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Home » US Law » 2022 Montana Code Annotated » Title 18. Public Contracts » Chapter 2. Construction Contracts » Part 3. Contract Requirements and Restrictions

18-2-301. Bids required — advertising

18-2-301. Bids required — advertising. (1) It is unlawful for any offices, departments, institutions, or any agent of the state of Montana acting for or in behalf of the state to do, to cause to be done, or to let any contract for the construction of buildings or the alteration and improvement of buildings and adjacent […]

18-2-302. Bid security — waiver — authority to submit

18-2-302. Bid security — waiver — authority to submit. (1) (a) Except as provided in subsection (2), each bid must be accompanied by bid security in the amount of 10% of the bid. The security may consist of cash, a cashier’s check, a certified check, a bank money order, a certificate of deposit, a money market certificate, […]

18-2-303. Construction bids — minimum requirements — effect of failure to comply

18-2-303. Construction bids — minimum requirements — effect of failure to comply. (1) Each bid communicated to a state agency for the construction of a building must contain or be accompanied by the following items that may not be waived by the state agency: (a) bid security, as required by 18-2-302; (b) the unit price for each item […]

18-2-311. Repealed

18-2-311. Repealed. Sec. 3, Ch. 87, L. 1985. History: En. Sec. 1, Ch. 141, L. 1967; R.C.M. 1947, 82-1927.

18-2-312. Excusable delays

18-2-312. Excusable delays. A public contractor shall not be considered to be working beyond contract time if the delay is caused by an accident or casualty produced by physical cause which is not preventable by human foresight, i.e., any of the misadventures termed an “act of God”. History: En. Sec. 2, Ch. 141, L. 1967; R.C.M. 1947, […]

18-2-313. Contract provisions necessary for federal funds

18-2-313. Contract provisions necessary for federal funds. In all contracts let for state, county, municipal, and school construction, repair, or maintenance work under any of the laws of this state when the funds for the projects are supplied in whole or in part from funds of the United States government, it is lawful to insert in […]

18-2-314. Cost-plus system invalid

18-2-314. Cost-plus system invalid. Any contracts made by, on behalf of, or for the state of Montana which shall directly or indirectly recognize the cost-plus system or principle shall be void and of no effect and this section shall stand as a notice of the invalidity of any such contract. History: En. Sec. 5, Ch. 149, L. […]

18-2-315. State purchasing not affected

18-2-315. State purchasing not affected. Nothing contained in 18-2-301, 18-2-302, or 18-2-314 alters, modifies, or changes the laws providing for or relating to department of administration functions relating to state purchasing. History: En. Sec. 6, Ch. 149, L. 1927; re-en. Sec. 259.6, R.C.M. 1935; amd. Sec. 55, Ch. 326, L. 1974; R.C.M. 1947, 82-1136.

18-2-316. Limit on retainage for public contracts

18-2-316. Limit on retainage for public contracts. (1) The maximum retainage applied to construction contracts administered by the state of Montana or any department, agency, or political subdivision of the state of Montana, by any county, municipality, or political subdivision of a county or municipality, or by a school district may not exceed 5% if the […]

18-2-317. State agency performance contracts — exempt

18-2-317. State agency performance contracts — exempt. Energy performance contracts entered into by state agencies pursuant to Title 90, chapter 4, part 11, are exempt from this part. History: En. Sec. 1, Ch. 439, L. 2009.