reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 2. Construction Contracts › Part 4. Special Conditions -- Standard Prevailing Rate of Wages › 18-2-432. Penalty for violation

18-2-432. Penalty for violation.
(1) (a) If a person, firm, or corporation fails to comply with the provisions of this part, the state, county, municipality, school district, or officer of a political subdivision that executed the public works contract shall retain $1,000 of the contract price as liquidated damages for the violation of the terms of the public works contract, and the money must be credited to the proper funds of the state, county, municipality, school district, or political subdivision.
(b) If a person, firm, or corporation fails to comply with the provisions of this part due to gross negligence, as determined by the commissioner, the commissioner may retain up to an additional $10,000 above the amount provided for in subsection (1)(a) as a penalty for the violation of the terms of the public works contract. The money retained pursuant to this subsection (1)(b) must be credited to the proper funds of the state, county, municipality, school district, or other political subdivision.
(2) Whenever a contractor or subcontractor is found by the commissioner to have aggravatedly or willfully violated the labor standards provisions of this chapter, the contractor or subcontractor or any firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible, for a period not to exceed 3 years after the date of the final judgment, to receive any public works contracts or subcontracts that are subject to the provisions of this chapter.
(3) Whenever an action has been instituted in a district court in this state against any person, firm, or corporation for the violation of this part, the court in which the action is pending is authorized to issue an injunction to restrain the person, firm, or corporation from proceeding with a public works contract with the state, county, municipality, school district, or political subdivision, pending the final determination of the instituted action.
History: En. Sec. 3, Ch. 102, L. 1931; re-en. Sec. 3043.3, R.C.M. 1935; amd. Sec. 2, Ch. 43, L. 1961; R.C.M. 1947, 41-703(part); Sec. 18-2-408, MCA 1983; redes. 18-2-432 by Code Commissioner, 1985; amd. Sec. 7, Ch. 609, L. 1993; amd. Sec. 6, Ch. 522, L. 1997; amd. Sec. 1, Ch. 78, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-101. Authority to lease with option to purchase

18-3-101. Authority to lease with option to purchase.
(1) Except as provided in subsection (2), when authorized by a vote of two-thirds of the members of each house of the legislature, the department of administration may, as part of the long-range building program, enter into a lease contract that provides an option to purchase a building to be used by the state or any department of state government.
(2) A vote of two-thirds of the members of each house of the legislature and inclusion in the long-range building program is not required for a lease contract that provides an option to purchase if the building will be used for colocated laboratory space that will include facilities that conduct animal health testing for pathogens that could impact public health.
History: En. 82-3315.1 by Sec. 1, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.1; amd. Sec. 1, Ch. 455, L. 1997; amd. Sec. 1, Ch. 202, L. 2019.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-102. Repealed

18-3-102. Repealed.
Sec. 8, Ch. 455, L. 1997.
History: En. 82-3315.4 by Sec. 4, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.4.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-103. Repealed

18-3-103. Repealed.
Sec. 8, Ch. 455, L. 1997.
History: En. 82-3315.7 by Sec. 7, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.7.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-104. Repealed

18-3-104. Repealed.
Sec. 8, Ch. 455, L. 1997.
History: En. 82-3315.5 by Sec. 5, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.5.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-105. Location of building

18-3-105. Location of building.
A building authorized pursuant to 18-3-101 must be located as determined by the terms of the request for proposals. If a contract entered into pursuant to this chapter requires the sale or lease of any interest in state lands, the contract must have prior approval of the board of land commissioners.
History: En. 82-3315.2 by Sec. 2, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.2; amd. Sec. 2, Ch. 455, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-106. Security pledge

18-3-106. Security pledge.
To insure an adequate security provision for the lessor, the full faith and credit and taxing powers of the state of Montana are pledged in the amount necessary for the payment of rent incurred pursuant to a contract authorized by this part.
History: En. 82-3315.3 by Sec. 3, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.3.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-107. Repealed

