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52 Montana Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagmt0005 and id is 1 raw text is: VOLUME NO. 52 ADMINISTRATION, DEPARTMENT OF - Statutory grant of supervision over procurement contracts does not authorize the Department of Administration to supervise federally funded grants awarded by the Board of Crime Control to nongovernmental agencies; CRIME CONTROL, BOARD OF - Procurement Act does not apply to federally funded grants to nongovernmental agencies; CRIME CONTROL, BOARD OF - Statutory grant of supervision over procurement contracts does not authorize the Department of Administration to supervise federally funded grants awarded by the Board of Crime Control to nongovernmental agencies; GRANTS - Procurement Act does not apply to federally funded grants to nongovernmental agencies; STATUTORY CONSTRUCTION - Maxim of statutory construction that express mention implies exclusion of things not mentioned is not an inflexible rule but a guideline that gives way where other factors dictate differing interpretation; CODE OF FEDERAL REGULATIONS - 28 C.F.R. § 90.11, 28 C.F.R. § 90.12, 28 C.F.R. § 90.16, 28 C.F.R. § 90.18, 28 C.F.R. § 90.19, 28 C.F.R. § 90.23, 28 C.F.R. § 90.24; MONTANA CODE ANNOTATED - Title 18, chapter 4; sections 2-15-2006, 18-4-123, (12)(a), -132, (1), (a), (b), (c), (2), (3), (a), -221, -223, (3), -242(1), 44-4-301(1), 77-2- 364; MONTANA CONSTITUTION OF 1972 - Article X, section 4; MONTANA LAWS OF 1983 - Chapter 519; UNITED STATES CONSTITUTION - Amendment XI. HELD: The Montana Procurement Act does not apply to grants awarded by the Montana Board of Crime Control to nongovernmental agencies to fund community projects. March 25, 2008 Mr. Roland M. Mena Executive Director Montana Board of Crime Control P.O. Box 201408 Helena, MT 59620-1408 OPINION NO. 5