reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.501 - SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Specifications shall clearly describe the
				state's requirements and allow for the procurement of a supply or service that
				is adequate, suitable, and cost-effective for the state. Specifications may
				take into account, to the extent practicable, the costs of ownership and
				operation as well as initial acquisition costs and shall permit maximum
				practicable competition consistent with this purpose.
(2) Specifications shall, to the extent
				practicable, emphasize functional or performance criteria and limit design or
				other detailed physical descriptions to those necessary to meet the needs of
				the state. An agency shall include, as a part of their requisition, the
				principal functional or performance needs to be met, and any compatibility
				requirements.
(3) In developing
				specifications, accepted commercial standards shall be used and unique
				requirements shall be avoided, to the extent practicable.
(4) Brand name items or descriptions may be
				used to indicate standards of quality, performance, and/or use
				desired.
(5) Restrictive
				specifications shall not be used unless no other manner of description will
				suffice. In that event, a written determination shall be made that it is not
				practicable to use a less restrictive specification.
(6) A specification for a specific brand of
				supplies or services may be used if the requesting agency has a documented need
				to maintain a standard of performance and compatibility with existing supplies,
				equipment, or staff experience.
(7)
				The suggested format for specifications is as follows:
(a) name of commodity;
(b) purpose/use for commodity;
(c) description of commodity;
(i) Each item of the description should
				fulfill a functional or physical requirement.
(ii) If brand names are necessary to indicate
				quality levels, list an acceptable brand name.
(iii) Justification shall be provided and
				attached if a single brand is necessary.
(iv) Justification shall be provided and
				attached if the commodity is to be a sole source purchase.
(d) description of other requirements, such
				as warranty, training, parts, manuals, service, etc.;
(e) description of any unusual conditions,
				such as installation, field tests, fiscal year funding source, etc.;
(f) date commodity is to be
				delivered;
(g) location where
				commodity is to be delivered;
(h)
				name, address, and phone number of agency contact person; and
(i) acceptance procedures (if testing,
				sampling, or other evaluation will be performed when commodity is delivered to
				determine acceptability) must be described.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.502 - BID, PROPOSAL, AND CONTRACT PERFORMANCE SECURITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:  18-4-221,  18-4-312, MCA; IMP:  18-1-201,  18-4-312,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.503 - PUBLIC NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Invitation for
				bids and request for proposals shall be mailed, posted electronically, or
				otherwise furnished to a sufficient number of bidders or offerors required to
				secure competition.
(2) In the
				interest of economy, notices of availability of invitations for bids and
				requests for proposals may be mailed, faxed, or e-mailed to a selection of
				vendors obtained from the purchasing vendors list and/or provided by the
				purchasing agency.
(3) Where
				appropriate, the state may require payment of a fee or a deposit for supplying
				the invitation for bids or request for proposals.
(4) In the event that it is either not
				practicable or not advantageous to the state to furnish solicitations to all
				the vendors listed on the central vendors list for a specific supply or
				service, the purchasing agency may elect to shorten the list by selecting a
				sample of bidders or offerors.
AUTH:  18-4-221, MCA; IMP:  18-4-303,  18-4-304,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.504 - COST PRINCIPLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
18-4-225, MCA; IMP,
					 18-4-225,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.505 - MISTAKES AND MINOR VARIATIONS IN BIDS AND OFFERS

Current through Register Vol. 13, July 5, 2024
(1) The procurement officer may allow a
				bidder or offeror to correct minor mistakes in a bid or offer if the mistake is
				clearly not attributed to an error in judgment, and the mistake and the
				intended correct bid or offer is clearly evident on the form of the document.