18-3-107. Repealed.
Sec. 8, Ch. 455, L. 1997.
History: En. 82-3315.6 by Sec. 6, Ch. 242, L. 1974; R.C.M. 1947, 82-3315.6.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-110. Requests for proposals

18-3-110. Requests for proposals.
(1) The department, with the cooperation of the departments that will occupy the rental property, shall develop a request for proposals defining the state's program and building specification requirements. A request for proposals must be administered in accordance with 18-4-304(3) through (7).
(2) For projects valued at less than $2 million, the departments may develop the request for proposals. For projects valued at $2 million or more, the departments shall contract with a licensed architect or engineer selected in accordance with 18-2-112 for the development of the request for proposals.
(3) A successful proposer, general contractor, or subcontractor engaged in construction under this part shall pay the standard prevailing rate of wages to employees engaged in the construction of the leased property.
History: En. Sec. 3, Ch. 455, L. 1997; amd. Sec. 47, Ch. 51, L. 1999; amd. Sec. 1, Ch. 489, L. 2023.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 3. State Building Leases › Part 1. General Provisions › 18-3-111. Exemption from construction contract requirements

18-3-111. Exemption from construction contract requirements.
Except as provided in 18-3-110, a contract provided for in this chapter is not subject to the provisions of Title 18, chapter 2.
History: En. Sec. 4, Ch. 455, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-101. Repealed

18-4-101. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: (1), (2)En. 82-1902.1 by Sec. 8, Ch. 97, L. 1977; Sec. 82-1902.1, R.C.M. 1947; (3)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; R.C.M. 1947, 82-1902.1, 82-1917(part); amd. Sec. 1, Ch. 597, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-102. Repealed

18-4-102. Repealed.
Sec. 53, Ch. 519, L. 1983.
History: (1), (2)En. Sec. 8, Ch. 66, L. 1923; re-en. Sec. 293.8, R.C.M. 1935; amd. Sec. 2, Ch. 301, L. 1971; amd. Sec. 1, Ch. 496, L. 1973; amd. Sec. 9, Ch. 242, L. 1974; amd. Sec. 73, Ch. 326, L. 1974; Sec. 82-1918, R.C.M. 1947; (3)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, 82-1918(1), 82-1921(part); amd. Sec. 2, Ch. 597, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-103. Repealed

18-4-103. Repealed.
Sec. 2, Ch. 175, L. 1979.
History: En. 82-1915.1 by Sec. 70, Ch. 326, L. 1974; R.C.M. 1947, 82-1915.1.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-122. Purpose

18-4-122. Purpose.
The underlying purposes and policies of this chapter are to:
(1) simplify, clarify, and modernize the law governing procurement by the state of Montana;
(2) permit the continued development of procurement policies and practices;
(3) make as consistent as possible the procurement laws among the various jurisdictions;
(4) provide for increased public confidence in the procedures followed in public procurement;
(5) ensure the fair and equitable treatment of all persons who deal with the procurement system of the state;
(6) provide increased economy in state procurement activities and maximize to the fullest extent practicable the purchasing value of public funds of the state;
(7) foster effective, broad-based competition within the free enterprise system;
(8) provide safeguards for the maintenance of a procurement system of quality and integrity; and
(9) provide the exclusive remedies for unlawful bid solicitations or contract awards.
History: En. Sec. 2, Ch. 519, L. 1983; amd. Sec. 2, Ch. 443, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-124. Local government adoption of procurement provisions -- alternative project delivery contracts

18-4-124. Local government adoption of procurement provisions -- alternative project delivery contracts.
(1) A political subdivision or school district may adopt any or all parts of this chapter and the accompanying rules promulgated by the department.
(2) A governing body, as defined in 18-2-501, may adopt the provisions of Title 18, chapter 2, part 5, and use an alternative project delivery contract.
History: En. Sec. 45, Ch. 519, L. 1983; amd. Sec. 8, Ch. 574, L. 2005.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-125. Collection of data concerning public procurement

