Montana

Montana Code Annotated

Title 18. Public Contracts

Chapter 4. Montana Procurement Act

Part 4. Cooperative Purchasing

MONT. CODE ANN. §18-4-401. Definitions

As used in this part, the following definitions apply:

(1) “Cooperative purchasing” means procurement conducted by or on behalf of more than one public procurement unit.

(2) “Local public procurement unit” means a county, city, town, or other subdivision of the state or a public agency of any such subdivision; public authority; educational, health, or other institution; to the extent provided by law, any other entity that expends public funds for the procurement of supplies and services; and any nonprofit corporation operating a charitable hospital.

(3) “Public procurement unit” means a local or state public procurement unit of this or any other state, including an agency of the United States, or a tribal procurement unit.

(4) “State public procurement unit” means a state department, agency, or official that expends public funds for the procurement of supplies and services.

(5) “Tribal procurement unit” means a tribal government, tribal entity, or official of a tribal government located in Montana that expends tribal funds or funds administered by a tribe for the procurement of supplies and services to the extent provided by tribal or federal law.

MONT. CODE ANN. §18-4-402. Cooperative purchasing authorized.

The department* may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units in accordance with an agreement entered into between the participants independent of the requirements of part 3. Cooperative purchasing may include purchasing through federal supply schedules of the United States general services administration, joint or multiparty contracts between public procurement units, open-ended state public procurement unit contracts that are made available to local public procurement units, and competitive contracts established by for-profit, not-for-profit, or nonprofit cooperative entities.

MONT. CODE ANN. §18-4-404. Cooperative use of supplies or services.

The department may enter into an agreement, independent of the requirements of part 3, with any other public procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties.

MONT CODE ANN § 18-4-124. Local government adoption of procurement provisions — alternative project delivery contracts

(1) A political subdivision or school district may adopt any or all parts of this chapter and the accompanying rules promulgated by the department.

(2) A governing body, as defined in 18-2-501, may adopt the provisions of Title 18, chapter 2, part 5, and use an alternative project delivery contract.

Montana Constitution

Article XI. Local Government

Section 7. Intergovernmental cooperation.

(1) Unless prohibited by law or charter, a local government unit may

(a) cooperate in the exercise of any function, power, or responsibility with,

(b) share the services of any officer or facilities with,

(c) transfer or delegate any function, power, responsibility, or duty of any officer to one or more other local government units, school districts, the state, or the United States.

(2) The qualified electors of a local government unit may, by initiative or referendum, require it to do so.

Section 1. Definition.

The term “local government units” includes, but is not limited to, counties and incorporated cities and towns. Other local government units may be established by law.

Administrative Rules of Montana

Administration

State Procurement

ARM 2.5.610   COOPERATIVE PURCHASING

(2) For the purposes of complying with 18-4-221, MCA, the following definitions apply:

(a) “public authority” means an entity of a political subdivision of the state that is authorized to spend or receive public funds to further public interests;

(b) “educational institution” means any school system operating within the state that expends public funds for the procurement of supplies and services;

(c) “health institution” means an entity of a political subdivision of the state organized for the purpose of providing health care and related services and that expends public funds for the procurement of supplies and services;

(d) “other institution” means an entity of a political subdivision of the state that operates for a particular public purpose and that expends public funds for the procurement of supplies and services; and

(e) “any other entity that expends public funds for the procurement of supplies and services” means an Internal Revenue Code 501(c)(3) organization, as that statute reads on May 23, 2014, that expends public funds for the procurement of supplies and services.

(3) Nonprofit corporations that wish to enter into an agreement with the state for the cooperative use of supplies or services shall provide the division with documentation that they are or will be lawfully authorized to spend public funds.

(4) An agency may participate in a cooperative contract if the following conditions are met:

(a) the division provided adequate public notice of the solicitation; and

(b) the contract or purchase order includes all statutorily required terms and conditions.

(5) If an agency wishes to participate in a cooperative contract, and (4)(a) has not been met, the division shall provide adequate opportunity for public participation by either:

(a) issuing a solicitation for the supply or service and including the cooperative contract as a response; or

(b) providing notice of the intent to purchase from the cooperative contract and allowing interested vendors a reasonable time to submit a response to the notice.

(6) The division may exempt an agency from the requirements of (4)(a) and (5) if it is shown to be in the best interests of the state.