				Examples of correctable mistakes include, but are not limited to:
(a) typographical errors;
(b) errors in extending unit
				prices;
(c) transposition
				errors;
(d) arithmetical
				errors;
(e) failure to sign and
				return an acknowledgment of addendum; or
(f) signature omitted.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.506 - ANTICOMPETITIVE PRACTICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
18-4-221, MCA; IMP,
					 18-4-314,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.507 - PREQUALIFICATION OF VENDORS

Current through Register Vol. 13, July 5, 2024
(1) Vendors may be
				prequalified for particular types of supplies and services under the following
				conditions:
(a) a need exists to limit a
				solicitation to those vendors who meet statutory or licensing requirements
				applicable to the solicitation; or
(b) a need exists to minimize the time
				necessary to verify vendor qualifications which otherwise would jeopardize the
				timely award of contracts.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.508 - REQUESTS FOR INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) A request for
				information, as defined in ARM
				2.5.201, may be used by an agency
				only to obtain preliminary information about a market or the type of available
				supply or service, where there is not enough information readily available to
				write an adequate specification or work statement. A request for information
				may not be used as a source selection method to procure a supply or
				service.
18-4-221, MCA; IMP,
					 18-4-221,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.509 - LATE BIDS OR PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) Regardless of
				cause, late bids and proposals will not be accepted and will automatically be
				disqualified from further consideration. It shall be solely the vendor's risk
				to assure delivery at the specified office by the specified time.
(2) Late bids and proposals will not be
				opened and may be returned to the vendor at the expense of the vendor or
				destroyed if requested.
18-4-221, MCA; IMP,
					 18-4-221,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.5 - General Bid and Proposal Provisions › Rule 2.5.510 - INTENT TO AWARD

Current through Register Vol. 13, July 5, 2024
(1) For all
				invitations to bid and requests for proposals, the division or state agency
				shall electronically post an intent to award prior to awarding a
				contract.
(2) The intent to award
				shall be posted publicly for no less than seven days to allow for public review
				and comment. If no public comment is received, the division or state agency may
				award a contract to the successful bidder or offeror.
(3) If public comment is received, the
				division or state agency shall review the comments received and determine the
				impact, if any, on the decision to award a contract.
AUTH:  18-4-221, MCA; IMP:  18-4-303,  18-4-304,  18-4-307,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.601 - COMPETITIVE SEALED BIDS AND GENERAL PROVISIONS PERTAINING TO BOTH COMPETITIVE SEALED BIDS AND PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) "Sealed bid" is
				the preferred method of competitive procurement for state supply contracts and
				service contracts estimated to exceed the amount designated in ARM 2.5.603 as a
				small purchase or a limited solicitation. Sealed bids shall be solicited with
				an invitation for bid.
(2) The
				solicitation shall include the following:
(a)
				instructions and information to bidders or offerors concerning the bid or
				proposal submission requirements, including the time and date established for
				submission, the method by which bids or offers are to be delivered, and any
				other special information;
(b) the
				purchase description, delivery or performance schedule, and any inspection and
				acceptance requirements not included in the purchase description; and
(c) the contract terms and
				conditions, including warranty and bonding or other security requirements, as
				applicable.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.602 - COMPETITIVE SEALED PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) "Competitive
				sealed proposal" is a procurement option allowing the award to be based upon an
				evaluation process using stated criteria to arrive at a contract that will be
				the most advantageous to the state. Competitive sealed proposals shall be
				solicited through a request for proposals.
(2) Competitive sealed proposals may be
				practical when one or more of the following conditions exist:
(a) the contract needs to be other than a
				fixed-price type;
(b) oral or
				written discussions may need to be conducted with offerors concerning technical
				and price aspects of their proposal;
(c) offerors may need to be afforded the
				opportunity to revise their proposal, including prices;
(d) award may need to be based upon a
				comparative evaluation as stated in the request for proposals of differing
				price, quality, and contractual factors in order to determine the most
				advantageous offering to the state. Quality factors include technical and
				performance capability and the content of the technical proposal; or
(e) price will only be one of the criteria
				considered in determining an award.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.603 - SMALL PURCHASES OR LIMITED SOLICITATIONS OF SUPPLIES AND SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The division or state agency may procure
				supplies or services when the total contract value will be less than $10,000
				using a purchase technique that best meets the agency's needs, including the
				use of electronic online auctions.
