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Committee hears bill to simplify resident preference claims and extend some state contract terms to 10 years
Summary
House Bill 113 would move resident preference administration to the Department of Administration, allow a simpler declaration option in procurement, and align maximum contract lengths at 10 years, Department of Administration officials told the committee.
Representative Steve Fitzpatrick introduced House Bill 113 as a Department of Administration proposal to amend Montana’s procurement law to (1) shift administration of resident preferences to the Department of Administration, (2) allow vendors to claim preference using a simple declaration rather than a notarized affidavit, and (3) align maximum contract length at 10 years for various contract types.
Don Harris, chief legal counsel at the Department of Administration, said the department wants to reduce paperwork and increase efficiency. He explained that under current practice a vendor must submit a notarized affidavit to claim a preference; the bill would permit a signed declaration under penalty of perjury through the state procurement system or a paper declaration, reducing the notary requirement. Harris said the preference itself is unchanged and only applies when bids are otherwise tied after scoring.
Harris also told the committee that Senate Bill 51 (2023) helped increase competition in procurements; as a practical example he said an RFP that normally drew four or five responses drew 12 after the earlier reforms. John Thomas, chief procurement officer, said aligning the maximum contract length at 10 years (up from a 7‑year maximum for many contracts) is intended to reduce the frequency of rebidding and create efficiency and better pricing opportunities for the state.
Galen Hollenbaugh, deputy commissioner for the Office of the Commissioner of Higher Education, said OCHE supports the extension to 10 years because it gives staff more time to monitor contracts and work with vendors on terms.
Committee members asked process questions: Harris said procurement staff would verify Montana residency using the Secretary of State’s registration system; he confirmed that vendors without electronic access could still submit a paper declaration or the traditional affidavit. The bill record indicated no opponents. The committee did not vote during the hearing.
