HOUSE BILL NO. 46
INTRODUCED BY R. DALE
AN ACT INCREASING THE LIMIT FOR CONSTRUCTION CONTRACTS WITHOUT FORMAL COMPETITIVE BIDS FOR STATE-OWNED WATER PROJECTS TO $50,000; EXEMPTING THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FROM SPECIFIC SOLICITATION AND SELECTION PROCEDURES FOR CONTRACTS UP TO $15,000 FOR GOODS, NONCONSTRUCTION SERVICES, OR PROFESSIONAL SERVICES RELATED TO STATE-OWNED WATER PROJECTS; AMENDING SECTION 85-1-219, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 85-1-219, MCA, is amended to read:
"85-1-219. State-owned works -- department approval -- bids -- procurement of goods and services. (1) For all state-owned works constructed, repaired, altered, improved, maintained, rehabilitated, or reconstructed, the department shall:
(a) review and approve all plans and working drawings prepared by engineers or architects, if any;
(b) approve all bond issues or other financial arrangements and supervise and approve the expenditure of all money;
(c) solicit, accept, and reject bids and award all contracts to the lowest qualified bidder, considering conformity with specifications and terms and reasonableness of bid amount;
(d) review and approve all change orders;
(e) accept the works when completed according to approved plans and specifications.
(2) Except as provided in subsection (3), the department must shall solicit sealed, competitive bids before awarding a
contract under subsection (1) and may award a contract only after receipt of at least one bid, if reasonably available.
(3) The department may negotiate a contract, without competitive bidding, with a contractor qualified to do business in Montana if:
(a) the department rejects all bids for the work;
(b) an emergency threatening life or property exists;
(c) the proposed construction costs are less than $25,000; or $50,000 or less;
(d) an exigency exists; or
(e) the cost of goods, nonconstruction services, or professional services is $15,000 or less.
(4) The (a) Except as provided in subsection (4)(b), the provisions of Title 18, chapter 2, parts 2 through 4, apply to
contracts awarded for construction under this section.
(b) The provisions of Title 18, chapter 2, parts 2 and 3, do not apply to contracts for which the proposed construction
costs are less than $25,000 $50,000 or less.
(c) The requirements of Title 18, chapter 4, do not apply to contracts for which the cost of goods or nonconstruction services is $15,000 or less.
(d) The department may contract for professional services by direct negotiation when the cost of professional services covered by the contract does not exceed $15,000. The department may not separate service contracts or split or break projects for the purpose of circumventing the provisions of Title 18, chapter 8, part 2."
Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 46 (HB0046.ENR)
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