(2) The payment method used for small
				purchases should be the state's purchasing card, except for interagency
				purchases.
(3) The division or
				state agency, if authorized in a written delegation agreement, may procure
				supplies or services with a total contract value of $10,000 or more and less
				than $100,000, using a limited solicitation procedure. This procedure requires
				a minimum of three viable written or oral quotations, if available. The limited
				solicitation procedure must be documented and, wherever practical, use the
				department's vendor list.
(4) This
				rule does not apply to controlled items purchased through exclusive term
				contracts, requisition time schedules, or State Print and Mail unless
				specifically delegated in a written delegation agreement to the
				agency.
(5) Procurements shall not
				be artificially divided or sequenced to avoid using the other source selection
				methods set forth in Title 18, chapter 4, MCA.
(6) If approved by the agency procurement
				officer, and except for new or used vehicles, a state agency may participate in
				electronic online auctions for limited solicitations under the following
				conditions:
(a) the procurement officer must
				review and approve the terms of the participation in the auction for compliance
				with state law;
(b) two quotes must
				first be obtained from viable sources and the lowest of the two quotes must be
				the amount that the auction price may not exceed;
(c) the auction price must include all fees
				associated with participating in the auction, including shipping and handling;
				and
(d) the terms of the purchase
				must include a right to return.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.604 - SOLE SOURCE PROCUREMENT

Current through Register Vol. 13, July 5, 2024
(1) This rule
				applies to all sole source procurements of $10,000 or more unless exigency
				procurements described in ARM 2.5.605 are necessary.
(2) Sole source procurement is permissible
				under the following circumstances:
(a) the
				compatibility of current services or equipment, accessories, or replacement
				parts is the paramount consideration;
(b) there is no existent equivalent product;
				or (c) only one source is acceptable or suitable for the supply or service
				item.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.605 - EXIGENCY PROCUREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An exigency
				procurement of $10,000 or more shall be limited to those supplies or services
				necessary to meet the exigency, as defined in ARM 2.5.201. An exigency does not
				exist when:
(a) an agency failed to procure
				supplies or services before the time they were needed;
(b) an agency failed to timely renew an
				expiring contract; or
(c) other
				inaction by the agency created the exigency. [does not follow lead-in
				language]
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.606 - PROCUREMENT OF USED EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Purchase of
				used equipment is allowable if in the best interest of the state.
(2) Unless justified as sole source or
				exigency, the award of the contract will be made by identifying the
				requirements and proceeding with the competitive bidding or proposal process,
				pursuant to ARM
				2.5.601.
(3) Criteria to consider in making this
				determination include:
(a) consideration of
				the type, use, and life expectancy of new versus used equipment;
(b) comparing the purchase price of new and
				used equipment;
(c) comparing the
				price and general condition of used equipment among several vendors;
(d) consideration of the freight charges and
				FOB point;
(e) investigation of
				manufacturer or brand and availability of warranty, maintenance, and parts;
				and
(f) clarification of payment
				terms.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.607 - PROCUREMENT FROM SHELTERED WORKSHOPS OR WORK ACTIVITY CENTERS

Current through Register Vol. 13, July 5, 2024
(1) State agencies may purchase supplies and
				services from sheltered workshops as defined in
				18-5-101, MCA. Such purchases are
				exempt from competitive bidding laws and rules and may be made
				directly.
(2) The division
				maintains a list of certified sheltered workshops or work activity centers, as
				defined in
				18-5-101, MCA, located in the
				state. The list includes the supplies and services provided by each. The list
				is available on the division's web site at
				http://gsd.mt.gov/procurementservices/shelteredworkshops.mcpx [File Link Not
				Available].
