Rule 2.5.601 - COMPETITIVE SEALED BIDS AND GENERAL PROVISIONS PERTAINING TO BOTH COMPETITIVE SEALED BIDS AND PROPOSALS(1) "Sealed bid" is the preferred method of competitive procurement for state supply contracts and service contracts estimated to exceed the amount designated in ARM 2.5.603 as a small purchase or a limited solicitation. Sealed bids shall be solicited with an invitation for bid.(2) The solicitation shall include the following:(a) instructions and information to bidders or offerors concerning the bid or proposal submission requirements, including the time and date established for submission, the method by which bids or offers are to be delivered, and any other special information;(b) the purchase description, delivery or performance schedule, and any inspection and acceptance requirements not included in the purchase description; and (c) the contract terms and conditions, including warranty and bonding or other security requirements, as applicable.(3) The invitation for bid or request for proposals may incorporate documents by reference if it specifies where such documents can be obtained.(4) Where a brand name specification is used in a solicitation, the solicitation shall explain that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired, and is not intended to limit or restrict competition. When bidding or proposing an "or equal" product, the burden of persuasion is on the bidder or offeror to convince the procurement officer that their product is, in fact, equal to the one specified. The procurement officer is given the responsibility and judgment for making a final determination of whether a proposed substitution is equal to the brand name specified.(5) If the division or agency decides to amend an invitation for bids or request for proposals, the amendments will be provided to all vendors who received the solicitation, or notice of the solicitation amendment will be provided in the format designated in the solicitation for giving public notice.(6) For all invitations for bid and requests for proposals, the division or state agency shall post an intent to award as described in ARM 2.5.510.(7) Bids or proposals shall be submitted on or before the time and in the manner designated in the solicitation.(8) The division may ask state agencies to perform tests or provide technical expertise to determine product or service acceptability.(9) Following determination of product acceptability, bids will be reviewed to determine which bidder offers the lowest cost to the state in accordance with the specifications set forth in the invitation for bids, including the reciprocal preference provisions described in ARM 2.5.408.(10) Nothing in this rule shall be deemed to permit contract award to a bidder submitting a higher quality item than that designated in the invitation for bid if such bidder is not also the lowest bidder as determined under (9).(11) Multiple award contracts are allowable if determined to be in the best interest of the state.(12) In the case of a tie bid, the discretion of the division or the head of a purchasing agency will be used to resolve such bids, except that a bidder offering American-made products or supplies must be given preference.(13) A supplier's currently advertised or established catalog price, which is available to the public, may be accepted as a bid subject to the following conditions: (a) The advertisement or established catalog price must be received and time-stamped by the procurement officer authorized to enter into contracts prior to or at the bid opening. In no event will catalog or advertised prices be accepted after a bid opening. (i) a copy of the catalog or advertised price and specifications may be attached to the requisition received by the procurement official; or(ii) the procurement official or the requesting agency may locate catalog or advertised prices; or(iii) a vendor may submit catalog or advertised prices as a bid.(b) The catalog or advertised price must meet or exceed the specifications, terms, and conditions and be the lowest acceptable bid.(14) The currently advertised or established catalog price is tabulated and recorded as a bid from the supplier for the inspection of all bidders.(15) Only the procurement official of the division or purchasing agency can make the final determination of acceptance or rejection of the bids or publicly advertised or established catalog prices.(16) The state may create a roster of contractors to provide supplies or services on an "as needed, if needed" basis. In this situation, contractors have no guarantee that any supplies or services will be purchased by the state. The solicitation document will establish the method to be used to select contractors for the roster.NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1986 MAR p. 242, Eff. 2/28/86; AMD, 1987 MAR p. 1961, Eff. 10/30/87; AMD, 1987 MAR p. 2144, Eff. 11/28/87; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1994 MAR p. 383, Eff. 2/25/94; AMD, 1995 MAR p. 1788, Eff. 9/15/95; AMD, 1997 MAR p. 1816, Eff. 10/7/97; AMD, 2000 MAR p. 65, Eff. 2/1/00; AMD, 2001 MAR p. 2009, Eff. 10/12/01; AMD, 2006 MAR p. 79, Eff. 10/7/05; AMD, 2007 MAR p. 1657, Eff. 10/26/07; AMD, 2014 MAR p. 1077, Eff. 5/23/14; AMD, 2024 MAR p. 1451, Eff. 6/22/2024AUTH: 18-4-221, MCA; IMP: 18-4-303, 18-4-304, MCA