Title 18, Title 18

All using agencies shall cooperate with the department in the preparation of statistical data concerning the procurement, usage, and disposition of all supplies and services, and the department may employ trained personnel as necessary to carry out this function. All using agenci…

(1) Procurement information is a public record and must be available to the public as provided in 2-6-1003, 18-4-303, and 18-4-304. (2) All procurement records must be retained, managed, and disposed of in accordance with the provisions of Title 2, chapter 6, parts 10 and 11. (3)…

(1) Food products produced in the state may be procured either by standard procedures or by direct purchase. Montana-produced food products may be procured by direct purchase when: (a) the quality of available Montana-produced food products is substantially equivalent to the qual…

(1) By March 1, June 1, September 1, and December 1 of each year, the department shall provide a written report to the legislative finance committee in accordance with 5-11-210 containing the information listed in subsection (2) related to procurement solicitations and contracts.…

(1) This chapter applies to: (a) the expenditure of public funds irrespective of their source, including federal assistance money, by this state acting through a governmental body under any contract, except a contract exempted from this chapter by this section or by another statu…

(1) When immediate delivery of articles or performance of service is required by the public exigencies, the articles or service required may be procured by open purchase or contract at the place and in the manner in which the articles are usually bought and sold or the services e…

(1) A contract or order or any interest in a contract or order may not be transferred, assigned, or subcontracted by the party to whom the contract or order is given to any other party without the express written approval of the state, and the state may declare void any unapprove…

(1) Except as otherwise provided in this chapter, the department shall adopt rules, consistent with this chapter, governing the procurement and disposal of any and all supplies and services to be procured by the state. The department shall consider and decide matters of policy wi…

Subject to the rules of the department, the director may delegate procurement authority to designees or to any state department, agency, or official.

(1) Rules shall be adopted by the department in accordance with the applicable provisions of Title 2, chapter 4. (2) The department may not delegate its power to adopt rules. (3) No rule may change a commitment, right, or obligation of the state or of a contractor under a contrac…

(1) The department may, in its discretion, permit or require the inclusion of clauses providing for adjustments in prices, time of performance, or other appropriate contract provisions relating to the following subjects: (a) the unilateral right of the state to order in writing: …

(1) As used in this section, the following definitions apply: (a) "Supplies" means supplies owned by the state. (b) "Surplus supplies" means any supplies having a remaining useful life but that are no longer required by the agency in possession of them. This includes obsolete sup…

(1) There is an account in the state special revenue fund established by 17-2-102 known as the procurement and term contract rebate account. (2) All rebates credited to the department from using state procurement cards and term contracts must be deposited in the account. (3) The …

As used in 18-4-231 through 18-4-234, "specification" means any description of the physical or functional characteristics or of the nature of a supply or service. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for deliver…

(1) The department shall adopt rules governing the preparation, maintenance, and content of specifications for supplies and services required by the state. (2) The department shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies and services r…

The director may obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications.

All specifications shall promote overall economy for the purposes intended and encourage competition in satisfying the state's needs and may not be unduly restrictive.

(1) The department may remove a vendor for cause from consideration for award of contracts by the state. (2) The department may temporarily suspend a vendor from consideration for award of contracts if there is probable cause to believe that the vendor has engaged in activities t…

(1) This section establishes the exclusive remedies for a solicitation or award of a contract determined to be in violation of the law. (2) Except for small purchases or limited solicitations made pursuant to 18-4-305, a bidder, offeror, or contractor aggrieved in connection with…

As used in this part, the following definitions apply: (1) "Alternative procurement method" means a method of procuring supplies or services in a manner not specifically described in this chapter, but instead authorized by the department under 18-4-302. (2) "American-made" means …

(1) Unless otherwise authorized by law, all state contracts for supplies and services must be awarded by a source selection method provided for in this title. Supplies or services offered for sale, lease, or rental by public utilities are exempt from this requirement if the price…

(1) An invitation for bids must be issued and must include a purchase description and conditions applicable to the procurement. (2) Adequate public notice of the invitation for bids must be given a reasonable time before the date set forth in the invitation for the submission of …

(1) The department may procure supplies and services through competitive sealed proposals. (2) Proposals must be solicited through a request for proposals. (3) Adequate public notice of the request for proposals must be given in the same manner as provided in 18-4-303(2). (4) Pro…

Any procurement not exceeding the amount established by rule may be made in accordance with small purchase or limited solicitation procedures established by the department. Procurement requirements may not be artificially divided so as to constitute a small purchase or limited so…

(1) A contract may be awarded for a supply or service item without competition when, under rules adopted by the department, the director, the head of a purchasing agency, or a designee of either officer above the level of the procurement officer determines in writing that: (a) th…

(1) An invitation for bids, a request for proposals, or other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part, as may be specified in the solicitation, when it is in the best interests of the state. The reasons must be made part of…

A written determination of nonresponsibility of a bidder or offeror must be made in accordance with rules adopted by the department. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be …

Prospective suppliers may be prequalified in accordance with department rules for particular types of supplies and services.

Any type of contract that will promote the best interests of the state may be used.

(1) For state contracts for the procurement of services or of supplies, the department may in its discretion require: (a) bid security; (b) contract performance security to guarantee the faithful performance of the contract and the payment of all laborers, suppliers, mechanics, a…

(Temporary) Contracts -- terms, extensions, and time limits. (1) Except as provided in subsection (2) or unless otherwise provided by law, a contract, lease, or rental agreement for supplies or services may not be made for a period of more than 7 years. A contract, lease, or rent…

If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general by the department.

As used in this part, the following definitions apply: (1) "Cooperative purchasing" means procurement conducted by or on behalf of more than one public procurement unit. (2) "Local public procurement unit" means a county, city, town, or other subdivision of the state or a public …

The department may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units in accordance with an agreement entered into between the participants independent of the…

The department may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of part 3.

The department may enter into an agreement, independent of the requirements of part 3, with any other public procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties.

The department may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit under the terms agreed upon between the parties.

(1) Upon request, the department may make available to public procurement units certain services, including but not limited to the following: (a) standard forms; (b) printed manuals; (c) product specifications and standards; (d) quality assurance testing services and methods; (e)…

To the extent possible, the department may collect information concerning the type, cost, quality, and quantity of commonly used supplies or services being procured or used by state public procurement units. The department may make available all such information to any public pro…