Montana Code 18-4-305 (2021) - Small purchases and limited The department recently contracted with a third-party consultant and met with internal and external stakeholders to assess state procurement practices. It is certainly plausible to think that by excluding intergovernmental grants the framers of the Model Act, and by extension the Legislature, intended to confirm that grants of the kinds at issue here are not procurement contracts. Code Ann. 1935; amd. These are tentative awards pending the receipt of a purchase order or fully executed contract. 5. The department has determined that under 2-4-111, MCA, the proposed amendment and repeal of the above-stated rules will not significantly and directly impact small businesses. A term contract is a contract in which a source or sources of supply are established for a specific period of time at a predetermined unit price. First, parsing the language of the Act leads to the conclusion that it does not apply. Among other functions, the board serves as the "state planning agency" under the Omnibus Crime Control and Safe Streets Act of 1968. 1, Ch. You can explore additional available newsletters here. General Provisions18-4-123. 4, apply to the awarding of sub-grants by the Montana Board of Crime Control to nongovernmental agencies to fund community projects? The written delegation shall specify: IMP:2-17-301, 2-17-512, 18-4-221, 18-4-222, MCA. Your question requires an analysis of the scope of the Montana Procurement Act ("the Act"), which was adopted in 1983 based on the American Bar Association Model Procurement Act. 18-4-221, -223. For example, Mont. 90.12, 28C.F.R. 87, 93, 976 P.2d 988, 992. History:En. As its name implies, the Omnibus Crime Control and Safe Streets Act, with its frequent subsequent amendments, is a multifaceted federal effort to attack the problem of crime in America. The limited solicitation procedure must be documented and, wherever practical, use the department's vendor list. Laws, ch. Ch. 16, Ch. DOCX Department of Administration Sec. PDF 2019 Montana Code Annotated - School Laws of Montana this Section. The policies served by these sub-grants are federal. (3)The division or state agency, if authorized in a written delegation agreement, may procure supplies or services with a total contract value between $5,001 and $25,000, or supplies with a total contract value between $5,001 and $50,000 of $10,000 or more and less than $100,000, using a limited solicitation procedure. Get free summaries of new opinions delivered to your inbox! . 7, Ch. In addition, although the department works to keep its website accessible at all times, concerned persons should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems. Code Ann. Executive Order No. 262, L. 1991; amd. 5 Montana Negotiated Rulemaking Act 87 Ch. (1)When immediate delivery of articles or performance of service is required by the public exigencies, the articles or service required may be procured by open purchase or contract at the place and in the manner in which the articles are usually bought and sold or the services engaged between individuals but under the direction of the department. (a)except for controlled items, or as specified in (5), authority is delegated to all agencies for the procurement of supplies and services, (b)authority to purchase supplies and services when the total contract value is expected to be, GENERAL STATEMENT OF REASONABLE NECESSITY. 90.24; MONTANA CODE ANNOTATED - Title 18, chapter 4; sections 2-15-2006, 18-4-123, (12)(a), 132, (1), (a), (b), (c), (2), (3), (a), -221, -223, (3), -242(1), 44-4-301(1), 77-2-364; MONTANA CONSTITUTION OF 1972 - Article X, section 4; UNITED STATES CONSTITUTION - Amendment XI. 9, Ch. This requirement obviously clashes with the Act's delegation to the Department of Administration of policy-making authority over procurement. The sub-grants provide services to individuals in communities throughout. Montana Procurement Act Part 1. provide operational efficiencies and reduce red tape for low-dollar purchases. State Information Technology Services Division 125 N. Roberts PO Box 200113 Helena, MT 59620-0113 Service Desk (406) 444-2000 | Fax (406) 444-2701. Do you use an adblocker? A request by a state agency to the division that a procurement be restricted to one vendor must be accompanied by a written justification using the "Sole Source Procurement Justification" form referenced in (5). Title 18, chapter 4, MCA (Montana Procurement Act) B. Sec. (2) remains the same. Federally-Inspected Facilities Directory. 90.24. Sec. Art. Montana Procurement Act Administrative Rules of Montana Administrative Rules Notices Fuel & PCard Programs UCC Article II: Sale of Goods Montana Operations Manual (MOM) Executive Orders Net Neutrality Equal Pay for Montana Women Governor's Office Memo March 2, 2022 8, Ch. . 4. Part 1 - GENERAL PROVISIONS. Please contact Julie James, Department of Administration, P.O. 1947, 82-1919; amd. The Department of Administration has suggested that the inclusive language of Mont. The department proposes to repeal the following rules: GENERAL STATEMENT OF REASONABLE NECESSITY:The department proposes to repeal ARM 2.4.201 and 2.4.202 in an effort to streamline regulation and cut red tape as part of Governor Gianforte's Red Tape Relief Initiative. .") Montana Operations Manual a. POL-Information Technology Procurement Request Policy b. POL-Information . (14) (a) "Printing" means the reproduction of an image from a printing surface generally made by a contact impression that causes a transfer of ink or the reproduction of an impression by a photographic process and includes graphic arts, typesetting, binding, and other operations necessary to produce a finished printed product. Nothing in the applicable statutes explicitly provides an exemption for these contracts from the broad provision in Mont. Code Ann. Const. Agencies may exercise delegated purchasing authority greater than $5,000 of $10,000 or more and for exigency purchases in accordance with written delegation agreements described in ARM 2.5.202, with the Montana Procurement Act, and with these rules. 