UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STATE WATER PROJECT-RELATED CONSTRUCTION CONTRACTING REQUIREMENTS; 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. (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 $75,000 or less; or
(d) an exigency exists.
(4) The provisions of Title 18, chapter 2, parts 2 through 4, apply to contracts awarded under this section. The
However, 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 $75,000 or less. For a project with a proposed cost of $75,000 or less but more than $25,000,
the department shall obtain at least three informal bids from contractors registered in Montana, if reasonably available. For a
project with a proposed cost of $25,000 or less, the department may award a contract without complying with the
provisions of Title 18."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of LC 178 (LC0178.01)
Processed for the Web on December 1, 1998 (1:10PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
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