Title 18, Title 18

(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…

As used in this part, the following definitions apply: (1) "Certified sheltered workshop" or "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…

(1) The department shall maintain a current list of facilities located in this state, including a list of products and services provided by each facility, based on information provided by the facilities. A facility requesting to be included on the list shall indicate the products…

State departments, institutions, and agencies may procure listed products and services from a facility. The provisions of this title relating to competitive bidding do not apply to purchases made in accordance with this part.

There is a Montana state agency for federal surplus property that is administered by a department designated by the governor. The director of the department may prescribe the duties of personnel needed to carry out the duties under this part.

(1) The state agency for surplus property is hereby authorized and empowered to: (a) acquire from the United States of America under and in conformance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended, hereinafter referred to as the …

The state agency for surplus property must be self-sustaining and shall pay for its operation and maintenance directly from receipts from surplus property that must be deposited in the treasury in an enterprise fund.

The director of the department may delegate to any employees of the state agency for surplus property the power and authority that the director considers reasonable and proper for the effective administration of this part.

(1) Notwithstanding any provision of law to the contrary, the governing board or, if there is none, the executive head of a state department or agency or of a city, county, school district, or other political subdivision may by order or resolution confer upon an officer or employ…

It is the purpose of this part, in recognition of the vocational and economic needs of blind persons, to make available to those blind persons in need of vocational opportunities space in state, federal, or other property appropriate for certain business operations and to assist …

As used in this part, the following definitions apply: (1) "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 vi…

(1) The department shall certify for the purposes of this part and the federal Randolph-Sheppard Act, as amended, those persons who are blind persons as defined in this part who the department has determined are in need of vocational opportunities and are qualified to operate ven…

(1) The department may make available to a certified blind person a vending facility appropriate for providing that person with a business opportunity determined by the department to be suitable for that person. (2) The department may, through the vocational rehabilitation progra…

A blind vendor is entitled to a fair hearing for any grievance against the department.

(1) The department may manage a health and retirement fund for blind vendors. (2) The department may set aside a reasonable percentage of the net incomes earned by blind vendors from the operation of vending facilities on state and other property administered by the department to…