Mont. Code Ann. » TITLE 18. PUBLIC CONTRACTS · CHAPTER 1. PUBLIC CONTRACTS GENERALLY · Part 1. Preferences and General Matters
Montana Code Annotated

Mont. Code Ann. § 18-1-102 (2026)

State Contracts To Lowest Bidder -- Reciprocity

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 18
  3. CHAPTER 1
  4. Part 1
  5. 18-1-102 State contracts to lowest bidder -- reciprocity

TITLE 18. PUBLIC CONTRACTS

CHAPTER 1. PUBLIC CONTRACTS GENERALLY

Part 1. Preferences and General Matters

State Contracts To Lowest Bidder -- Reciprocity

18-1-102. State contracts to lowest bidder -- reciprocity. (1) In order to provide for an orderly administration of the business of the state of Montana in awarding public contracts for the purchase of goods and for construction, repair, and public works of all kinds, a public agency shall, except as provided in Title 18, chapter 2, part 5, award:

(a) a public contract for construction, repair, or public works to the lowest responsible bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of a nonresident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country.

(b) a public contract for the purchase of goods to the lowest responsible bidder without regard to residency. However, a resident must be allowed a preference on a contract against the bid of a nonresident if the state or country of the nonresident enforces a preference for residents. The preference must be equal to the preference given in the other state or country.

(2) The preferences in this section apply:

(a) whether the law requires advertisement for bids or does not require advertisement for bids; and

(b) to contracts involving funds obtained from the federal government unless expressly prohibited by the laws of the United States or regulations adopted pursuant to federal laws.

History: En. Sec. 1, Ch. 183, L. 1961; amd. Sec. 1, Ch. 197, L. 1969; R.C.M. 1947, 82-1924; amd. Sec. 1, Ch. 468, L. 1985; amd. Sec. 2, Ch. 512, L. 1987; amd. Sec. 1, Ch. 32, L. 1991; amd. Sec. 1, Ch. 306, L. 1999; amd. Sec. 9, Ch. 181, L. 2001; amd. Sec. 6, Ch. 574, L. 2005.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1990–2024 · leading case: ISC Distributors, Inc. v. Trevor, 903 P.2d 170 (Mont. 1995).
Sort: Relevance Newest Treatment
ISC Distributors, Inc. v. Trevor, 903 P.2d 170 (Mont. 1995). · cites it 4× “" While § 18-1-102, MCA, provides a preference to residents, that is only one factor that must be considered, and there is no record in this case which would indicate that that preference was misapplied.”
Debcon, Inc. v. City of Glasgow, 2001 MT 124 (Mont. 2001). · cites it 2× “” More generally, under § 18-1-102(1), MCA, a State agency must award construction contracts to the “lowest responsible bidder.”
Missoula Cnty. v. DOC, 2024 MT 98 (Mont. 2024). · cites it 2× “1, MCA; § 18-1-102(1), MCA. It establishes bid security requirements for the public authorities that solicit bids for public works projects.”
Petri v. Montana State Univ., 860 P.2d 154 (Mont. 1993). · cites it 4× “II Did the court err in failing to find that MSU violated a duty to award state contracts to the lowest responsible bidder? Petri cites § 18-1-102, MCA, which provides that public contracts shall be awarded "to the lowest responsible bidder.”
A-G-E Corp. v. United States Ex Rel. Off. of Mgmt. & Budget, 753 F. Supp. 836 (D.S.D. 1990). “See Mont. Code Ann. § 18-1-102 (Supp.1989); N.”
— Mont. Code Ann. § 18-1-102(1) — 2 cases
Debcon, Inc. v. City of Glasgow, 2001 MT 124 (Mont. 2001). “” More generally, under § 18-1-102(1), MCA, a State agency must award construction contracts to the “lowest responsible bidder.”
Missoula Cnty. v. DOC, 2024 MT 98 (Mont. 2024). “1, MCA; § 18-1-102(1), MCA. It establishes bid security requirements for the public authorities that solicit bids for public works projects.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.