Montana Administrative Code

2.5.103 REQUISITIONING PROCEDURES (PREPARATION AND SUBMISSION) (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.104 AGENCY PURCHASING AUTHORITY (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.105 TERM CONTRACTS (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.106 BID LIST (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.107 BID PREPARATION (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.108 SOLICITATION OF BIDS (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.109 AWARDING OF CONTRACTS (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.110 RECORDS OF BIDS (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.111 QUALITY CONTROL - RECEIPT AND INSPECTION (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.112 NONPERFORMANCE BY VENDOR (IS HEREBY REPEALED) Authorizing statute(s): 18-1-402, MCA Implementing statute(s): 18-1-402, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1981 MAR p. 202, Eff. 3/13/81.

2.5.113 NONPERFORMANCE BY STATE (IS HEREBY REPEALED) Authorizing statute(s): 18-1-402, MCA Implementing statute(s): 18-1-402, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1981 MAR p. 220, Eff. 3/13/81.

2.5.114 JOINT GOVERNMENTAL PURCHASE (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.115 NEGOTIATED REHABILITATION CONTRACTS (IS HEREBY REPEALED) Authorizing statute(s): 18-5-102, MCA Implementing statute(s): 18-5-101 through 18-5-103, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.116 REFERENCED FORMS (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, 1978 MAR p. 717, Eff. 3/25/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.117 TRANSFER OF CONTRACTS OR COLLUSION - ADDITIONAL PENALTIES (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101, MCA Implementing statute(s): Title 18, chapter 4, MCA History: NEW, Eff. 12/31/72; TRANS, Eff. 11/30/78; REP, 1983 MAR p. 1918, Eff. 12/30/83.

2.5.118 MONTANA SMALL BUSINESS PURCHASING ACT (IS HEREBY REPEALED) Authorizing statute(s): 18-4-101 and 18-5-304, MCA Implementing statute(s): Title 18, chapter 5, part 3, MCA History: NEW, Eff. 6/17/74; TRANS, Eff. 11/30/78; AMD, 1990 MAR p. 1770, Eff. 9/14/90; REP, 1995 MAR p. …

2.5.119 STUDENT ASSOCIATION PROCUREMENT EXEMPTION (IS HEREBY REPEALED) Authorizing statute(s): 18-4-221, MCA Implementing statute(s): 18-4-132, MCA History: NEW, 1990 MAR p. 1770, Eff. 9/14/90; REP, 2000 MAR p. 65, Eff. 2/1/00.

2.5.120 THE STATE EMPLOYEES' CHARITABLE GIVING CAMPAIGN The State Employees' Charitable Giving Campaign (SECGC) may procure supplies and services costing $25,000 or less using a purchase technique that best meets the campaign's needs. Authorizing statute(s): 18-4-221, MCA Impleme…

2.5.201 DEFINITIONS In this chapter, words and terms shall have the same meaning as defined in Title 18, chapter 4, MCA, and, unless the context clearly requires otherwise or a different meaning is prescribed for a particular rule, the following definitions apply: "Agency" means …

2.5.202 DEPARTMENT OF ADMINISTRATION RESPONSIBILITIES The department is responsible for all procurements of all state supplies and services. All activities, including procedures, manuals, and forms, which govern such procurements will be prepared by or under the supervision of th…

2.5.301 DELEGATION OF PURCHASING AUTHORITY Agencies may exercise authority to purchase noncontrolled items with a total contract value of less than $10,000. Agencies may exercise delegated purchasing authorityof $10,000 or moreand for exigency purchases in accordance with written…

2.5.302 REQUISITIONS FROM THE AGENCIES TO THE DIVISION (REPEALED) (REPEALED) Authorizing statute(s): 18-4-221, MCA Implementing statute(s): 18-4-221, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1985 MAR p. 244, Eff. 3/15/85; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1…

2.5.303 ENFORCING THE CONTRACT (REPEALED) (REPEALED) Authorizing statute(s): 18-4-221, MCA Implementing statute(s): 18-4-221, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 2000 MAR p. 65, Eff. 2/1/00; AMD, 2007 MAR p. 1657, Eff. 10/2…

2.5.304 CONTRACT RENEWAL (REPEALED) (REPEALED) Authorizing statute(s): 18-4-221, MCA Implementing statute(s): 18-4-313, MCA History: NEW, 2007 MAR p. 1657, Eff. 10/26/07; REP, 2024 MAR p. 1451, Eff. 6/22/24.

2.5.305 COMPLETION NOTIFICATION FOR CONTRACTS WITH PERFORMANCE SECURITY (REPEALED) (REPEALED) Authorizing statute(s): 18-4-221, 18-4-312, MCA Implementing statute(s): 18-4-312, MCA History: NEW, 2008 MAR p. 2616, Eff. 12/25/08; REP, 2024 MAR p. 1451, Eff. 6/22/24.