18-4-125. Collection of data concerning public procurement.
All using agencies shall cooperate with the department in the preparation of statistical data concerning the procurement, usage, and disposition of all supplies and services, and the department may employ trained personnel as necessary to carry out this function. All using agencies shall furnish such reports as the department may require concerning usage, needs, and stocks on hand, and the department may prescribe forms to be used by the using agencies in requisitioning, ordering, and reporting of supplies and services.
History: En. Sec. 11, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-126. Public access to procurement information -- records -- retention

18-4-126. Public access to procurement information -- records -- retention.
(1) Procurement information is a public record and must be available to the public as provided in 2-6-1003, 18-4-303, and 18-4-304.
(2) All procurement records must be retained, managed, and disposed of in accordance with the provisions of Title 2, chapter 6, parts 10 and 11.
(3) Written determinations required by this chapter must be retained in the appropriate official contract file of the department or the purchasing agency administering the procurement in accordance with Title 2, chapter 6, parts 10 and 11.
History: En. Secs. 5, 26, Ch. 519, L. 1983; amd. Sec. 4, Ch. 443, L. 1997; amd. Sec. 1, Ch. 289, L. 2005; amd. Sec. 44, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-133. Purchases exempt from general requirements

18-4-133. Purchases exempt from general requirements.
(1) When immediate delivery of articles or performance of service is required by the public exigencies, the articles or service required may be procured by open purchase or contract at the place and in the manner in which the articles are usually bought and sold or the services engaged between individuals but under the direction of the department.
(2) (a) The department may exempt the department of corrections and the department of public health and human services from the provisions of this chapter for the purchase of suitable clothing by the department of corrections and the department of public health and human services for residents of its institutions and community-based programs.
(b) As used in this section, "suitable clothing" means styled, seasonable clothing, which will allow the resident to make a normal appearance in the community.
(3) When none of the bids or proposals received in response to a valid solicitation are from a responsible bidder or offeror or responsive bidder or offeror, as defined in 18-4-301, the procurement officer may:
(a) cancel and reissue the solicitation. If the procurement officer reissues the solicitation, the procurement officer shall attempt to increase the number of potential vendors and may modify any specification in the original solicitation.
(b) directly negotiate with a vendor if the procurement officer determines that a second or subsequent solicitation would also be unsuccessful.
(4) The department shall adopt rules describing the conditions under which a procurement officer may negotiate directly with a vendor. The rules must reflect the purposes described in 18-4-122.
(5) When a state department, agency, or official administers a grant of public funds and contracts with a landowner to carry out a recreational or environmental remediation, reclamation, or conservation project that benefits the state, the department may exempt the landowner from the provisions of chapter 1 and this chapter if the landowner conducts the work or conducts a form of competitive procurement allowed by the terms of the contract.
History: En. Sec. 9, Ch. 66, L. 1923; re-en. Sec. 293.9, R.C.M. 1935; amd. Sec. 8, Ch. 80, L. 1961; amd. Sec. 74, Ch. 326, L. 1974; amd. Sec. 1, Ch. 230, L. 1977; R.C.M. 1947, 82-1919; amd. Sec. 1, Ch. 418, L. 1979; amd. Sec. 1, Ch. 74, L. 1981; amd. Sec. 47, Ch. 519, L. 1983; MCA 1981, 18-4-104; redes. 18-4-133 by Code Commissioner, 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 62, Ch. 546, L. 1995; amd. Sec. 6, Ch. 443, L. 1997; amd. Sec. 16, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 1. General Provisions › 18-4-141. Contract transfers and collusion prohibited -- violations and penalty

