Montana Title 7. Local Government § 7-5-4311. Municipal contracts--conflict of interest

(1)(a) Except as provided in Title 18, chapter 2, part 5, regarding use of an alternative project delivery contract, the governing body of a city or town or other local government legislative body may not award a construction contract to a contractor if the entity has a financial interest, directly or indirectly, with a person, employee, contractor, subcontractor, or entity that has participated in the design or engineering of the project as a consultant or otherwise, or that represents the owner in the oversight or management of the contracted project, without disclosure of the conflict.

(b) A contractor who fails to disclose a conflict with the submission of a bid must be determined to be nonresponsive to the bid.  The governing body shall, at the time of bid opening, announce the disclosure of any conflicts for all bidders,  1 Subsequent to bid opening and prior to formal award, the governing body shall, in a public meeting, receive public comment on disclosed conflicts.  The governing body may determine and stipulate appropriate remedies, if any, in the formal award of the contract.