INTRODUCED
BY C. Friedel, B. Bennett, J. Ellsworth, S. Hinebauch, T. Jacobson, R. Lynch,
D. Salomon, J. Small, C. Smith, F. Garner, E. Hill, C. Hinkle, B. Ler, J.
Schillinger, K. Zolnikov, J. Cohenour
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A COUNTY TO ENTER INTO COOPERATIVE PURCHASING AGREEMENTS WITH CERTAIN ENTITIES; EXEMPTING COOPERATIVE PURCHASING AGREEMENTS FROM COMPETITIVE BIDDING REQUIREMENTS; AMENDING SECTION 7-5-2304, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Power to enter and execute cooperative purchasing agreements. (1) A county may enter into an agreement for cooperative purchasing as defined in 18-4-401 with:
(a) the state;
(b) a political subdivision of the state or any other state; and
(c) any other government entity as defined in 2-11-103.
(2) Goods or services procured by participation in a cooperative purchasing agreement or program allowed in this section are considered to have been acquired in accordance with this part.
Section 2. Section 7-5-2304, MCA, is amended to read:
"7-5-2304. Exemptions from competitive bidding requirements. The provisions of 7-5-2301 do not apply to contracts for:
(1) public printing entered into in accordance with the provisions of Title 18, chapter 7, part 4; and
(2) purchases that, in the opinion of the governing body, are made necessary by fire, flood, explosion, storm, earthquake, other elements, epidemic, or riot or insurrection; for the immediate preservation of order or the public health; for the restoration of a condition of usefulness that has been destroyed by accident, wear, tear, or mischief; or for the relief of a stricken community overtaken by calamity; and
(3) a cooperative purchasing agreement allowed in [section 1]."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 5, part 23, and the provisions of Title 7, chapter 5, part 23, apply to [section 1].
Section 4. Applicability. [This act] applies to contracts for cooperative purchasing entered into by a county on or after [the effective date of this act].