18-4-141. Contract transfers and collusion prohibited -- violations and penalty.
(1) A contract or order or any interest in a contract or order may not be transferred, assigned, or subcontracted by the party to whom the contract or order is given to any other party without the express written approval of the state, and the state may declare void any unapproved transfer, assignment, or subcontract.
(2) Collusion or secret agreements between vendors for the purpose of securing any advantage to the vendors as against the state in the awarding of contracts are prohibited. The state may declare the contract void if the department finds sufficient evidence after a contract has been let that the contract was obtained by a vendor or vendors by reason of collusive or secret agreement among the vendors to the disadvantage of the state.
(3) All rights of action for a breach of a contract by the contracting parties are reserved to the state.
(4) A person who violates the provisions of 2-2-201 or this section, or both, is guilty of a misdemeanor and shall be fined an amount of not less than $500 or more than $5,000, and the state of Montana may at its option declare any contract in violation of the provisions of 2-2-201 or this section, or both, void ab initio.
History: En. Sec. 12, Ch. 66, L. 1923; re-en. Sec. 293.12, R.C.M. 1935; amd. Sec. 2, Ch. 43, L. 1973; amd. Sec. 77, Ch. 326, L. 1974; amd. Sec. 5, Ch. 97, L. 1977; R.C.M. 1947, 82-1922; amd. Sec. 1, Ch. 52, L. 1983; MCA 1981, 18-4-105; redes. 18-4-141 by Code Commissioner, 1983; amd. Sec. 7, Ch. 443, L. 1997; amd. Sec. 17, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 2. Duties of Department › 18-4-201. Repealed

18-4-201. 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. 4, Ch. 197, L. 1921; re-en. Sec. 287, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1925; re-en. Sec. 287, R.C.M. 1935; amd. Sec. 1, Ch. 51, L. 1939; amd. Sec. 3, Ch. 80, L. 1961; amd. Sec. 60, Ch. 326, L. 1974; Sec. 82-1904, R.C.M. 1947; R.C.M. 1947, 82-1904, 82-1917(1); amd. Sec. 3, Ch. 597, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 2. Duties of Department › 18-4-202. Repealed

18-4-202. 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. 4, Ch. 597, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 2. Duties of Department › 18-4-203. Repealed

18-4-203. 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(3); amd. Sec. 5, Ch. 597, L. 1979.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) Proposals and other information received from offerors in response to a request for proposals may not be inspected by the public until the department provides notice of intent to award a contract as provided in subsection (7). After the department provides notice of intent to award a contract, proposals and other information received from offerors may be inspected by other offerors and the public subject to the limitations in subsection (8).
(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.
(7) Prior to awarding a contract, the department shall provide to the public notice of intent to award a contract and of 7 days to submit written comments regarding the proposed award.
(8) Prior to releasing proposals and other information received from offerors, the department shall evaluate whether public disclosure must be limited:
(a) under the Uniform Trade Secrets Act provided for in Title 30, chapter 14, part 4;
(b) due to matters involving individual safety; and
(c) as required by other constitutional protections.
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; amd. Sec. 4, Ch. 489, L. 2023.
2023 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.
2023 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.
2023 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.
(1) An invitation for bids, a request for proposals, or other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part, as may be specified in the solicitation, when it is in the best interests of the state. The reasons must be made part of the contract file.
(2) The department may consider public comment when deciding whether to take any action described in this section.
History: En. Sec. 18, Ch. 519, L. 1983; amd. Sec. 5, Ch. 489, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-401. Definitions

18-4-401. Definitions.
As used in this part, the following definitions apply:
(1) "Cooperative purchasing" means procurement conducted by or on behalf of more than one public procurement unit.
(2) "Local public procurement unit" means a county, city, town, or other subdivision of the state or a public agency of any such subdivision; public authority; educational, health, or other institution; to the extent provided by law, any other entity that expends public funds for the procurement of supplies and services; and any nonprofit corporation operating a charitable hospital.
(3) "Public procurement unit" means a local or state public procurement unit of this or any other state, including an agency of the United States, or a tribal procurement unit.
(4) "State public procurement unit" means a state department, agency, or official that expends public funds for the procurement of supplies and services.
(5) "Tribal procurement unit" means a tribal government, tribal entity, or official of a tribal government located in Montana that expends tribal funds or funds administered by a tribe for the procurement of supplies and services to the extent provided by tribal or federal law.
History: En. Sec. 37, Ch. 519, L. 1983; amd. Sec. 1, Ch. 200, L. 1999.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-402. Cooperative purchasing authorized

