reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 1. Sheltered Workshops › 18-5-102. Duties and powers of department of administration

18-5-102. Duties and powers of department of administration.
(1) The department shall maintain a current list of facilities located in this state, including a list of products and services provided by each facility, based on information provided by the facilities. A facility requesting to be included on the list shall indicate the products and services available from it and shall provide the department with updated information, as necessary.
(2) The department may contract with a nonprofit organization to:
(a) certify facilities;
(b) provide technical assistance to facilities on matters of product or service capabilities;
(c) facilitate distribution of orders among facilities and to ensure equal opportunity in obtaining orders.
(3) The department shall adopt, revise, and amend rules to implement this part in accordance with the procedures of the Montana Administrative Procedure Act.
History: En. 82-1942 by Sec. 2, Ch. 547, L. 1977; R.C.M. 1947, 82-1942; amd. Sec. 1, Ch. 270, L. 1985; amd. Sec. 17, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 1. Sheltered Workshops › 18-5-103. Procurement requirements

18-5-103. Procurement requirements.
State departments, institutions, and agencies may procure listed products and services from a facility. The provisions of this title relating to competitive bidding do not apply to purchases made in accordance with this part.
History: En. 82-1943 by Sec. 3, Ch. 547, L. 1977; R.C.M. 1947, 82-1943; amd. Sec. 2, Ch. 270, L. 1985; amd. Sec. 18, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 1. Sheltered Workshops › 18-5-104. Repealed

18-5-104. Repealed.
Sec. 7, Ch. 58, L. 1979.
History: En. 82-1938, 82-1939, 82-1940 by Secs. 1, 2, 3, Ch. 123, L. 1974; R.C.M. 1947, 82-1938, 82-1939, 82-1940.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 2. Surplus Property Procurement › 18-5-201. Administration of the state agency for federal surplus property

18-5-201. Administration of the state agency for federal surplus property.
There is a Montana state agency for federal surplus property that is administered by a department designated by the governor. The director of the department may prescribe the duties of personnel needed to carry out the duties under this part.
History: En. Sec. 1, Ch. 136, L. 1953; amd. Sec. 1, Ch. 478, L. 1977; R.C.M. 1947, 82-3101; amd. Sec. 2, Ch. 485, L. 1989.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 2. Surplus Property Procurement › 18-5-203. Agency for surplus property -- authorization for financing

18-5-203. Agency for surplus property -- authorization for financing.
The state agency for surplus property must be self-sustaining and shall pay for its operation and maintenance directly from receipts from surplus property that must be deposited in the treasury in an enterprise fund.
History: En. Sec. 4, Ch. 136, L. 1953; amd. Sec. 66, Ch. 147, L. 1963; amd. Sec. 1, Ch. 389, L. 1977; amd. Sec. 3, Ch. 478, L. 1977; R.C.M. 1947, 82-3104; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 42, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 2. Surplus Property Procurement › 18-5-204. Department director -- delegating powers

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.
History: En. as addition to Ch. 31, Title 82, 1947 Code by Sec. 2, Ch. 166, L. 1957; amd. Sec. 49, Ch. 177, L. 1965; amd. Sec. 4, Ch. 478, L. 1977; R.C.M. 1947, 82-3105; amd. Sec. 226, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 2. Surplus Property Procurement › 18-5-205. Officers or employees authorized to secure transfer of federal surplus property

18-5-205. Officers or employees authorized to secure transfer of federal surplus property.
(1) Notwithstanding any provision of law to the contrary, the governing board or, if there is none, the executive head of a state department or agency or of a city, county, school district, or other political subdivision may by order or resolution confer upon an officer or employee continuing authority to:
(a) secure the transfer to it of surplus property under this part through the department designated in 18-5-201 under the provisions of section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended; and
(b) obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of the transfers.
(2) The authority conferred upon an officer or employee by an order or resolution remains in effect until the order or resolution is revoked and written notice of the revocation has been received by the department.
History: En. as addition to Ch. 31, Title 82, 1947 Code by Sec. 3, Ch. 166, L. 1957; amd. Sec. 5, Ch. 478, L. 1977; R.C.M. 1947, 82-3106; amd. Sec. 3, Ch. 485, L. 1989.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-301. Repealed

