Montana
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
1.5% collected quarterly
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
Montana Procurement Manual 7.7.1. p. 25
Citation Language:
Objective. The primary objectives for every acquisition are to conduct fair and impartial solicitation- and evaluation processes, and to obtain the best value for the State. One aspect of ensuring fairness in the evaluation process is by notifying Vendors of the basis for contract award. For example, will award be based on price only, or will it involve a cost/price-technical trade-off? Another critical aspect of a solicitation is ensuring the evaluation criteria are clear, concise, fair, logical, and relate directly to the requirement
Westlaw Flags:
No Flag
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
MT ST 18-4-242
Citation Language:
(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 the solicitation or award of a contract may protest to the department. The protest must be submitted to the department in writing no later than 14 days after execution of the contract. (3) If the protest is not resolved by mutual agreement, the department shall issue in writing a decision on the protest within 30 days after receipt of the protest. The decision must: (a) state the reason for the action taken by the department with regard to the contract; and (b) inform the aggrieved party of the party's right to request, within 14 days after the date of the department's written decision, a contested case hearing pursuant to the Montana Administrative Procedure Act. (4) In a protest or contested case proceeding, the department may, in an appropriate case, order a remedy provided in subsection (5) or (6). (5) If before an award it is determined that a solicitation or proposed award of a contract is in violation of law, the solicitation or proposed award may be: (a) canceled; or (b) revised to comply with the law. (6)(a) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has not acted fraudulently or in bad faith, the contract may be: (i) ratified and affirmed, provided it is determined that doing so is in the best interests of the state; or (ii) terminated, and the person awarded the contract must be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, before the termination. (b) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has acted fraudulently or in bad faith, the contract may be: (i) declared void; or (ii) ratified and affirmed if that action is in the best interests of the state, without prejudice to the state's rights to appropriate damages. (7) The exclusive method of judicial review of a solicitation or award by the department pursuant to this chapter is by a petition for judicial review pursuant to 2-4-702. In a proceeding pursuant to that section, the court may, in an appropriate case, order a remedy provided by subsection (5) or (6) of this section. Except as provided in subsections (6)(a)(ii) and (6)(b)(ii), there is no right under any legal theory to recover a form of damages or expenses for a solicitation or award of a contract in violation of law. Any other claim, cause of action, or request for relief for solicitations or awards allegedly made in violation of law may not be heard or granted by a district court other than as provided in this section. (8) The state is not required to delay, halt, or modify the procurement process pending the result of a protest, contested case proceeding, or judicial review. (9) The department may adopt rules governing the protest of solicitations or awards.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
MT ST 18-4-301
Citation Language:
(10) “Responsive” means conforms in all material respects to the invitation for bids or request for proposals.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MT ST 18-4-301
Citation Language:
(9) "Responsible" means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance.
Name:
Commodity Code
Commodity Code:
Other/Custom
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$100,000
Citation:
ARM 2.5.603
Citation Language:
(3) The division or state agency, if authorized in a written delegation agreement, may procure supplies or services with a total contract value of $10,000 or more and less than $100,000, using a limited solicitation procedure.
Small Purchases/Informal Purchasing:
$10,000; $100,000
Citation 2:
MT ADC 2.5.603
Public Link 2:
Citation Language 2:
(1) 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 electronic online auctions. (2) The payment method used for small purchases should be the state's purchasing card, except for interagency purchases. (3) The division or state agency, if authorized in a written delegation agreement, may procure supplies or services with a total contract value of $10,000 or more and less than $100,000, using a limited solicitation procedure. This procedure requires a minimum of three viable written or oral quotations, if available. The limited solicitation procedure must be documented and, wherever practical, use the department's vendor list.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
eProcurement:
eProcurement
Platform:
Jaggaer
System Type:
eProcurement
Public Link:
System Name:
eMACS
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Recommended 3-5 members; Program staff member as chair, Contracts Manager may also serve. Members do not have to be state employees. Members must be SMEs and stakeholders in the category or project.
