reglab/housing_qa huggingface dataset:
MT Code § 18-8-102 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-102. Repealed

  18-8-102. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 2, Ch. 547, L. 1981.
MT Code § 18-8-103 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-103. Repealed

  18-8-103. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 3, Ch. 547, L. 1981; amd. Sec. 1, Ch. 215, L. 1983; amd. Sec. 1, Ch. 231, L. 1985; amd. Sec. 2, Ch. 548, L. 1989; amd. Sec. 2, Ch. 630, L. 1993; amd. Sec. 3, Ch. 359, L. 1995.
MT Code § 18-8-104 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-104. Repealed

  18-8-104. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 4, Ch. 547, L. 1981.
MT Code § 18-8-105 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-105. Repealed

  18-8-105. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 6, Ch. 547, L. 1981; amd. Sec. 1, Ch. 509, L. 1983.
MT Code § 18-8-106 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-106. Repealed

  18-8-106. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 7, Ch. 547, L. 1981.
MT Code § 18-8-107 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-107. through 18-8-110 reserved

  18-8-107 through 18-8-110 reserved.
MT Code § 18-8-111 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-111. Repealed

  18-8-111. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 5, Ch. 547, L. 1981.
MT Code § 18-8-112 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 1. Consultants (Repealed)|18-8-112. Repealed

  18-8-112. Repealed. Sec. 21, Ch. 443, L. 1997.   History: En. Sec. 8, Ch. 547, L. 1981.
MT Code § 18-8-201 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-201. Statement of policy

  18-8-201. Statement of policy. The legislature hereby establishes a state policy that governmental agencies publicly announce requirements for architectural, engineering, and land surveying services and negotiate contracts for such professional services on the basis of demonstrated competence and qualifications for the type of professional services required and at fair and reasonable prices.   History: En. Sec. 1, Ch. 51, L. 1987.
MT Code § 18-8-202 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-202. Definitions

  18-8-202. Definitions. Unless the context clearly indicates otherwise, in this part, the following definitions apply:   (1) "Agency" means a state agency, local agency, or special district.   (2) "Architectural, engineering, and land surveying" means services rendered by a person, other than as an employee of an agency, contracting to perform activities within the scope of the general definition of professional practice and licensed for the respective practice as an architect pursuant to Title 37, chapter 65, or an engineer or land surveyor pursuant to Title 37, chapter 67.   (3) "Licensed professional" or "licensed architect, professional engineer, professional land surveyor" means a person providing professional services who is not an employee of the agency for which the services are provided.   (4) "Local agency" means a city, town, county, special district, municipal corporation, agency, port district or authority, airport authority, political subdivision of any type, or any other entity or authority of local government, in corporate form or otherwise.   (5) "Person" means an individual, organization, group, association, partnership, firm, joint venture, or corporation.   (6) "Special district" means a unit of local government, other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, including but not limited to water districts, irrigation districts, fire districts, fire service areas, school districts, community college districts, hospital districts, sewer districts, and transportation districts.   (7) "State agency" means a department, agency, commission, bureau, office, or other entity or authority of state government.   History: En. Sec. 2, Ch. 51, L. 1987; amd. Sec. 49, Ch. 51, L. 1999; amd. Sec. 5, Ch. 449, L. 2007.
MT Code § 18-8-203 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-203. Public notice of agency requirements

  18-8-203. Public notice of agency requirements. Each agency shall publish in advance its requirement for professional services. The announcement must state concisely the general scope and nature of the project or work for which the services are required and the address of a representative of the agency who can provide further details. An agency may comply with this section by:   (1) publishing an announcement on each occasion when professional services provided by a licensed professional are required by the agency; or   (2) announcing generally to the public its projected requirement for any category or type of professional services.   History: En. Sec. 3, Ch. 51, L. 1987.
MT Code § 18-8-204 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-204. Procedures for selection

