211 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-211. Repealed

  18-4-211. Repealed. Sec. 53, Ch. 519, L. 1983.   History: (1)En. Sec. 7, Ch. 66, L. 1923; re-en. Sec. 293.7, R.C.M. 1935; amd. Sec. 2, Ch. 69, L. 1949; amd. Sec. 1, Ch. 301, L. 1971; amd. Sec. 72, Ch. 326, L. 1974; amd. Sec. 4, Ch. 97, L. 1977; Sec. 82-1917, R.C.M. 1947; (2)En. Sec. 8, Ch. 197, L. 1921; re-en. Sec. 291, R.C.M. 1921; re-en. Sec. 291, R.C.M. 1935; amd. Sec. 63, Ch. 326, L. 1974; Sec. 82-1908, R.C.M. 1947; R.C.M. 1947, 82-1908, 82-1917(part).
MT Code § 18-4-212 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-212. Repealed

  18-4-212. Repealed. Sec. 53, Ch. 519, L. 1983.   History: En. Sec. 7, Ch. 66, L. 1923; re-en. Sec. 293.7, R.C.M. 1935; amd. Sec. 2, Ch. 69, L. 1949; amd. Sec. 1, Ch. 301, L. 1971; amd. Sec. 72, Ch. 326, L. 1974; amd. Sec. 4, Ch. 97, L. 1977; R.C.M. 1947, 82-1917(part); amd. Sec. 3, Ch. 58, L. 1979.
MT Code § 18-4-213 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-213. Repealed

  18-4-213. Repealed. Sec. 53, Ch. 519, L. 1983.   History: (1)En. Sec. 7, Ch. 66, L. 1923; re-en. Sec. 293.7, R.C.M. 1935; amd. Sec. 2, Ch. 69, L. 1949; amd. Sec. 1, Ch. 301, L. 1971; amd. Sec. 72, Ch. 326, L. 1974; amd. Sec. 4, Ch. 97, L. 1977; Sec. 82-1917, R.C.M. 1947; (2) thru (4)En. Sec. 11, Ch. 66, L. 1923; re-en. Sec. 293.11, R.C.M. 1935; amd. Sec. 76, Ch. 326, L. 1974; Sec. 82-1921, R.C.M. 1947; R.C.M. 1947, 82-1917(5), 82-1921(part); amd. Sec. 6, Ch. 597, L. 1979.
MT Code § 18-4-214 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-214. Repealed

  18-4-214. Repealed. Sec. 53, Ch. 519, L. 1983.   History: En. Sec. 5, Ch. 197, L. 1921; re-en. Sec. 288, R.C.M. 1921; re-en. Sec. 288, R.C.M. 1935; amd. Sec. 4, Ch. 80, L. 1961; amd. Sec. 61, Ch. 326, L. 1974; R.C.M. 1947, 82-1905; amd. Sec. 7, Ch. 597, L. 1979.
MT Code § 18-4-215 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-215. through 18-4-220 reserved

  18-4-215 through 18-4-220 reserved.
MT Code § 18-4-221 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-221. General procurement authority and duties of department -- rules

  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.   History: En. Sec. 6, Ch. 519, L. 1983.
MT Code § 18-4-222 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-222. Delegation of authority by department

  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.   History: En. Sec. 7, Ch. 519, L. 1983.
MT Code § 18-4-223 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-223. State procurement rules -- delegation -- existing rights

  18-4-223. State procurement rules -- delegation -- existing rights. (1) Rules shall be adopted by the department in accordance with the applicable provisions of Title 2, chapter 4.   (2) The department may not delegate its power to adopt rules.   (3) No rule may change a commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of such rule.   History: En. Sec. 8, Ch. 519, L. 1983.
MT Code § 18-4-224 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-224. Contract clauses -- rules

  18-4-224. Contract clauses -- rules. (1) The department may, in its discretion, permit or require the inclusion of clauses providing for adjustments in prices, time of performance, or other appropriate contract provisions relating to the following subjects:   (a) the unilateral right of the state to order in writing:   (i) changes in the work within the scope of the contract; and   (ii) temporary work stoppage or delay of performance; and   (b) variations occurring between estimated quantities of work in a contract and actual quantities.   (2) Adjustments in price pursuant to clauses established under subsection (1) must be computed in one or more of the following ways:   (a) by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon after commencement of performance as practicable;   (b) by unit prices specified in the contract or subsequently agreed upon;   (c) by the costs attributable to the events or situations under clauses established under subsection (1) with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; or   (d) in any other manner as the contracting parties may mutually agree.   (3) The department may, in its discretion, permit or require the inclusion in state contracts of clauses providing for appropriate remedies and relating to the following subjects:   (a) liquidated damages, as appropriate;   (b) specified excuses for delay or nonperformance;   (c) termination of the contract for default; and   (d) termination of the contract, in whole or in part, for the convenience of the state.   (4) The director or the head of a purchasing agency may vary the clauses established by the department under subsections (1) and (3) for inclusion in any particular state contract. Any variations must be supported by a written determination that states the circumstances justifying the variation. Notice of any material variation must be stated in the invitation for bids or request for proposals.   (5) Regardless of a provision in a contract, the department may accept a lower price or better value offered by a contractor.   History: En. Sec. 32, Ch. 519, L. 1983; amd. Sec. 8, Ch. 443, L. 1997.
MT Code § 18-4-225 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-225. Repealed