90.16, 28C.F.R. 52 OPINION NO. Information not readily available on the website may be requested by submitting an information request to the Agency responsible for the documentation or information needed. Executive Orders and Administrative Rules : 1. Please check official sources. (b) Procurement does not include the acquiring of supplies or services by gift. Your question requires an analysis of the scope of the Montana Procurement Act ("the Act"), which was adopted in 1983 based on the American Bar Association Model Procurement Act. (19) "Supplies" means all property except as otherwise provided by law, including but not limited to equipment, materials, printing, and commodities, and excluding land or any interest in land. responsibilities, delegation of purchasing, NOTICE OF PROPOSED AMENDMENT AND REPEAL. 18-4-132(1)(c). Contracts - Montana Sign up for our free summaries and get the latest delivered directly to you. 2023 LawServer Online, Inc. All rights reserved. Montana Code Annotated 18-4-123 requires that the Act's definitions be applied with an eye to context, and there may be situations in which it would be appropriate to apply the Act to contracts under which the state contracts for supplies or services for an entity that is not a state agency. This language applies only to an agreement that meets the definition of "contract" found in the Act, i.e., an agreement for the procurement of goods and services to be used by the state or its agencies. 09-2016 2. Definitions As used in this part, the following definitions apply: "Cooperative purchasing" means procurement conducted by or on behalf of more than one public procurement unit. You're all set! (2)Collusion or secret agreements between vendors for the purpose of securing any advantage to the vendors as against the state in the awarding of contracts are prohibited. State of Montana Executive Order No. IMP: 18-4-132, 18-4-221, 18-4-222, 18-4-302, MCA. 443, L. 1997; amd. by this state acting through a governmental body under any contract." 62, Ch. This site is protected by reCAPTCHA and the Google, There is a newer version 47, Ch. PDF Montana's Part C Compliance Document CHAPTER 3 DELEGATED AUTHORITY 3.1 Delegation Agreements. The $5,000 small purchase threshold has been in place since 1994. Sec. Pursuant to Mont. 90.11 (authorizing state grants under the Violence Against Women Act to local governments and "nonprofit, nongovernmental victim services programs for the purpose of developing and strengthening effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services . 1947, 82-1922; amd. The state may declare the contract void if the department finds sufficient evidence after a contract has been let that the contract was obtained by a vendor or vendors by reason of collusive or secret agreement among the vendors to the disadvantage of the state. 2.0 AUTHORITY 2.1 The authority for this Agreement is the Cash Management Improvement Act of 1990 (Public Law 101-453), as amended by the Cash Management Improvement Act of 1992 (Public Law 102-589), codified at 31 U.S.C. You can explore additional available newsletters here. The coverage of the Act is generally defined in Mont. 9. (9) "Director" means the director of the department of administration. Approval must be obtained through the Information Technology Procurement Request (ITPR) process. 2.4.202EXCEPTIONS TO MINIMUM REFUND RULE. 18-4-132(1)(a), the Act applies to "expenditure of funds . (8) "Designee" means an authorized representative of a person holding a superior position. to see Rule text. The department has also argued that the specific exclusion of "grants or contracts between the state and its political subdivisions or other governments" in Mont. You have requested my opinion on the following question: Does the Montana Procurement Act, Mont. The department has determined that under, Montana Administrative Register Notice 2-5-628. MONTANA PROCUREMENT ACT Part 1. The substance of the rules will be incorporated in MOM Policy 330 Payments, Suppliers, and Related IRS Reporting. First, parsing the language of the Act leads to the conclusion that it does not apply. Sec. Comments must be received no later than 5:00 p.m., September 2, 2022. under any contract." For more information on the items listed below, contact the State Procurement Bureau. Code Ann. (5)When a state department, agency, or official administers a grant of public funds and contracts with a landowner to carry out a recreational or environmental remediation, reclamation, or conservation project that benefits the state, the department may exempt the landowner from the provisions of chapter 1 and this chapter if the landowner conducts the work or conducts a form of competitive procurement allowed by the terms of the contract. Administrative Rules of the State of Montana 1935; amd. The Department of Administration will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.
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