  18-8-204. Procedures for selection. (1) In the procurement of architectural, engineering, and land surveying services, the agency may encourage firms engaged in the lawful practice of their profession to submit annually or biennially a statement of qualifications and performance data. The agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.  (2) (a) The agency shall then select, based on criteria established under agency procedures and guidelines and the law, the firm considered most qualified to provide the services required for the proposed project.   (b) The agency procedures and guidelines must be available to the public and include at a minimum the following criteria as they relate to each firm:   (i) the qualifications of professional personnel to be assigned to the project;   (ii) capability to meet time and project budget requirements;   (iii) location;   (iv) present and projected workloads;   (v) related experience on similar projects; and   (vi) recent and current work for the agency.   (c) The agency shall follow the minimum criteria of this part if no other agency procedures are specifically adopted.   (3) After conducting an evaluation of firms pursuant to subsections (1) and (2)(b), a local agency may enter into a contract with one or more of those firms to provide architectural, engineering, or land surveying services on an as-needed basis for one or more projects and for a term to be mutually agreed to by the parties. Nothing in this subsection prevents a local agency from following the procurement procedures in this part for professional services for a particular project, unless a contract made pursuant to this subsection provides otherwise.   (4) The provisions of this section do not apply to procurement of architectural, engineering, and land surveying services for projects that the transportation commission has approved as part of the design-build contracting program authorized in 60-2-137.   History: En. Sec. 4, Ch. 51, L. 1987; amd. Sec. 5, Ch. 192, L. 2003; amd. Sec. 1, Ch. 56, L. 2007; amd. Sec. 1, Ch. 188, L. 2007; amd. Sec. 1, Ch. 308, L. 2017; amd. Sec. 3, Ch. 111, L. 2021.
MT Code § 18-8-205 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-205. Negotiation of contract for services

  18-8-205. Negotiation of contract for services. (1) The agency shall negotiate a contract with the most qualified firm for architectural, engineering, and land surveying services at a price that the agency determines to be fair and reasonable. In making its determination, the agency shall take into account the estimated value of the services to be rendered, as well as the scope, complexity, and professional nature of the services.  (2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm must be formally terminated and the agency shall select other firms in accordance with 18-8-204 and continue as directed in this section until an agreement is reached or the process is terminated.   (3) The provisions of this section do not apply to the negotiation of contracts for projects that the transportation commission has approved as part of the design-build contracting program authorized in 60-2-137.   History: En. Sec. 5, Ch. 51, L. 1987; amd. Sec. 6, Ch. 192, L. 2003; amd. Sec. 2, Ch. 56, L. 2007; amd. Sec. 4, Ch. 111, L. 2021.
MT Code § 18-8-206 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-206. through 18-8-209 reserved

  18-8-206 through 18-8-209 reserved.
MT Code § 18-8-210 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-210. Energy performance contracts exempt

  18-8-210. Energy performance contracts exempt. This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.   History: En. Sec. 12, Ch. 162, L. 2005.
MT Code § 18-8-211 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-211. Coordination with other statutes

  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.   History: En. Sec. 6, Ch. 51, L. 1987; amd. Sec. 19, Ch. 443, L. 1997.
MT Code § 18-8-212 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 8. Procurement of Services|Part 2. Architectural, Engineering, and Land Surveying Services|18-8-212. Exception

  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.   History: En. Sec. 7, Ch. 51, L. 1987; amd. Sec. 3, Ch. 22, L. 1993; amd. Sec. 7, Ch. 518, L. 1993; amd. Sec. 1, Ch. 162, L. 2003; amd. Sec. 2, Ch. 308, L. 2017.
MT Code § 18-11-101 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-101. Short title -- purpose