2.5.401 VENDORS LIST The State Financial Services Division maintains an online vendors list for all supply and service commodities. Names and addresses on the vendors list are available for public inspection; however, this list may not be used for private promotional, commercial,…

2.5.402 SUSPENSION OR DEBARMENT FROM CONTRACT ELIGIBILITY The division has the authority to temporarily suspend a vendor from consideration for further contracts with the state if the division has probable cause to believe that the vendor has engaged in activities that could lead…

2.5.403 BIDDING PREFERENCES (REPEALED) Authorizing statute(s): 18-1-114, 18-4-221, MCA Implementing statute(s): 18-4-221, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1987 MAR p. 1961, Eff. 10/30/87; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1994 MAR p. 2814, Eff. 10/2…

2.5.404 BID AND PROPOSAL PREPARATION Any exceptions to the specifications on the part of the bidder or offeror must be clearly identified and communicated to the procurement officer consistent with the instructions listed within the solicitation. Exceptions may be rejected. Each …

2.5.405 BLIND VENDORS' BIDDING PREFERENCE A blind person wishing to claim the vending facility preference provided in 18-5-502, MCA, must complete the determination form provided by the State Procurement Bureau. The form must be completed by an ophthalmologist, physician skilled …

2.5.406 BIDDER, OFFEROR, OR CONTRACTOR PROTEST All protests must be in writing and state in detail all of the protestor's objections and allegations of violations of the Montana Procurement Act. The complete protest must be submitted to theState FinancialServices Division, P.O. B…

2.5.407 DETERMINATION OF RESPONSIVENESS/STANDARDS OF RESPONSIBILITY The procurement officer will make the final determination of responsiveness for both bids and offers. A determination of responsiveness may be made at any time during the procurement process. If a determination o…

2.5.408 RECIPROCAL PREFERENCE Section 18-1-102, MCA, requires a state agency to apply a reciprocal preference to the bid of a nonresident bidder equal to the percent of the preference given to the bidder in the state or country in which the bidder is a resident. A reciprocal pref…

2.5.501 SPECIFICATIONS Specifications shall clearly describe the state's requirements and allow for the procurement of a supply or service that is adequate, suitable, and cost-effective for the state. Specifications may take into account, to the extent practicable, the costs of o…

2.5.502 BID, PROPOSAL, AND CONTRACT PERFORMANCE SECURITY (REPEALED) (REPEALED) Authorizing statute(s): 18-4-221, 18-4-312, MCA Implementing statute(s): 18-1-201, 18-4-312, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1986 MAR p. 242, Eff. 2/28/86; AMD, 1987 MAR p. 1961…

2.5.503 PUBLIC NOTICE Invitation for bids and request for proposals shall be mailed, posted electronically, or otherwise furnished to a sufficient number of bidders or offerors required to secure competition. In the interest of economy, notices of availability of invitations for …

2.5.504 COST PRINCIPLES (REPEALED) Authorizing statute(s): 18-4-225, MCA Implementing statute(s): 18-4-225, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; REP, 1997 MAR p. 1816, Eff. 10/7/97.

2.5.505 MISTAKES AND MINOR VARIATIONS IN BIDS AND OFFERS The procurement officer may allow a bidder or offeror to correct minor mistakes in a bid or offer if the mistake is clearly not attributed to an error in judgment, and the mistake and the intended correct bid or offer is cl…

2.5.506 ANTICOMPETITIVE PRACTICES (REPEALED) Authorizing statute(s): 18-4-221, MCA Implementing statute(s): 18-4-314, MCA History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; REP, 1990 MAR p. 1770, Eff. 9/14/90.

2.5.507 PREQUALIFICATION OF VENDORS Vendors may be prequalified for particular types of supplies and services under the following conditions: a need exists to limit a solicitation to those vendors who meet statutory or licensing requirements applicable to the solicitation; or a n…

2.5.508 REQUESTS FOR INFORMATION A request for information, as defined in ARM 2.5.201, may be used by an agency only to obtain preliminary information about a market or the type of available supply or service, where there is not enough information readily available to write an ad…

2.5.509 LATE BIDS OR PROPOSALS Regardless of cause, late bids and proposals will not be accepted and will automatically be disqualified from further consideration. It shall be solely the vendor's risk to assure delivery at the specified office by the specified time. Late bids and…

2.5.510 INTENT TO AWARD For all invitations to bid and requests for proposals, the division or state agency shall electronically post an intent to award prior to awarding a contract. The intent to award shall be posted publicly for no less than seven days to allow for public revi…

2.5.601 COMPETITIVE SEALED BIDS AND GENERAL PROVISIONS PERTAINING TO BOTH COMPETITIVE SEALED BIDS AND PROPOSALS "Sealed bid" is the preferred method of competitive procurement for state supply contracts and service contracts estimated to exceed the amount designated in ARM 2.5.60…

2.5.602 COMPETITIVE SEALED PROPOSALS "Competitive sealed proposal" is a procurement option allowing the award to be based upon an evaluation process using stated criteria to arrive at a contract that will be the most advantageous to the state. Competitive sealed proposals shall b…

2.5.603 SMALL PURCHASES OR LIMITED SOLICITATIONS OF SUPPLIES AND SERVICES The division or state agency may procure supplies or services when the total contract value will be less than$10,000 using a purchase technique that best meets the agency's needs, including the use of elect…

2.5.604 SOLE SOURCE PROCUREMENT This rule applies to all sole source procurements of $10,000 ormore unless exigency procurements described in ARM 2.5.605 are necessary. Sole source procurement is permissible under the following circumstances: the compatibility of current services…

2.5.605 EXIGENCY PROCUREMENTS An exigency procurement of $10,000 ormore shall be limited to those supplies or services necessary to meet the exigency, as defined in ARM 2.5.201. An exigency does not exist when: an agency failed to procure supplies or services before the time they…

2.5.606 PROCUREMENT OF USED EQUIPMENT Purchase of used equipment is allowable if in the best interest of the state. Unless justified as sole source or exigency, the award of the contract will be made by identifying the requirements and proceeding with the competitive bidding or p…

2.5.607 PROCUREMENT FROM SHELTERED WORKSHOPS OR WORK ACTIVITY CENTERS State agencies may purchase supplies and services from sheltered workshops as defined in 18-5-101, MCA. Such purchases are exempt from competitive bidding laws and rules and may be made directly. The division m…