§ 18-2-301 — Bids Required -- Public Notice

Montana § 18-2-301

• Jurisdiction: Montana
• Title 18: PUBLIC CONTRACTS
• Ch. 2: CONSTRUCTION CONTRACTS
• Part 3: Contract Requirements and Restrictions

Text

18-2-301 . Bids required -- public notice. (1) (a) Offices, departments, or institutions, or any agent of the state of Montana acting for or on behalf of the state, may not do, cause to be done, or let any contract for the construction of buildings or the alteration and improvement of buildings and adjacent grounds on behalf of and for the benefit of the state when the amount involved is $150,000 or more without first providing public notice for 3 consecutive weeks, calling for sealed bids to perform the work, and stating the time and place bids will be considered. Notice may include electronic notification, publication in newspapers of general circulation, or other appropriate means.
(b) Starting July 1, 2028, and every 5 years after that, the department shall adjust the limits in subsection (1)(a) for inflation. The inflation adjustment is determined by dividing the consumer price index for June of the previous tax year by the consumer price index for June 2023. The newly adjusted limits must be rounded to the nearest $1,000 and adopted by rule.
(2) All work may be done, caused to be done, or contracted for only after competitive bidding.
(3) If responsible bids are not received after two attempts, the department or agency may contract for the work in a manner determined to be cost-effective for the state.
(4) This section does not apply to work done by inmates at an institution in the department of corrections.
(5) (a) The provisions of Montana law governing advertising and competitive bidding do not apply when the department of fish, wildlife, and parks is preserving or restoring the historic buildings and resources that it owns at Bannack if:
(i) the options listed in subsection (5)(b) are determined to be more cost-effective for the state; and
(ii) the implementation of the options listed in subsection (5)(b) is necessary to save historic buildings and resources from degradation and loss.
(b) For the preservation or restoration of historic buildings and resources at Bannack when the conditions listed in subsection (5)(a) are met, the department of fish, wildlife, and parks may accomplish the preservation or restoration through:
(i) a memorandum of understanding with a local, state, or federal entity or nonprofit organization when the entity or organization demonstrates the competence, knowledge, and qualifications to preserve or restore historic resources;
(ii) the use of qualified and trained department of fish, wildlife, and parks employees and volunteers;
(iii) a training program in historic preservation and restoration conducted by a qualified local, state, or federal entity or a qualified nonprofit organization; or
(iv) any combination of the options described in subsections (5)(b)(i) through (5)(b)(iii).
(c) The provisions of Montana law governing advertising and competitive bidding do not apply when the department of military affairs, in conjunction with military training, is ensuring the necessary upgrades, preservation, and restoration of facilities within their jurisdiction or ensuring the preparedness of military personnel.

Legislative History

(1) thru (3)En. Sec. 1, Ch. 149, L. 1927; re-en. Sec. 259.1, R.C.M. 1935; amd. Sec. 1, Ch. 142, L. 1961; amd. Sec. 1, Ch. 97, L. 1977; Sec. 82-1131, R.C.M. 1947; (4)En. Sec. 2, Ch. 142, L. 1961; amd. Sec. 92, Ch. 199, L. 1965; amd. Sec. 54, Ch. 326, L. 1974; Sec. 82-1131.1, R.C.M. 1947; R.C.M. 1947, 82-1131, 82-1131.1; amd. Sec. 2, Ch. 16, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 6, Ch. 518, L. 1993; amd. Sec. 61, Ch. 546, L. 1995; amd. Sec. 1, Ch. 57, L. 1997; amd. Sec. 5, Ch. 249, L. 1997; amd. Sec. 6, Ch. 96, L. 2023; amd. Sec. 1, Ch. 78, L. 2025.