  18-11-101. Short title -- purpose. (1) This chapter shall be known and may be cited as the "State-Tribal Cooperative Agreements Act".   (2) It is the intent of the legislature that this part be used to promote cooperation between the state or a public agency and a sovereign tribal government in mutually beneficial activities and services.   (3) It is the goal of the legislature to prevent the possibility of dual taxation by governments while promoting state, local, and tribal economic development.   History: En. Sec. 1, Ch. 309, L. 1981; (2), (3)En. Sec. 1, Ch. 625, L. 1993.
MT Code § 18-11-102 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-102. Definitions

  18-11-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:   (1) "Public agency" means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana.   (2) "Tribal government" means the officially recognized government of any Indian tribe, nation, or other organized group or community located in Montana exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians.   History: En. Sec. 2, Ch. 309, L. 1981.
MT Code § 18-11-103 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-103. Authorization to enter agreement -- general contents

  18-11-103. Authorization to enter agreement -- general contents. (1) Any one or more public agencies may enter into an agreement with any one or more tribal governments to:   (a) perform any administrative service, activity, or undertaking that a public agency or a tribal government entering into the contract is authorized by law to perform; and   (b) assess and collect or refund any tax or license or permit fee lawfully imposed by the state or a public agency and a tribal government and to share or refund the revenue from the assessment and collection.   (2) The agreement must be authorized and approved by the governing body of each party to the agreement. If a state agency is a party to an agreement, the governor or the governor's designee is the governing body.   (3) The agreement must set forth fully the powers, rights, obligations, and responsibilities of the parties to the agreement.   (4) (a) Prior to entering into an agreement on taxation with a tribal government, a public agency shall provide public notice and hold a public meeting on the reservation whose government is a party to the proposed agreement for the purpose of receiving comments from and providing written and other information to interested persons with respect to the proposed agreement.   (b) At least 14 days but not more than 30 days prior to the date scheduled for the public meeting, a notice of the proposed agreement and public meeting must be published in a newspaper of general circulation in the county or counties in which the reservation is located.   (c) At the time the notice of the meeting is published, a synopsis of the proposed agreement must be made available to interested persons.   History: En. Sec. 3, Ch. 309, L. 1981; amd. Sec. 2, Ch. 625, L. 1993.
MT Code § 18-11-104 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-104. Detailed contents of agreement

  18-11-104. Detailed contents of agreement. (1) The agreement authorized by 18-11-103 must specify the following:   (a) its duration;   (b) the precise organization, composition, and nature of any separate legal entity created by the agreement;   (c) the purpose of the agreement;   (d) the manner of financing the agreement and establishing and maintaining a budget for the agreement;   (e) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination;   (f) provision for administering the agreement, which may include creation of a joint board responsible for administration;   (g) the manner of acquiring, holding, and disposing of real and personal property used in the agreement; and   (h) other necessary and proper matters.   (2) If an agreement involves law enforcement, it must also include:   (a) the minimum training standards and qualifications of law enforcement personnel;   (b) the respective liability of each public agency and tribal government for the actions of law enforcement officers when acting under the provisions of an agreement;   (c) the minimum insurance required of both the public agency and the tribal government; and   (d) the exact chain of command to be followed by law enforcement officers acting under the provisions of an agreement.   (3) If an agreement involves the assessment and collection or refund of a similar tax or license or permit fee by the state or a public agency and a tribal government, it must also include:   (a) the procedure for determining the amount of revenue to be shared by the state or a public agency and the tribal government;   (b) the administrative procedures for collection of the shared revenue;   (c) the minimum insurance or bonding, if any, required by the state or a public agency or the tribal government;   (d) a statement specifying the administrative expenses, if any, to be deducted pursuant to 18-11-112 by the collector of the tax or license or permit fee;   (e) a statement that the state or a public agency or the tribal government collecting the tax or license or permit fee is subject to an audit report by a mutually agreed upon auditor of the revenue collected and administrative expenses;   (f) a statement that the state or a public agency and the tribal government will cooperate to collect only one tax and will share or refund the revenue as specified in the agreement;   (g) a statement that a taxpayer may not be required to pay both the state tax and the tribal tax but shall pay only one tax to one government in an amount established in the agreement; and   (h) a statement that the parties to the agreement are not forfeiting any legal rights to apply their respective taxes by entering into an agreement, except as specifically set forth in the agreement.   History: En. Sec. 4, Ch. 309, L. 1981; amd. Sec. 3, Ch. 625, L. 1993.
MT Code § 18-11-105 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-105. Submission of agreement to attorney general