18-4-402. Cooperative purchasing authorized.
The department may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units in accordance with an agreement entered into between the participants independent of the requirements of part 3. Cooperative purchasing may include purchasing through federal supply schedules of the United States general services administration, joint or multiparty contracts between public procurement units, open-ended state public procurement unit contracts that are made available to local public procurement units, and competitive contracts established by for-profit, not-for-profit, or nonprofit cooperative entities.
History: En. Sec. 38, Ch. 519, L. 1983; amd. Sec. 18, Ch. 443, L. 1997; amd. Sec. 1, Ch. 185, L. 2011.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-403. Sale, acquisition, or use of supplies by a public procurement unit

18-4-403. Sale, acquisition, or use of supplies by a public procurement unit.
The department may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of part 3.
History: En. Sec. 39, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-404. Cooperative use of supplies or services

18-4-404. Cooperative use of supplies or services.
The department may enter into an agreement, independent of the requirements of part 3, with any other public procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties.
History: En. Sec. 40, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-405. Joint use of facilities

18-4-405. Joint use of facilities.
The department may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit under the terms agreed upon between the parties.
History: En. Sec. 41, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-406. Information and services -- fees

18-4-406. Information and services -- fees.
(1) Upon request, the department may make available to public procurement units certain services, including but not limited to the following:
(a) standard forms;
(b) printed manuals;
(c) product specifications and standards;
(d) quality assurance testing services and methods;
(e) qualified products lists;
(f) source information;
(g) common use commodities listings;
(h) supplier prequalification information;
(i) supplier performance ratings;
(j) debarred and suspended bidders lists;
(k) forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms;
(l) contracts or published summaries thereof, including price and time of delivery information; and
(m) cooperative purchasing.
(2) The state, through the department, may provide technical services, including but not limited to the following:
(a) development of product specifications;
(b) development of quality assurance test methods, including receiving, inspection, and acceptance procedures;
(c) use of product testing and inspection facilities; and
(d) use of personnel training programs.
(3) The department may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (1) and (2). Such fees may be used by the department to offset costs incurred in providing such services.
History: En. Sec. 42, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 4. Montana Procurement Act › Part 4. Cooperative Purchasing › 18-4-407. Review of procurement requirements

18-4-407. Review of procurement requirements.
To the extent possible, the department may collect information concerning the type, cost, quality, and quantity of commonly used supplies or services being procured or used by state public procurement units. The department may make available all such information to any public procurement unit upon request.
History: En. Sec. 43, Ch. 519, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 5. Special Purchasing Conditions › Part 1. Sheltered Workshops › 18-5-101. Definitions

18-5-101. Definitions.
As used in this part, the following definitions apply:
(1) "Certified sheltered workshop" or "work activity center" means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:
(a) holds a current certificate issued by the United States department of labor for either one or all of the following:
(i) evaluation or training;
(ii) a regular work program; or
(iii) a work activity center;
(b) complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;
(c) in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and
(d) is referred to as a "facility".
(2) "Department" means the department of administration.
(3) "Person with a disability" means an individual with a physical, mental, or emotional disability that constitutes a substantial impediment to employment and that prevents the individual with the disability from engaging in normal competitive employment.
History: En. 82-1941 by Sec. 1, Ch. 547, L. 1977; R.C.M. 1947, 82-1941; amd. Sec. 16, Ch. 472, L. 1997.