18-5-301. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1929 by Sec. 1, Ch. 204, L. 1974; R.C.M. 1947, 82-1929.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-302. Repealed

18-5-302. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1930 by Sec. 2, Ch. 204, L. 1974; R.C.M. 1947, 82-1930.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-303. Repealed

18-5-303. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1931 by Sec. 3, Ch. 204, L. 1974; R.C.M. 1947, 82-1931; amd. Sec. 1, Ch. 271, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-304. Repealed

18-5-304. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1932 by Sec. 4, Ch. 204, L. 1974; amd. Sec. 7, Ch. 97, L. 1977; R.C.M. 1947, 82-1932; amd. Sec. 2, Ch. 271, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-305. Repealed

18-5-305. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1933 by Sec. 5, Ch. 204, L. 1974; R.C.M. 1947, 82-1933; amd. Sec. 3, Ch. 271, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-306. Repealed

18-5-306. Repealed.
Sec. 4, Ch. 271, L. 1999.
History: En. 82-1934 by Sec. 6, Ch. 204, L. 1974; R.C.M. 1947, 82-1934.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-307. Repealed

18-5-307. Repealed.
Sec. 4, Ch. 271, L. 1999.
History: En. 82-1935 by Sec. 7, Ch. 204, L. 1974; R.C.M. 1947, 82-1935.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 3. Small Business Preferences (Repealed) › 18-5-308. Repealed

18-5-308. Repealed.
Secs. 4(2), 5(2), Ch. 271, L. 1999.
History: En. 82-1936 by Sec. 8, Ch. 204, L. 1974; R.C.M. 1947, 82-1936; amd. Sec. 23, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-401. Purpose

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.
History: En. Sec. 1, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-402. Definitions

18-5-402. Definitions.
As used in this part, the following definitions apply:
(1) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision in the better eye to such a degree that the widest diameter of the visual field subtends an angle that is not greater than 20 degrees as determined by an ophthalmologist or a physician skilled in diseases of the eye.
(2) "Blind vendor" means a person certified as a blind person for the purpose of this part and who is operating a vending facility administered by the department.
(3) "Certified blind person" means a blind person whom the department has determined to be a blind person as defined in this part, who is in need of vocational opportunities, and who is qualified to operate a vending facility.
(4) "Department" means the department of public health and human services.
(5) "Federal property" means buildings or portions of buildings or other real property owned or leased by the federal government upon which the department may administer vending facilities by an agreement entered into under the authority of the federal Randolph-Sheppard Act, as amended.
(6) "Other property" means all real property other than state or federal property as defined in this part.
(7) "State property" means those buildings or portions of buildings or other real property owned or leased under a lease-purchase agreement or, in the case of a building, leased in its entirety by the state or agencies of the state and used in the conduct of state matters and occupied principally by state employees. State property for the purpose of this part does not include vocational institutions or institutions of higher education.
(8) "Vending facility" means an area and equipment inclusive of vending machines on state property that is or may be used in providing a food, beverage, or other service to employees and other persons present on the property.
(9) (a) "Vending machine" means a device for the dispensing of foodstuffs, liquids, or other products when money is inserted into the device.
(b) The term does not include postage stamp machines or coin-operated telephones.
(10) "Vocational rehabilitation programs" means those programs provided for under the federal Randolph-Sheppard Act, as amended, and Title 53, chapter 7, part 3.
History: En. Sec. 2, Ch. 175, L. 1981; amd. Sec. 64, Ch. 546, L. 1995; amd. Sec. 1, Ch. 249, L. 2005.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-403. Certification and eligibility of blind persons

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.
History: En. Sec. 3, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-404. Vending facilities, equipment, and supplies -- available to certified blind persons

18-5-404. Vending facilities, equipment, and supplies -- available to certified blind persons.
(1) The department may make available to a certified blind person a vending facility appropriate for providing that person with a business opportunity determined by the department to be suitable for that person.
(2) The department may, through the vocational rehabilitation programs it administers, provide by sale, lease, loan, or grant such equipment, stocks, and supplies as may be necessary for a blind vendor to establish or improve a vending facility business. The department shall retain a first option to repurchase any equipment it has sold to a blind vendor.
History: En. Sec. 4, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-406. Health and retirement fund -- services to vendors

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.
History: En. Sec. 6, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-411. Administration of vending facilities -- state properties

