Montana § 76-15-1011 Exemptions From Advertising And Bidding

Montana Statutes

§ 76-15-1011 — Exemptions From Advertising And Bidding

Montana·Title 76 LAND RESOURCES AND USE·Ch. 15 CONSERVATION DISTRICTS·Part 10 Procurement and Competitive Bidding

76-15-1011 . Exemptions from advertising and bidding.

(1)When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if:

(a)the supervisors act, by majority vote in an open meeting, in a manner that best meets the emergency and serves the public interest; and

(b)the emergency is declared and recorded in the minutes of the board of supervisors meeting.

(2)Supplies or services may be purchased without bid from government agencies if purchased at a substantial savings.

(3)(a) Contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or mainte

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76-15-1011 . Exemptions from advertising and bidding. (1) When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if:
(a) the supervisors act, by majority vote in an open meeting, in a manner that best meets the emergency and serves the public interest; and
(b) the emergency is declared and recorded in the minutes of the board of supervisors meeting.
(2) Supplies or services may be purchased without bid from government agencies if purchased at a substantial savings.
(3) (a) Contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance for which the cost is less than the limit provided in 7-5-2301 may be entered into by direct negotiation.
(b) A contract for architectural, engineering, and land surveying services may be entered into by direct negotiation subject to the limits of 18-8-212 .
(c) For other contracts, if the total contract value is estimated to be:
(i) less than $10,000, a purchase technique may be used to meet conservation district needs;
(ii) more than $10,000 but not to exceed $100,000, a limited solicitation procedure may be used. This procedure requires a minimum of three viable written or oral quotations, if available, with an award based on the lowest responsible bid price that meets all criteria and specifications. A conservation district shall document the basis for an award under a limited solicitation procedure.
(iii) more than $100,000, a conservation district shall advertise for bids, proposals, or qualifications pursuant to 76-15-1006 and award a contract using a request for proposal or an invitation to bid pursuant to 76-15-1012 .
(4) Vehicles, machinery, equipment, materials, or supplies may be rented if the rental results in a substantial savings over purchase.

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