Citation:
Montana Procurement Manual 9.6.1
Citation Language:
9.6.1 Evaluation Committee. Evaluation committees are composed of subject-matter experts and stakeholders. Committee members generally have diverse, relevant disciplinary expertise and knowledge of the product or service being procured. Because service on an evaluation committee involves a significant time commitment, care is taken to ensure each scoring member is able to attend all meetings, oral presentations, and site visits. ; 9.6.1.1 Selection. Evaluation committee member selection generally occurs before receipt of responses, with members often having been involved in the procurement planning activities. A program staff member is usually the designated Committee chair, serving as a non-scoring member of the Evaluation Committee. Depending on the procurement, the Contracts Manager may participate as either a scoring or non-scoring member. When an agency uses individuals who are not employees, Legal Counsel is consulted to ensure appropriate procedures are implemented to protect the interests of the State. 9.6.1.2 Size. The recommended size of an evaluation committee is three- to five scoring members. To avoid potential individual bias, committees do not have fewer than three scoring members. There is no restriction on how many individuals may comprise on an evaluation committee; however, good judgment dictates that the number of individuals on the committee be limited to the minimum required to accomplish its purpose.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
MT ST 18-4-221
Citation Language:
18-4-221. General procurement authority and duties of department -- rules. (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 within the provisions of this chapter. The department may audit and monitor the implementation of its rules and the requirements of this chapter. (2) Except as otherwise specifically provided by law, the department shall, in accordance with its rules: (a) procure or supervise the procurement of all supplies and services needed by the state; and (b) sell, trade, or otherwise dispose of surplus supplies belonging to the state. (3) Nothing contained herein shall preclude the state from doing its own printing on its own printing facilities.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Citation:
MONT. CODE ANN. §18-4-402 & ARM 2.5.610
Public Link:
Citation Language:
MONT. CODE ANN. §18-4-402. Cooperative purchasing authorized. 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 requirements of part 3. Cooperative purchasing may include purchasing through federal supply schedules of the United States general services administration, joint or multiparty contracts between public procurement units, open-ended state public procurement unit contracts that are made available to local public procurement units, and competitive contracts established by for-profit, not-for-profit, or nonprofit cooperative entities. ARM 2.5.610 COOPERATIVE PURCHASING (2) For the purposes of complying with 18-4-221, MCA, the following definitions apply: (a) “public authority” means an entity of a political subdivision of the state that is authorized to spend or receive public funds to further public interests; (b) “educational institution” means any school system operating within the state that expends public funds for the procurement of supplies and services; (c) “health institution” means an entity of a political subdivision of the state organized for the purpose of providing health care and related services and that expends public funds for the procurement of supplies and services; (d) “other institution” means an entity of a political subdivision of the state that operates for a particular public purpose and that expends public funds for the procurement of supplies and services; and (e) “any other entity that expends public funds for the procurement of supplies and services” means an Internal Revenue Code 501(c)(3) organization, as that statute reads on May 23, 2014, that expends public funds for the procurement of supplies and services. (3) Nonprofit corporations that wish to enter into an agreement with the state for the cooperative use of supplies or services shall provide the division with documentation that they are or will be lawfully authorized to spend public funds. (4) An agency may participate in a cooperative contract if the following conditions are met: (a) the division provided adequate public notice of the solicitation; and (b) the contract or purchase order includes all statutorily required terms and conditions. (5) If an agency wishes to participate in a cooperative contract, and (4)(a) has not been met, the division shall provide adequate opportunity for public participation by either: (a) issuing a solicitation for the supply or service and including the cooperative contract as a response; or (b) providing notice of the intent to purchase from the cooperative contract and allowing interested vendors a reasonable time to submit a response to the notice. (6) The division may exempt an agency from the requirements of (4)(a) and (5) if it is shown to be in the best interests of the state.
Authorization:
Yes
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Overarching Agency
Reports To:
Other
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
Determined by the circumstances of each individual procurement project; typically 30 days.
Citation:
Montana Procurement Manual 7.2.4
Citation Language:
7.2.4 Public Announcement Period. Agencies determine solicitation posting- and response times on a case-by-case basis. However, to allow for a Q&A period and the response time needed by Vendors, 30+-day solicitation periods are standard. Particularly complex or unusual requirements often result in questions from the industry and multiple/lengthy Q&A rounds,in which case, longer overall solicitation periods result
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
No Authorization
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Public Link:
Notes:
Does not have a date
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://spb.mt.gov/Vendor-Resources/Vendor-Registration-Portal
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
MT ST 18-4-313
Public Link:
https://leg.mt.gov/bills/mca/title_0180/chapter_0040/part_0030/section_0130/0180-0040-0030-0130.html
Citation Language:
(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 rental agreement may be extended or renewed if the terms of the extension or renewal, if any, are included in the solicitation, if funds are available for the first fiscal period at the time of the agreement, and if the total contract period, including any extension or renewal, does not exceed 7 years. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for the fiscal periods. (2) The contract term limit specified in subsection (1) does not apply to: (a) a contract for hardware, software, or other information technology resources, which may be made for a period not to exceed 10 years; (b) a department of revenue liquor store contract governed by the term specified in 16-2-101; (c) a department of corrections contract governed by the term specified in 53-1-203, 53-30-505, or 53-30-608; (d) the department of administration state employee group benefit plans contracts governed by the term specified in 2-18-811, including group benefit plan contracts made in partnership with the Montana university system group benefit plan; and (e) a contract for concessions or visitor services for a state park, state recreational area, state monument, or state historic site established under Title 23, chapter 1, part 1, that, with the consent of the state parks and recreation board, may be made for a period of not more than 20 years if a capital improvement is made, subject to subsection (5). (3) Prior to the issuance, extension, or renewal of a contract, it must be determined that: (a) estimated requirements cover the period of the contract and are reasonably firm and continuing; and (b) the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement. (4) If funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract must be canceled. (5) A contract under subsection (2)(e) must require the concessionaire to provide a business plan offering a reasonable estimation that the cost of any capital improvement by the concessionaire will be repaid within the life of the contract or that where a proprietary interest is held, the concessionaire's interest in any capital improvement may be sold at appraised value to a subsequent concessionaire when the contract concludes.