18-5-411. Administration of vending facilities -- state properties.
(1) The department of administration or any other department of state government that administers state property subject to this part shall transfer to the department the management and control of any vending facility that the department has determined is an appropriate facility for the purposes of this part and that the department has determined is needed for the purposes of this part.
(2) The department of administration or any other department of state government that administers state property subject to this part shall give reasonable notice to the department of the expiration or termination of any lease or contract in effect for a vending facility.
(3) Upon receipt of the notice, the department shall give reasonable notice to the department of administration or other department of state government that sent the notice required in subsection (2) stating that the department has determined that the vending facility is either appropriate and needed for the purposes of this part or that it is not.
(4) A state agency administering state property shall consult with the department when planning for a new state building, planning for remodeling of or addition to an existing state building, or negotiating the lease of a building for state use to determine what vending facilities might be appropriate for the site and plan for the vending facilities.
(5) The department shall administer those vending facilities that are determined to be appropriate and necessary.
History: En. Sec. 5, Ch. 175, L. 1981; amd. Sec. 227, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-412. Administration of vending facilities on other property

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.
History: En. Sec. 9, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-413. Implementation of Randolph-Sheppard Act, as amended

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.
History: En. Sec. 10, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-415. Operation of facilities

18-5-415. Operation of facilities.
(1) The department is not subject to any requirements for competitive bidding on state leases or services to the state on vending facilities that are to be made available to certified blind persons or when purchasing initial supplies for the purpose of assisting a blind vendor.
(2) The department may temporarily operate a vending facility administered by the department if there is no certified blind person qualified to operate that facility.
(3) Neither a blind vendor nor the department is required to pay for rent, utilities, janitorial services in accessible public areas, or building maintenance costs for the space occupied by a vending facility on state property. The department may charge a use fee in lieu of rental, on a basis to be determined by the department, in the case of any blind vendor operating a vending facility on state property whose net income for at least 10 of the preceding 12 months has exceeded twice the poverty level income for a nonfarm family of four as determined by the federal government.
(4) The department may purchase, sell, lease, maintain, and manage as necessary the equipment, stocks, and supplies required for the operation of those vending facilities administered as provided for in this part.
(5) The department shall, by rule, provide for appropriate allocation between the department and the blind vendors of liability for the operation of vending facilities operated pursuant to this part.
(6) After consultation with departments that are served by vending facilities subject to this part, the department may take action as necessary to assure the quality of services being provided by blind vendors.
History: En. Secs. 5, 7, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 4. Vending Facilities › 18-5-416. Vending machines

18-5-416. Vending machines.
The department may, except on state property, directly or through contractual arrangements, operate a facility consisting solely of vending machines if it has determined that operation by a blind vendor would be inappropriate. The department shall not directly operate vending machines on any state property where the department does not directly operate vending machines on October 1, 1981, unless, after competitive bid, the department is unable to obtain a suitable private contractor to operate vending machines on the state property. The department shall not, except through competitive bid, authorize a blind vendor to operate on state property a vending facility which consists solely or primarily of vending machines and which does not require the active presence of a vendor during its hours of operation.
History: En. Sec. 5, Ch. 175, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 5. Blind Person Preference › 18-5-501. Definitions

18-5-501. Definitions.
For purposes of this part, the following definitions apply:
(1) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision in the better eye to such a degree that the widest diameter of the visual field subtends an angle no greater than 20 degrees as determined by an ophthalmologist or a physician skilled in diseases of the eye.
(2) "Department" means the department of administration.
(3) "Purchasing agency" means any state agency authorized by Title 18, chapter 4, to enter into contracts.
(4) "Responsible bidder" means a person who has the capability in all respects to fully perform the requirements of a contract and has the integrity and reliability that assure good faith performance.
(5) (a) "State property" means a building or portion of a building or other real property that is:
(i) owned or leased by the state or an agency of the state;
(ii) utilized in the conduct of state matters; and
(iii) occupied principally by state employees.
(b) State property does not include vocational institutions or institutions of higher education.
(6) "Vending facility" means the area and equipment, including vending machines, on state property which are utilized in providing a food or beverage service to employees and other persons present on the property.
(7) "Vending machine" means a device for the dispensing of foodstuffs, liquids, or other products when money is inserted into the device. Vending machine does not include a postage stamp machine, photocopy machine, or coin-operated telephone.
History: En. Sec. 1, Ch. 36, Sp. L. June 1986.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 5. Blind Person Preference › 18-5-502. Preference to blind persons