18-5-102, MCA; IMP,
					 18-5-102,
					 18-5-103,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.608 - DIRECT NEGOTIATION

Current through Register Vol. 13, July 5, 2024
(1) When none of
				the responses to invitations for bids or requests for proposals received in
				response to a valid solicitation are from a responsible and responsive bidder
				or offeror, as defined in
				18-4-301, MCA, 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 to enhance vendor
				participation; or
(b) if approved
				by the department, directly negotiate with a vendor or vendors if the
				procurement officer determines that a second or subsequent solicitation would
				also be unsuccessful. The procurement officer may conduct negotiations as
				appropriate, as to price, delivery, and terms.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.609 - ALTERNATIVE PROCUREMENT METHODS

Current through Register Vol. 13, July 5, 2024
(1) An agency may
				request authorization from the division to pursue an alternative procurement
				method.
(2) If an alternative
				procurement method is approved, the division shall:
(a) conduct the procurement on behalf of the
				agency or delegate one-time authority to conduct the procurement on its
				own;
(b) notify potential vendors
				of the alternative procurement method being used for the supply or service; and
(c) make a written determination
				as to the success of the method.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.6 - Types of Bids › Rule 2.5.610 - COOPERATIVE PURCHASING

Current through Register Vol. 13, July 5, 2024
(1) The department
				or using agency may use federal supply schedules as one source of a bid,
				provided the federal supply schedule supplier has agreed to extend the pricing
				to the department or using agency. The federal supply schedule item must meet
				or exceed the specifications, terms, and conditions of the invitation for bid
				and must be the lowest acceptable bid in order to be selected. The pertinent
				supply schedule must be recorded as a bid from the supplier for the inspection
				of all bidders.
(2) For the
				purposes of complying with
				18-4-221, MCA, the following
				definitions apply:
(a) "public authority"
				means an entity of a political subdivision of the state that is authorized to
				spend or receive public funds to further public interests;
(b) "educational institution" means any
				school system operating within the state that expends public funds for the
				procurement of supplies and services;
(c) "health institution" means an entity of a
				political subdivision of the state organized for the purpose of providing
				health care and related services and that expends public funds for the
				procurement of supplies and services;
(d) "other institution" means an entity of a
				political subdivision of the state that operates for a particular public
				purpose and that expends public funds for the procurement of supplies and
				services; and
(e) "any other entity
				that expends public funds for the procurement of supplies and services" means
				an Internal Revenue Code 501(c)(3) organization, as that statute reads on May
				23, 2014, that expends public funds for the procurement of supplies and
				services.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.7 - Surplus Property › Rule 2.5.701 - AUTHORITY TO DISPOSE OF SUPPLIES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-4-226, MCA; IMP:
					 18-4-226,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.7 - Surplus Property › Rule 2.5.702 - DISPOSITION OF SURPLUS SUPPLIES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-4-226, MCA; IMP:
					 18-4-226,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.8 - Federal Surplus Property Program › Rule 2.5.801 - ADOPTION OF STATE PLAN OF OPERATION-FEDERAL SURPLUS PROPERTY (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-5-202, MCA; IMP:
					 18-5-202,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.1 - Insurance Requirements for Independent Contractors › Rule 2.6.101 - INSURANCE REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-9-201, MCA; IMP,
					 2-9-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.201 - INTRODUCTION

Current through Register Vol. 13, July 5, 2024
(1) The following rules define acceptable
				uses for state-owned or leased motor pool vehicles as provided in
				2-17-424, MCA. State employees or
				authorized individuals may be subject to additional guidelines, policies,
				insurance coverage exclusions, or regulations for vehicle/equipment fleet
				operations, provided that they do not conflict with these rules.
(2) Drivers and passengers must use installed
				seat belts at all times.
2-17-424, MCA; IMP,
					 2-9-201,
					 2-9-305, and
					 2-17-424,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "State" as defined in
				2-9-101, MCA.
(2) "State employee" as defined in
				2-9-101, MCA.
