The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Best Value Procurement best-value-procurement rosp_category State authority to conduct best value procurement (BVP) raw Montana Procurement Manual 7.7.1. p. 7-11

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

https://spb.mt.gov/_docs/A-PROCUREMENT-FORMS-GUIDE/SPBM-A-Chapters-1-13.pdf Public Link: Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw MT ST 18-4-242

(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.

https://leg.mt.gov/bills/mca/title_0180/chapter_0040/part_0020/section_0420/0180-0040-0020-0420.html Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw MT ST 18-4-301

(10) “Responsive” means conforms in all material respects to the invitation for bids or request for proposals.

https://leg.mt.gov/bills/mca/title_0180/chapter_0040/part_0030/section_0010/0180-0040-0030-0010.html Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw MT ST 18-4-301

(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.

https://leg.mt.gov/bills/mca/title_0180/chapter_0040/part_0030/section_0010/0180-0040-0030-0010.html Public Link: Yes Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw Montana Procurement Manual 9.6.1

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. ; 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. 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.

https://spb.mt.gov/_docs/A-PROCUREMENT-FORMS-GUIDE/SPBM_A_Chapters_8_22_Update.pdf Public Link 1: 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. Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw MT ST 18-4-132

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.

https://leg.mt.gov/bills/mca/title_0180/chapter_0040/part_0020/sections_index.html Public Link: Central Procurement Office Procurement Website procurement-website rosp_category Official state procurement website for public raw https://spb.mt.gov/ Public Link: Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw Montana Procurement Manual 7.2.4

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

https://spb.mt.gov/_docs/A-PROCUREMENT-FORMS-GUIDE/SPBM_A_Chapters_8_22_Update.pdf Public Link 1: Determined by the circumstances of each individual procurement project; typically 30 days. State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://spb.mt.gov/Procurement-Guide Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://leg.mt.gov/statute/ Resource Public Link 1: Resource 1: Title 18. Public Contracts http://www.mtrules.org/ Resource Public Link 2: Resource 2: Title 2. Department of AdministrationChapter 5. State Procurement State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://dataportal.mt.gov/t/DOASFSD/views/StatewideContracts/StatewideContracts State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://spb.mt.gov/Vendor-Resources/Vendor-Registration-Portal Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw MT ST 18-4-313 State Central Procurement Office