18-5-502. Preference to blind persons.
(1) Whenever state property is proposed to be made available to private persons for use as a vending facility, if two or more substantially equal proposals submitted by responsible bidders are determined to most closely meet the purchasing agency's specifications and if one of the proposals has been submitted by a blind person, the contract must be awarded to the blind person.
(2) For purposes of this section, proposals are substantially equal if their overall ratings, as determined by the purchasing agency in accordance with the request for proposal, do not differ by more than 3%.
(3) Any contract awarded pursuant to this section to a blind person must prohibit transfer of the contract by sublease, assignment, or any other method.
History: En. Sec. 2, Ch. 36, Sp. L. June 1986.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 5. Blind Person Preference › 18-5-503. Application of state procurement law

18-5-503. Application of state procurement law.
Procurement under this part is subject to all other statutes governing state procurement except that in case of conflict the provisions of this part apply.
History: En. Sec. 4, Ch. 36, Sp. L. June 1986.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 6. Nonvisual Access Technology Procurement › 18-5-601. Findings -- policy

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.
History: En. Sec. 1, Ch. 429, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 6. Nonvisual Access Technology Procurement › 18-5-602. Definitions

18-5-602. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Access" means the ability to receive, use, and manipulate data and operate controls included in information technology.
(2) "Blind or visually impaired" means an individual who has:
(a) a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees;
(b) a medically indicated expectation of visual deterioration; or
(c) a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability.
(3) "Information technology" means all electronic information processing hardware and software, including telecommunications.
(4) "Nonvisual" means synthesized speech, Braille, and other output methods not requiring sight.
(5) "Readily adaptable" means that all critical components of information may be rendered by the information technology in equivalent nonvisual formats and that the installation or operation of software or hardware adaptations for speech, Braille, or other nonvisual formats do not require extraordinary alterations to the information technology.
(6) "State agency" means a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget.
(7) "Telecommunications" means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.
(8) "Undue burden" means compliance may be accomplished only by incurring an undue financial or administrative burden or by fundamentally altering a program or activity.
History: En. Sec. 2, Ch. 429, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 6. Nonvisual Access Technology Procurement › 18-5-603. Nonvisual access ensured

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.
History: En. Sec. 3, Ch. 429, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 6. Nonvisual Access Technology Procurement › 18-5-604. Procurement requirements

18-5-604. Procurement requirements.
(1) The technology access clause, referred to in 18-5-603(3), must be developed by the department of administration and must require compliance with nonvisual access standards developed by the state. The access clause and the nondiscrimination language required in 49-3-207 must be inserted in all contracts for the procurement of information technology by, or for the use of, state agencies.
(2) The nonvisual access standards developed pursuant to subsection (1) must include specifications that are necessary to fulfill the assurances contained in 18-5-603 and must include the following minimum specifications:
(a) Effective, interactive control and use of the technology, including the operating system, applications programs, and format of the data presented, are readily adaptable to nonvisual means.
(b) The technology equipped for nonvisual access must be compatible with information technology used by other individuals with whom the blind or visually impaired individual may interact or exchange electronic information.
(c) Nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public.
(d) The technology for nonvisual access must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.
History: En. Sec. 4, Ch. 429, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 6. Nonvisual Access Technology Procurement › 18-5-605. Implementation

18-5-605. Implementation.
(1) For the purposes of ensuring the effective phasing in of nonvisual access technology procurement, the head of any state agency may not approve exclusion of the technology access clause required by 18-5-604 from any contract with respect to the compatibility of standard operating systems and software with nonvisual access software and peripheral devices or with respect to the initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software.
(2) This section does not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
(3) Notwithstanding subsection (2), the applications programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of nonvisual access software and peripheral devices.
(4) Compliance with this part with regard to information technology purchased prior to July 1, 2001, must be achieved at the time of procurement of an upgrade or replacement of existing equipment or software.
(5) A state agency may be exempted from the provisions of this part if the state agency makes a good faith determination that compliance would result in an undue burden.
History: En. Sec. 5, Ch. 429, L. 2001; amd. Sec. 40, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 6. Sales › Part 1. Sale of State Property › 18-6-101. Power to sell state property -- proceeds credited to general fund