(3) "State vehicle" means a motor vehicle,
				trailer, snowplow, or other vehicle designed for travel on public roads that is
				subject to motor vehicle registration, including any machinery or apparatus
				attached to the vehicle. The term includes the following:
(a) a "leased vehicle" obtained by the state
				through an open-ended lease or lease with an option to buy contract;
(b) a "loaned vehicle" provided to the state
				as a gratuity;
(c) an "owned
				vehicle" to which the state has title; and
(d) a "rented vehicle" rented by the state
				for a fee, typically for short-term use in Montana or for out-of-state
				travel.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.203 - AUTHORIZED DRIVERS AND USES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise provided in this rule, the following individuals may operate a state
				vehicle if the driver possesses a valid driver's license appropriate to the
				type of vehicle to be driven, meets driver requirements set out in ARM
				2.6.205, and the uses are as
				provided below:
(a) a state employee to
				conduct business on behalf of the state;
(b) a state employee in travel status to
				obtain food and lodging and to respond to medical emergency
				situations;
(c) a state employee
				required to conduct state business to obtain items needed while in travel
				status;
(d) a state employee may
				park a state vehicle overnight at the employee's residence if the employee must
				begin travel the next day or if the employee is subject to emergency response,
				on-call, or other off-shift duty associated with state employment;
(e) a state employee required to stay
				overnight at a location other than the employee's established work location
				during nonwork time to drive to a cultural, recreational, or leisure activity
				or to conduct other personal business, if the activity is within 30 miles of
				the employee's lodging;
(f) a
				nonstate employee enrolled and registered as a student at a university of the
				state to conduct university business;
(g) a nonstate employee to aid or assist a
				disabled state employee if the aide has completed the Risk Management and Tort
				Defense Division's (RMTD) vehicle use agreement and obtained authorization from
				the agency head or designee prior to the use;
(h) a nonstate employee to assist a state
				employee or other individual during a medical emergency for transportation and
				related purposes. Prior approval is not required;
(i) a nonstate employee accompanying a state
				employee on official state business where the state employee becomes ill,
				fatigued, or is otherwise rendered physically or mentally incapable of driving
				and/or a compelling state interest is served by allowing the nonstate employee
				to drive. Prior approval is not required; and
(j) an inmate of a state prison who must
				operate a state vehicle to fulfill job duties for a position with Montana
				Correctional Enterprises or a state prison, and who is approved by the
				appropriate division as outlined in Montana State Prison/Montana Women's
				Prison/Montana Correctional Enterprises Procedure. If an inmate who is allowed
				to drive on Department of Corrections' property under this rule does not have a
				valid driver's license, the inmate may drive a state vehicle if:
(i) the inmate has a valid facility driving
				permit;
(ii) is timely paying
				fines, if any, associated with the inmate's loss of a driver's license;
				and
(iii) is working toward
				obtaining a valid state of Montana driver's license.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.204 - AUTHORIZED PASSENGERS AND USES

Current through Register Vol. 13, July 5, 2024
(1) Except
				as otherwise provided in this rule, the following individuals may ride as
				passengers in a state vehicle:
(a) a state
				employee conducting business on behalf of the state; or
(b) a non-state employee who is:
(i) an independent contractor conducting
				business on behalf of the state;
(ii) an aide rendering assistance to a
				disabled state employee;
(iii) a
				guest or client of the state, including a public employee, if conducting,
				participating in, or providing a benefit to the conduct of state
				business;
(iv) rendering assistance
				during an emergency situation; or
(v) a nursing infant if the parent is an
				authorized driver or passenger.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.205 - DRIVER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Nonprobationary
				employees required to drive as part of their job who have accumulated 12 or
				more conviction points according to the schedule specified in
				61-11-203, MCA, over the most
				recent 36 months may not drive a state vehicle or personal vehicle for state
				business until having successfully completed a certified safe driver course
				approved by the RMTD and received authorization to drive from their agency head
				and RMTD. State employee drivers who have accumulated 15 or more conviction
				points according to the schedule specified in
				61-11-203, MCA, may not drive a
				state vehicle or a personal vehicle for state business until the accumulated
				point total is less than 12 within the past 36 months.
