Montana Code Annotated 2021

TITLE 60. HIGHWAYS AND TRANSPORTATION

CHAPTER 2. STATE ADMINISTRATION

Part 1. Transportation Commission

Letting Of Contracts On State Highways And Commission-Designated Highway Systems

60-2-111. (Temporary) Letting of contracts on state highways and commission-designated highway systems. (1) Except as provided in subsection (2), all contracts for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns, and all contracts entered into under 7-14-4108 must be let by the commission. Except as otherwise specifically provided, the commission may enter the types of contracts and upon terms that it may decide. All contracts must meet the requirements of Title 18, chapter 2, part 4. When there is no prevailing rate of wages set by collective bargaining, the commission shall determine the prevailing rate to be stated in the contract.

(2) The commission may delegate the authority, with all applicable statutory restrictions, to award any contract covered by this section to the department or to a unit of local government.

(3) The commission may award contracts for projects that the department has determined are part of the design-build contracting program authorized in 60-2-137.

(4) Subject to 60-2-119, the commission may award alternative project delivery contracts in accordance with Title 18, chapter 2, part 5, for projects that the department has determined are appropriate for those contracts. (Terminates December 31, 2024--sec. 6, Ch. 54, L. 2017.)

60-2-111. (Effective January 1, 2025) Letting of contracts on state highways and commission-designated highway systems. (1) Except as provided in subsection (2), all contracts for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns, and all contracts entered into under 7-14-4108 must be let by the commission. Except as otherwise specifically provided, the commission may enter the types of contracts and upon terms that it may decide. All contracts must meet the requirements of Title 18, chapter 2, part 4. When there is no prevailing rate of wages set by collective bargaining, the commission shall determine the prevailing rate to be stated in the contract.

(2) The commission may delegate the authority, with all applicable statutory restrictions, to award any contract covered by this section to the department or to a unit of local government.

(3) The commission may award contracts for projects that the department has determined are part of the design-build contracting program authorized in 60-2-137.

History: En. Sec. 9-101, Ch. 197, L. 1965; R.C.M. 1947, 32-4101; amd. Sec. 1, Ch. 88, L. 1983; amd. Sec. 9, Ch. 87, L. 1993; amd. Sec. 7, Ch. 192, L. 2003; amd. Sec. 3, Ch. 56, L. 2007; amd. Sec. 3, Ch. 54, L. 2017; amd. Sec. 9, Ch. 299, L. 2019.