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- 2025
69th Legislature 2025 HB 53
- 1 - Authorized Print Version – HB 53
ENROLLED BILL
AN ACT REVISING PUBLIC CONTRACT LAW TO ALLOW FOR TROOP LABOR TO EXECUTE PROJECTS;
AND AMENDING SECTION 18-2-301, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 18-2-301, MCA, is amended to read:
"18-2-301. Bids required -- public notice. (1) (a) Offices, departments, or institutions, or any agent
of the state of Montana acting for or on behalf of the state, may not do, cause to be done, or let any contract for
the construction of buildings or the alteration and improvement of buildings and adjacent grounds on behalf of
and for the benefit of the state when the amount involved is $150,000 or more without first providing public
notice for 3 consecutive weeks, calling for sealed bids to perform the work, and stating the time and place bids
will be considered. Notice may include electronic notification, publication in newspapers of general circulation,
or other appropriate means.
(b) Starting July 1, 2028, and every 5 years after that, the department shall adjust the limits in
subsection (1)(a) for inflation. The inflation adjustment is determined by dividing the consumer price index for
June of the previous tax year by the consumer price index for June 2023. The newly adjusted limits must be
rounded to the nearest $1,000 and adopted by rule.
(2) All work may be done, caused to be done, or contracted for only after competitive bidding.
(3) If responsible bids are not received after two attempts, the department or agency may contract
for the work in a manner determined to be cost-effective for the state.
(4) This section does not apply to work done by inmates at an institution in the department of
corrections.
(5) (a) The provisions of Montana law governing advertising and competitive bidding do not apply
when the department of fish, wildlife, and parks is preserving or restoring the historic buildings and resources
- 2025
69th Legislature 2025 HB 53
- 2 - Authorized Print Version – HB 53
ENROLLED BILL
that it owns at Bannack if:
(i) the options listed in subsection (5)(b) are determined to be more cost-effective for the state;
and
(ii) the implementation of the options listed in subsection (5)(b) is necessary to save historic
buildings and resources from degradation and loss.
(b) For the preservation or restoration of historic buildings and resources at Bannack when the
conditions listed in subsection (5)(a) are met, the department of fish, wildlife, and parks may accomplish the
preservation or restoration through:
(i) a memorandum of understanding with a local, state, or federal entity or nonprofit organization
when the entity or organization demonstrates the competence, knowledge, and qualifications to preserve or
restore historic resources;
(ii) the use of qualified and trained department of fish, wildlife, and parks employees and
volunteers;
(iii) a training program in historic preservation and restoration conducted by a qualified local, state,
or federal entity or a qualified nonprofit organization; or
(iv) any combination of the options described in subsection (5)(b) subsections (5)(b)(i) through
(5)(b)(iii).
(c) The provisions of Montana law governing advertising and competitive bidding do not apply
when the department of military affairs, in conjunction with military training, is ensuring the necessary upgrades,
preservation, and restoration of facilities within their jurisdiction or ensuring the preparedness of military
personnel."
- END -
I hereby certify that the within bill,
HB 53, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 53
INTRODUCED BY G. NIKOLAKAKOS
BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
AN ACT REVISING PUBLIC CONTRACT LAW TO ALLOW FOR TROOP LABOR TO EXECUTE PROJECTS;
AND AMENDING SECTION 18-2-301, MCA.