(2) Nonprobationary employees who have
				accumulated 18 or more points in the immediately preceding 36 months may not
				drive a state vehicle or a personal vehicle for state business until two years
				have passed during which they have not accumulated any conviction points
				according to the schedule specified in
				61-11-203, MCA, have successfully
				completed a certified safe driver course approved by RMTD, and received
				authorization to drive from their agency head and RMTD.
(3) A state employee required to drive as
				part of the employee's job shall report any single driving infraction of five
				or more conviction points according to the schedule in
				61-11-203, MCA, accumulated while
				driving a state vehicle or a personal vehicle for state business to the
				employee's supervisor within ten days of conviction.
(4) A state employee required to drive as
				part of the employee's job shall report an accumulation of conviction points of
				12 or more according to the schedule in
				61-11-203, MCA, for the past 36
				months immediately preceding the infraction, whether accumulated while driving
				a state vehicle, a personal vehicle for state business, or accumulated while
				driving a motor vehicle for any purpose within ten days of the accumulation of
				12 or more points to the employee's supervisor.
(5) Authorized drivers are responsible for
				promptly paying all penalties following the court procedures established for
				contesting citations.
(6) The above
				requirements also apply to those individuals authorized to drive under the
				conditions listed in ARM
				2.6.205.
(7) The requirements specified in this rule
				apply to conviction points received after October 12, 2001.
(8) An agency has the authority to restrict
				employees otherwise authorized as drivers from using state vehicles when it
				knows they are unsafe drivers from means other than the accumulation of
				conviction points.
2-17-424, MCA; IMP,
					 2-9-201,
					 2-9-305,
					 2-17-424,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.209 - ALCOHOL AND DRUGS

Current through Register Vol. 13, July 5, 2024
(1) No person may
				be under the influence while on state business.
(2) No person may have an alcoholic beverage
				container in the passenger compartment of a state-owned, leased, or loaned
				vehicle.
2-17-424, MCA; IMP,
					 2-9-201,
					 2-9-305,
					 2-17-424,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.210 - CELL PHONE USE

Current through Register Vol. 13, July 5, 2024
(1) State employees
				shall drive in a careful and prudent manner so as not to unduly or unreasonably
				endanger the life, limb, property, or rights of a person entitled to use a
				street or highway.
(2) State
				employees are strongly encouraged not to use handheld cell phones or other
				handheld electronic communications devices or objects while operating state
				vehicles or personal vehicles on state business. Exceptions to this rule are
				law enforcement and emergency response personnel.
2-17-424, MCA; IMP,
					 2-9-201,
					 2-9-305, and
					 2-17-424,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.6 - RISK MANAGEMENT AND TORT DEFENSE DIVISION › Subchapter 2.6.2 - State Vehicle Use › Rule 2.6.214 - DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) Failure to comply with the requirements
				of these rules may result in disciplinary action, including suspension or
				termination. Any supervisor who becomes aware of any violation of these rules
				by an employee they supervise shall take appropriate disciplinary action,
				according to the state discipline policy set forth in ARM
				2.21.6505 through
				2.21.6509 and
				2.21.6515.
2-17-424, MCA; IMP,
					 2-9-201,
					 2-9-305,
					 2-17-424,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.1 - Regulation of Capitol Complex Buildings › Rule 2.11.101 - SOLICITATION TO BE BY PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-17-111, MCA; IMP,
					 2-17-111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.1 - Regulation of Capitol Complex Buildings › Rule 2.11.102 - USE OF SICK LEAVE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-17-111, MCA; IMP,
					 2-17-111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.1 - Regulation of Capitol Complex Buildings › Rule 2.11.103 - TOUR GUIDE SERVICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-17-111, MCA; IMP,
					 2-17-111,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.2 - Surplus Property › Rule 2.11.201 - AUTHORITY TO DISPOSE OF SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) State agencies
				may not transfer, sell, trade, or otherwise dispose of supplies owned by the
				state without written authorization of the Surplus Property Program. A
				department or legislative or judicial entity may transfer surplus supplies
				between the various units of that department or legislative or judicial entity.
