2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 2. Construction Contracts › Part 1. General Provisions › 18-2-103. Supervision of construction of buildings

18-2-103. Supervision of construction of buildings.
(1) For construction activities costing more than $300,000, the department shall:
(a) review and accept all plans, specifications, and cost estimates prepared by architects or consulting engineers;
(b) approve all bond issues or other financial arrangements and supervise and approve the expenditure of all money;
(c) solicit, accept, and reject bids and, except as provided in Title 18, chapter 2, part 5, award all contracts to the lowest qualified bidder considering conformity with specifications and terms and reasonableness of the bid amount;
(d) review and approve all change orders; and
(e) accept the building when completed according to accepted plans and specifications.
(2) The department may delegate on a project-by-project basis any powers and duties under subsection (1) to other state agencies, including units of the Montana university system, upon terms and conditions specified by the department.
(3) Before a contract under subsection (1) is awarded, two formal bids must have been received, if reasonably available.
(4) (a) The department need not require the provisions of Montana law relating to advertising, bidding, or supervision when proposed construction costs are $150,000 or less. However, with respect to a project having a proposed cost of $150,000 or less but more than $50,000, the agency awarding the contract shall procure at least three informal bids from contractors registered in Montana, if reasonably available.
(b) Starting on July 1, 2028, and every 5 years after that, the department shall adjust the limits in subsection (4)(a) for inflation. The inflation adjustment is found by dividing the consumer price index for June of the previous tax year by the consumer price index for June 2023. The newly adjusted limits must be rounded to the nearest $1,000 and adopted by rule.
(5) The department may negotiate a contract, without competitive bidding, with a contractor qualified to do business in Montana if:
(a) an emergency as defined in 10-3-103 exists; or
(b) a public exigency as defined in 2-17-101 exists.
(6) For the construction of buildings owned or to be owned by a school district, the department shall, upon request, provide inspection to ensure compliance with the plans and specifications for the construction of the buildings. The term "construction" includes construction, repair, alteration, equipping, and furnishing during construction, repair, or alteration. These services must be provided at a cost to be contracted for between the department and the school district, with the receipts to be deposited in the department's construction regulation account in a state special revenue fund.
(7) It is the intent of the legislature that student housing and other facilities constructed under the authority of the regents of the university system are subject to the provisions of subsections (1) through (3).
(8) The department of military affairs may act as the contracting agency for buildings constructed under the authority of 18-2-102(2)(e). However, the department of administration may agree to act as the contracting agency on behalf of the department of military affairs. Montana law applies to any controversy involving a contract.
History: En. Sec. 17, Ch. 271, L. 1963; amd. Sec. 2, Ch. 264, L. 1969; amd. Sec. 2, Ch. 24, L. 1973; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 2, Ch. 487, L. 1977; R.C.M. 1947, 82-3317; amd. Sec. 1, Ch. 16, L. 1979; amd. Sec. 15, Ch. 281, L. 1983; amd. Sec. 2, Ch. 491, L. 1983; amd. Sec. 3, Ch. 7, L. 1985; amd. Sec. 1, Ch. 137, L. 1985; amd. Sec. 1, Ch. 466, L. 1985; amd. Sec. 1, Ch. 467, L. 1985; amd. Sec. 1, Ch. 648, L. 1985; amd. Sec. 1, Ch. 350, L. 1989; amd. Sec. 2, Ch. 518, L. 1993; amd. Sec. 2, Ch. 249, L. 1997; amd. Sec. 1, Ch. 303, L. 1999; amd. Sec. 7, Ch. 574, L. 2005; amd. Sec. 16, Ch. 3, L. 2019; amd. Sec. 2, Ch. 96, L. 2023.