  18-4-225. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 33, Ch. 519, L. 1983.
MT Code § 18-4-226 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-226. Surplus supply -- rules

  18-4-226. Surplus supply -- rules. (1) As used in this section, the following definitions apply:   (a) "Supplies" means supplies owned by the state.   (b) "Surplus supplies" means any supplies having a remaining useful life but that are no longer required by the agency in possession of them. This includes obsolete supplies, scrap materials, and supplies that have completed their useful life cycle.   (2) The department shall adopt rules governing:   (a) the management of supplies during their entire life cycle;   (b) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, donation to a school district as provided in 18-6-101, or other appropriate method designated by rule;   (c) transfer of surplus supplies.   (3) An employee of the owning or disposing agency directly involved with the disposal may not purchase supplies sold by the employee's agency.   (4) Proceeds from the sale, lease, or disposal of surplus supplies must be allocated as provided by 18-6-101, less a reasonable handling fee.   History: En. Secs. 34 thru 36, Ch. 519, L. 1983; amd. Sec. 3, Ch. 234, L. 1991; amd. Sec. 2, Ch. 441, L. 1999.
MT Code § 18-4-227 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-227. Procurement and term contract rebate account -- funding -- use

  18-4-227. Procurement and term contract rebate account -- funding -- use. (1) There is an account in the state special revenue fund established by 17-2-102 known as the procurement and term contract rebate account.   (2) All rebates credited to the department from using state procurement cards and term contracts must be deposited in the account.   (3) The money in the account may be used only to:   (a) administer the state's procurement card programs;   (b) administer term contracts established by the department; and   (c) reimburse applicable funds to the federal government.   (4) The unreserved, unexpended balance of the funds collected under this section must be deposited in the general fund by the close of the fiscal year.   History: En. Sec. 1, Ch. 492, L. 2007; amd. Sec. 1, Ch. 233, L. 2015.
MT Code § 18-4-228 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-228. through 18-4-230 reserved

  18-4-228 through 18-4-230 reserved.
MT Code § 18-4-231 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-231. Definition of specification

  18-4-231. Definition of specification. As used in 18-4-231 through 18-4-234, "specification" means any description of the physical or functional characteristics or of the nature of a supply or service. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery.   History: En. Sec. 28, Ch. 519, L. 1983.
MT Code § 18-4-232 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-232. Specifications -- rules

  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.   History: En. Sec. 29, Ch. 519, L. 1983.
MT Code § 18-4-233 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-233. Using agencies' advice

  18-4-233. Using agencies' advice. The director may obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications.   History: En. Sec. 30, Ch. 519, L. 1983.
MT Code § 18-4-234 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-234. Competition

  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.   History: En. Sec. 31, Ch. 519, L. 1983.
MT Code § 18-4-235 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-235. through 18-4-240 reserved

  18-4-235 through 18-4-240 reserved.
MT Code § 18-4-241 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 2. Duties of Department|18-4-241. Authority to remove or suspend vendor

  18-4-241. Authority to remove or suspend vendor. (1) The department may remove a vendor for cause from consideration for award of contracts by the state.   (2) The department may temporarily suspend a vendor from consideration for award of contracts if there is probable cause to believe that the vendor has engaged in activities that may lead to removal. If an indictment has been issued for an offense that would be a cause for removal under subsection (3), the suspension must, at the request of the attorney general, remain in effect at a minimum until after the trial of the suspended vendor. The authority to remove or suspend must be exercised in accordance with rules adopted by the department.   (3) The causes for removal or suspension include the following:   (a) violation of contract provisions, as set forth in subsections (3)(a)(i) and (3)(a)(ii), of a character that is regarded by the department to be so serious as to justify removal action:   (i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or   (ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for removal;   (b) failure to respond to a number of solicitations over a period of time as determined by the department in accordance with rules or failure to provide the department with a correct address;   (c) any other cause that the department determines to be so serious and compelling as to affect responsibility as a state contractor, including removal by another governmental entity; and   (d) failure to comply with the provisions of Title 39, chapter 51, or Title 39, chapter 71.   (4) The department shall issue a written decision to remove or suspend a vendor, stating the reasons for the action taken, for reasons other than those reasons provided in subsection (3)(b). A copy of the decision must be mailed or otherwise furnished immediately to the vendor involved.   History: En. Sec. 9, Ch. 519, L. 1983; amd. Sec. 26, Ch. 234, L. 1987; amd. Sec. 9, Ch. 443, L. 1997.
MT Code § 18-4-301 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-301. Definitions