(2) State agencies shall notify
				the division's Surplus Property Program of all surplus supplies. The entity may
				suggest a dollar value per item or per lot, but the suggestion does not
				constitute the minimum sale or transfer amount. The figures are not public
				information prior to transfer or sale
AUTH:
					 18-4-226, MCA; IMP:
					 18-4-226,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.2 - Surplus Property › Rule 2.11.202 - DISPOSITION OF SURPLUS SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) The division
				may transfer surplus supplies to other state agencies and other units of
				government.
(2) The division may
				offer surplus supplies to the public through online and live public auctions,
				established markets, or posted prices. However, some types and classes of items
				may be sold or disposed of more readily and advantageously by other means,
				including barter. In such cases, and also where the nature of the supply or
				unusual circumstances call for its sale to be restricted or controlled, the
				division may employ such other means, including appraisal, if the division
				makes a written determination that such procedure is advantageous to the state.
(a) The department accepts cash, personal
				checks, United States postal money orders, certified checks, cashier's checks,
				and business checks.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.11 - GENERAL SERVICES DIVISION › Subchapter 2.11.2 - Surplus Property › Rule 2.11.203 - ADOPTION OF STATE PLAN OF OPERATION-FEDERAL SURPLUS PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) As authorized by
				18-5-202,
				MCA, the department adopts and incorporates by reference the " Federal Surplus
				Property Program Montana State Plan of Operation" in compliance with 41 CFR
				102-37 and Public Law 94-519 (State Plan of Operation) promulgated by the
				department and filed with the General Services Administration of the United
				States government on July 1, 1977, and as revised February 23, 2021, pursuant
				to section 203(j)(4) of the Federal Property and Administrative Services Act of
				1949 ( 40 USC 484 ) as amended.
(2)
				The State Plan of Operation establishes the operating procedure and practices
				to be followed by the department for the fair and equitable distribution of
				federal surplus personal property to all eligible participants within the
				state.
(3) Copies of the State
				Plan of Operation may be obtained from the Department of Administration,
				General Services Division, P.O. Box 200137, Helena, Montana 59620-0137.
AUTH:
					 18-5-202,
					 MCA IMP:
					 18-5-202,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.1 - Regulation of Computer Facilities › Rule 2.12.101 - UTILIZATION OF CENTRALIZED STATE FACILITIES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA; IMP:
					 2-17-512,
					 2-17-515,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.1 - Regulation of Computer Facilities › Rule 2.12.102 - OBTAINING SERVICES FROM THE PRIVATE SECTOR-PRIOR APPROVAL REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-17-301, MCA; IMP,
					 2-17-301,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.201 - INTRODUCTION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA IMP:
					 2-17-518,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.202 - DEFINITIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA IMP:
					 2-17-506, MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.203 - AGENCY INFORMATION TECHNOLOGY PLANS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA IMP:
					 2-17-524,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.204 - REVIEW AND APPROVAL PROCESS FOR PROCUREMENT, DEVELOPMENT, AND OVERSIGHT OF INFORMATION TECHNOLOGY RESOURCES AND SOFTWARE AND MANAGEMENT SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) State agencies shall submit on forms as
				required by the department a request for all information technology
				procurements or state agency development efforts in accordance with policies,
				standards, procedures, and guidelines.
(2) Agencies may request a preliminary
				project planning meeting with the department to identify important project
				issues, including project schedule, timeframes for review and approval, project
				management requirements, reporting and approval requirements, and any other
				issues identified by the agency or the department.
