Montana Attorney General Opinion 16-119

Opinion No. 119. Water Conservation Board-Bids- Advertising for Bids. HELD: It is not necessary for the Water Conservation Board to adver- tise for bids for the construction of Water Conservation Projects where same require an expenditure of over $500.00. Mr. J. S. James State Engineer The Capitol June 17, 1935. You inquire as to whether or not it is necessary to advertise for bids for the construction of Water Conserva- tion Projects where same require an expenditure of over $500.00. In par- ticular, attention is called to certain small projects where the work may be done in part or in whole by parties interested in the construction of the work. Chapter 96, Laws of 1935, provides among the powers given to the State Water Conservation Board: "To con- struct any projects or public works by contract, or otherwise, as pre- scribed by Act of Congress, or by any rule or regulation thereunder." The rule is well settled and has been recognized in this State that it is not necessary to advertise for con- tracts unless same is required by law. Miller Insurance Agency v. Porter, 93 Mont. 567. In this case are cited cer- tain statutes requiring advertisement by the Board of Examiners. In an opinion by the Attorney General to the Hon. John J. Holmes, dated Sep- tember 16, 1933, attention was di- rected to the following statutes: Chapter 149, Laws of 1927, requiring advertisements for building in excess of $500.00, and Chapter 66, Laws of 1923, requiring advertisements for bids by the Purchasing Agent. We have been unable to find any specific statute requiring the adver- tising for bids in the case you men- tion and, therefore, conclude that same is not necessary in all cases, and that in the event in the exercise of your discretion you determine that it is not advisable to advertise for bids you may secure the construction of the works mentioned without that formality.