  18-11-105. Submission of agreement to attorney general. (1) As a condition precedent to an agreement made under this chapter becoming effective, it must have the approval of the attorney general of Montana.   (2) The attorney general shall approve an agreement submitted under this chapter unless the attorney general finds that the agreement is not in proper form, does not meet the requirements set forth in this chapter, or otherwise does not conform to the laws of Montana. If the attorney general disapproves an agreement, the attorney general shall provide a detailed, written statement to the governing bodies of the public agency and tribal government concerned, specifying the reasons for disapproval.   (3) If the attorney general does not disapprove the agreement within 30 days after its submission, it must be considered approved.   History: En. Sec. 5, Ch. 309, L. 1981; amd. Sec. 228, Ch. 56, L. 2009.
MT Code § 18-11-106 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-106. Repealed

  18-11-106. Repealed. Sec. 2, Ch. 38, L. 1985.   History: En. Sec. 6, Ch. 309, L. 1981.
MT Code § 18-11-107 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-107. Filing of agreement

  18-11-107. Filing of agreement. (1) Within 60 days after approval by the attorney general and signature of the parties, an agreement made pursuant to this chapter must be filed with:   (a) the regional office of the bureau of Indian affairs of the United States department of the interior having trust responsibility for the tribe that is party to the agreement or its successor agency;   (b) each county clerk and recorder of each county where the principal office of one of the parties to the agreement is located, except as provided in (2) of this section;   (c) the secretary of state; and   (d) the affected tribal government.   (2) If a party to the agreement is a state agency, the agreement need not be filed with the county clerk and recorder for Lewis and Clark County.   History: En. Sec. 7, Ch. 309, L. 1981; amd. Sec. 1, Ch. 38, L. 1985; amd. Sec. 1, Ch. 54, L. 2001.
MT Code § 18-11-108 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-108. Revocation of agreement

  18-11-108. Revocation of agreement. An agreement made pursuant to this chapter is subject to revocation by any party upon 6 months' notice to the other unless a different notice period of time is provided for within the agreement. No agreement may provide for a notice period for revocation in excess of 5 years.   History: En. Sec. 8, Ch. 309, L. 1981.
MT Code § 18-11-109 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-109. Authorization to appropriate funds for purpose of agreement

  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.   History: En. Sec. 9, Ch. 309, L. 1981.
MT Code § 18-11-110 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-110. Specific limitations on agreements

  18-11-110. Specific limitations on agreements. Nothing in this chapter may be construed to authorize an agreement that:   (1) is not permitted by federal law. However, the parties are encouraged to deal with substantive matters and enforcement matters that can be mutually agreed upon, but no such agreement may be considered to affect the underlying jurisdictional authority of any party unless expressly authorized by congress.   (2) authorizes a public agency or tribal government, either separately or pursuant to agreement, to expand or diminish the jurisdiction presently exercised by the government of the United States to make criminal laws for or enforce criminal laws in Indian country; or   (3) authorizes a public agency or tribal government to enter into an agreement except as authorized by their own organizational documents or enabling laws.   History: En. Sec. 10, Ch. 309, L. 1981; amd. Sec. 1, Ch. 81, L. 1985.
MT Code § 18-11-111 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 11. State-Tribal Cooperative Agreements|Part 1. General Provisions|18-11-111. Repealed

  18-11-111. Repealed. Sec. 2, Ch. 54, L. 2001.   History: En. Sec. 11, Ch. 309, L. 1981.