(3) In accordance with the policies and
				principles established in
				2-17-505, MCA, the
				department shall use the following process in reviewing the request:
(a) determine if the request is subject to
				approval as defined in
				2-17-527,
				MCA;
(b) determine if the request
				meets all applicable policies, standards, procedures, and guidelines;
(c) verify if the request complies with the
				state strategic plan for information technology;
(d) determine if the request is based upon
				state agency defined business requirements;
(e) verify the request supports the state
				agency's current information technology strategic plan;
(f) refer the request to subject matter
				experts as necessary;
(g) follow
				procedures for signature requirements;
(h) approve or deny the request and notify
				the state agency of the decision.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.205 - GRANTING EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) State agencies
				may make a written request for an exception from a rule, policy, standard or
				procedure in writing to the state chief information officer (CIO). The request
				must:
(a) clearly outline a compelling
				business case, which includes a cost benefit analysis for the state agency and
				whether there is an impact to the enterprise, including an analysis of the
				economic impact on private businesses in Montana, demonstrating why it is in
				the best interests of the state of Montana to grant the exception;
(b) provide a description why enterprise
				accepted solutions, current policies and standards will not meet the state
				agency business requirements;
(c)
				demonstrate that the proposed solution conforms with the state strategic plan
				for information technology, other policies, standards, procedures and
				guidelines; and
(d) demonstrate
				that the proposed solution does not interfere with the ongoing conduct of
				business in other agencies or create other costs to the enterprise or other
				agencies.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.206 - ESTABLISHING POLICIES, STANDARDS, PROCEDURES, AND GUIDELINES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA IMP:
					 2-17-512,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.207 - APPEAL PROCESS AS IT APPLIES TO INFORMATION TECHNOLOGY PLANS, PROCUREMENTS, AND GRANTING EXCEPTIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-17-518,
					 MCA IMP:
					 2-17-515,
					 2-17-518,
					 2-17-524,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.2 - Montana Information Technology Act › Rule 2.12.208 - LOCAL GOVERNMENT PUBLIC MEETING RECORDINGS

Current through Register Vol. 13, July 5, 2024
(1) This rule
				implements  2-3-214, MCA, by providing guidance for creating, storing, and
				publishing audio and video recordings of local government public
				meetings.
(2) This rule provides
				technical advice but is not binding on local government entities. It is not
				legal advice. Whether meetings should be public meetings or should be recorded
				are considerations beyond the scope of this rule. Local government entities
				should consult  2-3-214, MCA, for more information about how and when meetings
				should be recorded.
(3) How should
				we record video during a meeting?
(a) To
				record video, you will need cameras. Ensure the camera setup adequately covers
				the governing body and persons communicating with the body. Cameras should have
				a minimum resolution of 720 pixels (HD) and a minimum frame rate of 30 frames
				per second (fps) for smooth video.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.301 - INTRODUCTION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9101
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9102
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.303 - APPOINTMENT OF LAND INFORMATION PLAN AND GRANT REVIEW SUBCOMMITTEES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9103
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.304 - ANNUAL LAND INFORMATION PLAN

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9104
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.305 - ESTABLISHING THE GRANT APPLICATION AND GRANTING PROCESS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9105
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.306 - MONITORING THE MONTANA LAND INFORMATION ACCOUNT FUNDS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9106
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.307 - ESTABLISHMENT OF STANDARDS AND GRANT COMPLIANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.12 - INFORMATION TECHNOLOGY SERVICES DIVISION › Subchapter 2.12.3 - Montana Land Information Act (Transferred to Title 10, chapter 102, subchapter 91) › Rule 2.12.308 - OFF-CYCLE GRANTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  10.102.9107
90-1-413, MCA; IMP,
					 90-1-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.13 - TELECOMMUNICATIONS BUREAU › Subchapter 2.13.1 - Regulation of Communications Facilities › Rule 2.13.101 - APPROVAL OF INSTALLATIONS. MODIFICATIONS, OR REMOVAL REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) The Department of Administration must
				approve the installation, modification, or removal of all telecommunication
				systems. In approving installations, modifications, and removals the department
				shall consult with and consider the needs of the various state agencies and the
				overall implications to all state telecommunication systems.
2-17-302, MCA; IMP,
					 2-17-302,
					 MCA;