  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.   History: En. Sec. 12, Ch. 519, L. 1983; amd. Sec. 1, Ch. 303, L. 1987; amd. Sec. 1, Ch. 761, L. 1991; amd. Secs. 18, 19, Ch. 181, L. 2001; amd. Sec. 3, Ch. 289, L. 2005; amd. Sec. 1, Ch. 226, L. 2007; amd. Sec. 1, Ch. 145, L. 2015.
MT Code § 18-4-304 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-304. Competitive sealed proposals

  18-4-304. Competitive sealed proposals. (1) The department may procure supplies and services through competitive sealed proposals.   (2) Proposals must be solicited through a request for proposals.   (3) Adequate public notice of the request for proposals must be given in the same manner as provided in 18-4-303(2).   (4) After the proposals have been opened at the time and place designated in the request for proposals and reviewed by the procurement officer for release, proposal documents may be inspected by the public, subject to the limitations of:   (a) the Uniform Trade Secrets Act, Title 30, chapter 14, part 4;   (b) matters involving individual safety as determined by the department; and   (c) other constitutional protections.   (5) The request for proposals must state the evaluation criteria and their relative importance. If an award is made, it must be made to the responsible and responsive offeror whose proposal best meets the evaluation criteria. Other criteria may not be used in the evaluation. The contract file must demonstrate the basis on which the award is made.   (6) The department may discuss a proposal with an offeror for the purpose of clarification or revision of the proposal.   History: En. Sec. 15, Ch. 519, L. 1983; amd. Sec. 10, Ch. 130, L. 1995; amd. Sec. 13, Ch. 443, L. 1997; amd. Sec. 2, Ch. 416, L. 1999; amd. Sec. 5, Ch. 289, L. 2005.
MT Code § 18-4-305 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-305. Small purchases and limited solicitations

  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.   History: En. Sec. 16, Ch. 519, L. 1983; amd. Sec. 14, Ch. 443, L. 1997.
MT Code § 18-4-306 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-306. Sole source procurement -- records

  18-4-306. Sole source procurement -- records. (1) A contract may be awarded for a supply or service item without competition when, under rules adopted by the department, the director, the head of a purchasing agency, or a designee of either officer above the level of the procurement officer determines in writing that:   (a) there is only one source for the supply or service item;   (b) only one source is acceptable or suitable for the supply or service item; or   (c) the supply or service item must be compatible with current supplies or services.   (2) The department may require the submission of cost or pricing data in connection with an award under this section.   (3) The department shall maintain or shall require the head of a purchasing agency to maintain a record listing all contracts made under this section for a minimum of 4 years. The record must contain:   (a) each contractor's name;   (b) the amount and type of each contract; and   (c) a listing of the supplies or services procured under each contract.   (4) The record must be available for public inspection.   History: En. Secs. 17, 27, Ch. 519, L. 1983; amd. Sec. 21, Ch. 181, L. 2001.
MT Code § 18-4-307 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-307. Cancellation of invitations for bids or requests for proposals

  18-4-307. Cancellation of invitations for bids or requests for proposals. 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 therefor must be made part of the contract file.   History: En. Sec. 18, Ch. 519, L. 1983.
MT Code § 18-4-308 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-308. Nonresponsibility of bidders and offerors

  18-4-308. Nonresponsibility of bidders and offerors. A written determination of nonresponsibility of a bidder or offeror must be made in accordance with rules adopted by the department. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to that bidder or offeror.   History: En. Sec. 19, Ch. 519, L. 1983; amd. Sec. 6, Ch. 289, L. 2005.
MT Code § 18-4-309 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-309. Prequalification of suppliers

  18-4-309. Prequalification of suppliers. Prospective suppliers may be prequalified in accordance with department rules for particular types of supplies and services.   History: En. Sec. 20, Ch. 519, L. 1983; amd. Sec. 15, Ch. 443, L. 1997.
MT Code § 18-4-310 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-310. Types of contracts

  18-4-310. Types of contracts. Any type of contract that will promote the best interests of the state may be used.   History: En. Sec. 21, Ch. 519, L. 1983; amd. Sec. 16, Ch. 443, L. 1997.
MT Code § 18-4-311 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-311. Repealed

  18-4-311. Repealed. Sec. 1, Ch. 87, L. 2017.   History: En. Sec. 22, Ch. 519, L. 1983.
MT Code § 18-4-314 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 4. Montana Procurement Act|Part 3. Procurement Procedure|18-4-314. Reporting of anticompetitive practices

  18-4-314. Reporting of anticompetitive practices. If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general by the department.   History: En. Sec. 25, Ch. 519, L. 1983.