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.
History: En. Sec. 4, Ch. 66, L. 1923; re-en. Sec. 293.4, R.C.M. 1935; amd. Sec. 74, Ch. 199, L. 1965; amd. Sec. 1, Ch. 11, L. 1971; amd. Sec. 68, Ch. 326, L. 1974; R.C.M. 1947, 82-1914(part); amd. Sec. 4, Ch. 58, L. 1979; amd. Sec. 1, Ch. 346, L. 1981; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 2, Ch. 234, L. 1991; amd. Sec. 3, Ch. 441, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 6. Sales › Part 1. Sale of State Property › 18-6-102. Interagency transfers

18-6-102. Interagency transfers.
If a state institution or agency needs and requests the materials, etc., to be disposed of, that institution or agency, upon the approval of the governor, may receive the materials, etc., requested.
History: En. Sec. 4, Ch. 66, L. 1923; re-en. Sec. 293.4, R.C.M. 1935; amd. Sec. 74, Ch. 199, L. 1965; amd. Sec. 1, Ch. 11, L. 1971; amd. Sec. 68, Ch. 326, L. 1974; R.C.M. 1947, 82-1914(part).
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 6. Sales › Part 1. Sale of State Property › 18-6-103. Highway equipment by bid

18-6-103. Highway equipment by bid.
All sales of highway equipment shall be by public auction or sealed bids, and all proceeds received by the department from the sale of all material, supplies, equipment, and all other personal property of the department of transportation shall be placed in the highway account of the state special revenue fund or in the appropriate enterprise or internal service fund account.
History: En. Sec. 4, Ch. 66, L. 1923; re-en. Sec. 293.4, R.C.M. 1935; amd. Sec. 74, Ch. 199, L. 1965; amd. Sec. 1, Ch. 11, L. 1971; amd. Sec. 68, Ch. 326, L. 1974; R.C.M. 1947, 82-1914(2); amd. Sec. 1, Ch. 35, L. 1981; amd. Secs. 1, 3, Ch. 277, L. 1983; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-101. Power to contract for printing -- exceptions

18-7-101. Power to contract for printing -- exceptions.
(1) Except as provided in 1-11-301, 16-12-104, and 16-12-503, the department has exclusive power, subject to the approval of the governor, to contract for all printing for any purpose used by the state in any state office (elective or appointive), agency, or institution.
(2) The department shall supervise and attend to all public printing of the state as provided in this chapter and shall prevent duplication and unnecessary printing.
(3) Unless otherwise provided by law, the department, in letting contracts as provided in this chapter, for the printing, binding, and publishing of all laws, journals, and reports of the state agencies and institutions may determine the quantity, quality, style, and grade of all such printing, binding, and publishing.
(4) The provisions of this chapter do not apply to the state compensation insurance fund for purposes of external marketing or educational materials.
History: En. Sec. 6, Ch. 66, L. 1923; re-en. Sec. 293.6, R.C.M. 1935; amd. Sec. 7, Ch. 80, L. 1961; amd. Sec. 9, Ch. 261, L. 1967; amd. Sec. 43, Ch. 93, L. 1969; amd. Sec. 71, Ch. 326, L. 1974; R.C.M. 1947, 82-1916; amd. Sec. 5, Ch. 58, L. 1979; amd. Sec. 1, Ch. 265, L. 1979; amd. Sec. 1, Ch. 209, L. 1989; amd. Sec. 6, Ch. 314, L. 2001; amd. Sec. 2, Ch. 292, L. 2019; amd. Sec. 61, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-102. Repealed

18-7-102. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: En. Sec. 1, Ch. 153, L. 1935; re-en. Sec. 283.1, R.C.M. 1935; R.C.M. 1947, 82-1157; amd. Sec. 6, Ch. 58, L. 1979; amd. Sec. 2, Ch. 265, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-103. Repealed

18-7-103. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: En. Sec. 1, p. 58, L. 1897; re-en. Sec. 254, Rev. C. 1907; re-en. Sec. 260, R.C.M. 1921; re-en. Sec. 260, R.C.M. 1935; amd. Sec. 1, Ch. 242, L. 1963; R.C.M. 1947, 82-1137(part); amd. Sec. 3, Ch. 265, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-104. Union label

