67th Legislature SB 186.1
1 SENATE BILL NO. 186
2 INTRODUCED BY C. FRIEDEL
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE DEFINITION OF SERVICES RELATED TO
5 PUBLIC PROCUREMENT CONTRACTS TO INCLUDE THE PROVISION OF HUMAN SERVICES
6 ADMINISTERED BY A CONTRACTOR; AND AMENDING SECTION 18-4-123, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 18-4-123, MCA, is amended to read:
11 "18-4-123. Definitions. In this chapter, unless the context clearly requires otherwise or a different
12 meaning is prescribed for a particular section, the following definitions apply:
13 (1) "Business" means a corporation, partnership, individual, sole proprietorship, joint-stock company,
14 joint venture, or other private legal entity.
15 (2) "Change order" means a written order, signed by an authorized department representative,
16 directing the contractor to make changes that the changes clause of the contract authorizes the department to
17 order without the consent of the contractor.
18 (3) "Contract" means all types of state agreements, regardless of what they may be called, for the
19 procurement or disposal of supplies or services.
20 (4) "Contract modification" means a written alteration in specifications, delivery point, rate of delivery,
21 period of performance, price, quantity, or other provisions of a contract accomplished by mutual action of the
22 parties to the contract.
23 (5) "Contractor" means a person having a contract with a governmental body.
24 (6) "Data" means recorded information, regardless of form or characteristic.
25 (7) "Department" means the department of administration.
26 (8) "Designee" means an authorized representative of a person holding a superior position.
27 (9) "Director" means the director of the department of administration.
28 (10) "Employee" means an individual drawing a salary from a governmental body, whether elected or
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67th Legislature SB 186.1
1 not, and any noncompensated individual performing personal services for a governmental body.
2 (11) "Governmental body" means a department, commission, council, board, bureau, committee,
3 institution, legislative body, agency, government corporation, or other entity, instrumentality, or official of the
4 executive, legislative, or judicial branch of this state, including the board of regents and the Montana university
5 system.
6 (12) (a) "Grant" means the furnishing by the federal government of assistance, whether financial or
7 otherwise, to a person or agency to support a program authorized by law.
8 (b) Grant does not include an award whose primary purpose is to procure an end product, whether in
9 the form of supplies or services. A contract resulting from an award is not a grant but a procurement contract.
10 (13) "Person" means any business, individual, union, committee, club, other organization, or group of
11 individuals.
12 (14) (a) "Printing" means the reproduction of an image from a printing surface generally made by a
13 contact impression that causes a transfer of ink or the reproduction of an impression by a photographic process
14 and includes graphic arts, typesetting, binding, and other operations necessary to produce a finished printed
15 product.
16 (b) Printing does not include rebinding or repair by a library or an office, department, board, or
17 commission of books, journals, pamphlets, magazines, and literary articles held as a part of its library collection.
18 (15) (a) "Procurement" means acquisition with or without cost, buying, purchasing, renting, leasing, or
19 otherwise acquiring any supplies or services. The term includes all functions that pertain to the obtaining of any
20 supply or service, including description of requirements, selection and solicitation of sources, preparation and
21 award of contract, and all phases of contract administration.
22 (b) Procurement does not include the acquiring of supplies or services by gift.
23 (16) "Procurement officer" means any person authorized to enter into and administer contracts and
24 make written determinations with respect to contracts. The term includes an authorized representative acting
25 within the limits of the representative's authority.
26 (17) "Purchasing agency" means any governmental body, other than the department, that is authorized
27 by this chapter or its implementing rules or by way of delegation from the director to enter into contracts.
28 (18) (a) "Services" means the furnishing of labor, time, or effort by a contractor and includes the
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67th Legislature SB 186.1
1 provision of human services administered by a contractor.
2 (b) Services The term does not include employment agreements or collective bargaining agreements,
3 the provision of human services administered directly by the department of public health and human services,
4 or services related to construction contracts.
5 (19) "Supplies" means all property except as otherwise provided by law, including but not limited to
6 equipment, materials, printing, and commodities, and excluding land or any interest in land.
7 (20) "Using agency" means any governmental body of the state that uses any supplies or services
8 procured under this chapter.
9 (21) "Vendor" means a person who offers or may offer supplies or services to a public agency."
10 - END -
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Statutes affected:
Introduced: 18-4-123