Terms Used In Montana Code > Title 18 > Chapter 5 - Special Purchasing Conditions

• Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Montana Code 18-5-602
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
• Annual performance report: means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures. See Montana Code 2-12-103
• Annual plan: means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations. See Montana Code 2-12-103
• Blind or visually impaired: means an individual who has:

  (a)a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees;

  (b)a medically indicated expectation of visual deterioration; or

  (c)a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability. See Montana Code 18-5-602

• Blind person: means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision in the better eye to such a degree that the widest diameter of the visual field subtends an angle that is not greater than 20 degrees as determined by an ophthalmologist or a physician skilled in diseases of the eye. See Montana Code 18-5-402
• Blind vendor: means a person certified as a blind person for the purpose of this part and who is operating a vending facility administered by the department. See Montana Code 18-5-402
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Data: means any information stored on information technology resources. See Montana Code 2-15-102
• Department: means the department of administration. See Montana Code 18-5-101
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• Department: means the department of public health and human services. See Montana Code 18-5-402
• Department: means each entity listed in 2-15-104(1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction. See Montana Code 2-12-103
• Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
• Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
• Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
• Federal property: means buildings or portions of buildings or other real property owned or leased by the federal government upon which the department may administer vending facilities by an agreement entered into under the authority of the federal Randolph-Sheppard Act, as amended. See Montana Code 18-5-402
• Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
• Information technology: means all electronic information processing hardware and software, including telecommunications. See Montana Code 18-5-602
• Information technology resources: means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data. See Montana Code 2-15-102
• Initiative: means a specific goal, objective, or target related to a performance measure that is adopted by a department. See Montana Code 2-12-103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Montana Code 18-5-602
• Other property: means all real property other than state or federal property as defined in this part. See Montana Code 18-5-402
• Outcomes: means a quantification of the public benefit for Montanans derived from actions by a department. See Montana Code 2-12-103
• Outputs: means a quantification of the number of services that a department produces for Montanans. See Montana Code 2-12-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Personal property: All property that is not real property.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Quasi-judicial function: means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. See Montana Code 2-15-102
• Readily adaptable: means that all critical components of information may be rendered by the information technology in equivalent nonvisual formats and that the installation or operation of software or hardware adaptations for speech, Braille, or other nonvisual formats do not require extraordinary alterations to the information technology. See Montana Code 18-5-602
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• State agency: means a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget. See Montana Code 18-5-602
• State property: means those buildings or portions of buildings or other real property owned or leased under a lease-purchase agreement or, in the case of a building, leased in its entirety by the state or agencies of the state and used in the conduct of state matters and occupied principally by state employees. See Montana Code 18-5-402
• Telecommunications: means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means. See Montana Code 18-5-602
• Undue burden: means compliance may be accomplished only by incurring an undue financial or administrative burden or by fundamentally altering a program or activity. See Montana Code 18-5-602
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Vending facility: means an area and equipment inclusive of vending machines on state property that is or may be used in providing a food, beverage, or other service to employees and other persons present on the property. See Montana Code 18-5-402
• Vocational rehabilitation programs: means those programs provided for under the federal Randolph-Sheppard Act, as amended, and Title 53, chapter 7, part 3. See Montana Code 18-5-402
• work activity center: means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:

  (a)holds a current certificate issued by the United States department of labor for either one or all of the following:

  (i)evaluation or training;

  (ii)a regular work program; or

  (iii)a work activity center;

  (b)complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;

  (c)in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and

  (d)is referred to as a "facility". See Montana Code 18-5-101