18-7-104. Union label.
All printing for which the state of Montana is chargeable shall bear the label of the branch of the international typographical union, the allied printing trades council, or the amalgamated lithographers of America of the locality in which it is printed, except under the following conditions. Printing firms not having the use of the labels and who are desirous of presenting bids for printing as enumerated above shall be required to establish consideration as a responsible bidder as follows:
(1) As a condition to consideration as a responsible bidder, printing concerns must file with the secretary of state a sworn statement to the effect that employees in the employ of the concern which is to produce such printing are receiving the prevailing wage rate and are working under conditions prevalent in the locality in which the work is produced.
(2) Whenever a collective bargaining agreement is in effect between an employer and employees who are represented by a responsible organization which is in no way influenced or controlled by the management, such agreement and its provisions shall be construed as conditions prevalent in said locality and shall be the minimum requirement for being adjudged a responsible bidder under this section, 18-7-107, or chapter 4 of this title.
(3) Printing firms having the use of the union labels as set forth above shall be deemed as having complied with the provisions of this section, 18-7-107, or chapter 4 of this title, but nothing in these provisions shall be construed as exempting such bidders from any provisions of this section, 18-7-107, or chapter 4 of this title, and such bidders shall also be required to conform to all provisions thereof.
History: En. Sec. 1, p. 58, L. 1897; re-en. Sec. 254, Rev. C. 1907; re-en. Sec. 260, R.C.M. 1921; re-en. Sec. 260, R.C.M. 1935; amd. Sec. 1, Ch. 242, L. 1963; R.C.M. 1947, 82-1137(part); amd. Sec. 48, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-105. Penalty

18-7-105. Penalty.
Any officer of the state who shall accept any printed matter for which the state is chargeable in whole or in part or who is found to have had printed matter produced, under conditions other than as set forth in chapter 4 of this title, 18-7-104, or 18-7-107 shall be subject to a fine of $50 for each and every offense.
History: En. Sec. 1, p. 58, L. 1897; re-en. Sec. 255, Rev. C. 1907; re-en. Sec. 261, R.C.M. 1921; re-en. Sec. 261, R.C.M. 1935; amd. Sec. 2, Ch. 242, L. 1963; R.C.M. 1947, 82-1138; amd. Sec. 49, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-106. Approval of purchase orders

18-7-106. Approval of purchase orders.
The department may not approve a claim for printing submitted by a state officer, agency, or institution unless:
(1) a purchase order has been prepared and approved by the department prior to ordering the printing; or
(2) written approval has been given by the department to order the printing without preparation of a purchase order.
History: En. Sec. 10, Ch. 197, L. 1921; re-en. Sec. 293, R.C.M. 1921; re-en. Sec. 293, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1969; Sec. 82-1910, R.C.M. 1947; amd. and redes. 82-1916.1 by Sec. 65, Ch. 326, L. 1974; R.C.M. 1947, 82-1916.1.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-107. State printing, binding, and stationery work

18-7-107. State printing, binding, and stationery work.
All printing, binding, and stationery work for the state of Montana is subject to the preference in 18-1-102(1)(b). Federal exemptions as specified in 18-1-102(2)(b) apply.
History: En. Sec. 46, Ch. 519, L. 1983; amd. Sec. 1, Ch. 95, L. 1987; amd. Sec. 1, Ch. 53, L. 1991; amd. Sec. 24, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-111. Repealed

18-7-111. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: En. Sec. 1, Ch. 178, L. 1921; re-en. Sec. 281, R.C.M. 1921; re-en. Sec. 281, R.C.M. 1935; R.C.M. 1947, 82-1154.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-112. Repealed

18-7-112. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: En. Sec. 2, Ch. 178, L. 1921; re-en. Sec. 282, R.C.M. 1921; re-en. Sec. 282, R.C.M. 1935; R.C.M. 1947, 82-1155.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 1. State Printing › 18-7-113. Repealed

18-7-113. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: En. Sec. 3, Ch. 178, L. 1921; re-en. Sec. 283, R.C.M. 1921; re-en. Sec. 283, R.C.M. 1935; R.C.M. 1947, 82-1156.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 2. Publication of Legal Notices › 18-7-201. Requirements for choice of newspaper -- price

