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 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 $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) (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 $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.

     History: En. Sec. 1, Ch. 498, L. 1985; amd. Sec. 1, Ch. 382, L. 2001.