18-7-201. Requirements for choice of newspaper -- price.
(1) In all cases and instances where any publication is required by law or is duly authorized to be made, executed, or accomplished by, for, or on behalf of the state of Montana or any of the institutions of said state or any of the departments, boards, bureaus, or commissions thereof or any of the officers, agents, or employees of the state when acting within the scope of their lawful authority and for the benefit of the state of Montana, the same shall be published in a newspaper printed and published in the state of Montana and of general bona fide and paid circulation with second-class mailing privilege and having been printed and published continuously in the state of Montana for at least 12 months immediately preceding such publication.
(2) The price for such publication and by whomsoever accomplished shall not exceed the minimum going rate charged any other advertiser for the same publication set in the same sized type and published for the same number of insertions.
History: En. Sec. 1, Ch. 157, L. 1921; re-en. Sec. 276, R.C.M. 1921; re-en. Sec. 276, R.C.M. 1935; amd. Sec. 1, Ch. 137, L. 1951; amd. Sec. 1, Ch. 307, L. 1969; amd. Sec. 1, Ch. 385, L. 1973; R.C.M. 1947, 82-1149.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 2. Publication of Legal Notices › 18-7-202. Lower rates permissible

18-7-202. Lower rates permissible.
The prices, rates, and standards herein fixed and prescribed are in each instance and for every case covered by this part the maximum prices, rates, and standards. Their prescription and establishment herein shall in no case be taken as prohibiting a lesser or lower rate or price than herein fixed. Every department, institution, officer, or agent of the state shall, whenever possible, obtain a lower rate or price than is fixed herein, the equivalent of the minimum rate mentioned in 18-7-204.
History: En. Sec. 3, Ch. 157, L. 1921; re-en. Sec. 278, R.C.M. 1921; re-en. Sec. 278, R.C.M. 1935; R.C.M. 1947, 82-1151.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 2. Publication of Legal Notices › 18-7-203. Folio measurement

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.
History: En. Sec. 2, Ch. 157, L. 1921; re-en. Sec. 277, R.C.M. 1921; re-en. Sec. 277, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1977; R.C.M. 1947, 82-1150.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 2. Publication of Legal Notices › 18-7-204. Affidavit of printer -- allowance of claims

18-7-204. Affidavit of printer -- allowance of claims.
No claim against the state for legal advertising or any of the publications covered by this part shall be allowed unless there is attached to said claim the certification of the publisher or printer (in the case of corporations or quasi-corporations by the business or advertising manager thereof) properly executed, setting forth that the price or rate charged the state of Montana for the publication for which claim is made is not in excess of the minimum rate charged any other advertiser for publication or advertisement set in the same sized type and published for the same number of insertions. It is hereby declared to be unlawful to make any claim against or to charge or attempt to charge the state of Montana for any publication in excess of the minimum going rate charged any other advertiser for the same publication set in the same sized type and published for the same number of insertions.
History: En. Sec. 4, Ch. 157, L. 1921; re-en. Sec. 279, R.C.M. 1921; re-en. Sec. 279, R.C.M. 1935; amd. Sec. 9, Ch. 97, L. 1961; R.C.M. 1947, 82-1152.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 2. Publication of Legal Notices › 18-7-205. Penalty for false affidavit or overcharge

18-7-205. Penalty for false affidavit or overcharge.
Any person or any corporation or any firm or any quasi-corporation who shall violate any provision of this part or swear falsely hereunder or charge or attempt to charge the state of Montana in excess of the prices and rates herein fixed or in any manner circumvent or attempt to circumvent this part or aid or abet any other person, firm, corporation, or quasi-corporation in offense against this part shall be guilty of a misdemeanor and shall on conviction for the first offense be fined not more than $100 or be imprisoned in the county jail for not more than 3 months or both such fine and imprisonment, in the discretion of the court, and shall on conviction for each subsequent offense be fined not more than $300 or be imprisoned in the county jail for not more than 6 months or both such fine and imprisonment in the discretion of the court.
History: En. Sec, 5, Ch. 157, L. 1921; re-en. Sec. 280, R.C.M. 1921; re-en. Sec. 280, R.C.M. 1935; R.C.M. 1947, 82-1153.