Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.5 - STATE PROCUREMENT › Subchapter 2.5.2 - Regulation of Procurement Activities › Rule 2.5.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this chapter, words and terms have the same meaning as
				  defined in Title 18, chapter 4, MCA, and, unless the context clearly requires
				  otherwise or a different meaning is prescribed for a particular rule, the
				  following definitions apply:
(1)
				"Agency" means an agency, bureau, commission, committee, council, department,
				governmental corporation, institution, legislative body, or other entity,
				instrumentality, or official of the executive, legislative, or judicial branch
				of state government, including the Board of Regents and the Montana University
				System.
(2) "Advantageous" means a
				judgmental assessment of what is in the state's best interest.
(3) "Alternate bid" means a bid submitted in
				knowing variance from the specifications, terms, conditions, or provisions of
				the solicitation. Such a bid is acceptable only when the variance is deemed
				immaterial.
(4) "Alternate
				procurement method" means a method of procuring supplies or services in a
				manner not specifically described in law, but instead authorized by the
				department under
				18-4-302, MCA, following the
				requirements of
				18-4-122, MCA.
(5) "Bid" means the executed document in
				response to an invitation for bid. "Bidder" means a person submitting a bid.
(6) "Brand name specification"
				means a specification that cites a brand name, model number, or some other
				designation that identifies a specific product as an example of the desired
				characteristics and/or quality of merchandise.
(7) "Commodity code" means a number
				designated to include a specific type of supply or service. The commodity codes
				provide a means for vendors registered with State Procurement Bureau to easily
				define the supplies and/or services they offer and for agencies to target
				specific vendors when issuing solicitations.
(8) "Controlled items" means those supplies
				and services an agency must purchase through the division, unless exempted via
				an agency delegation agreement. These include items from the "requisition time
				schedule," supplies and services available through exclusive term contracts,
				printing, and new vehicles.
(9)
				"Days" mean calendar days. In computing any period of time prescribed or
				allowed by these rules, the day of the event after which the designated period
				of time begins to run is not to be included, but the last day of the period so
				computed is to be included, unless it is a Saturday, Sunday, or a legal
				holiday, in which event the period runs until the end of the next business day.
(10) "Debar" or "debarment" means
				an action taken or decision made by the department, other than temporary
				determinations of nonresponsibility or suspension, that prohibits a vendor from
				proposing, bidding on, or receiving state contracts for a specific period of
				time or until certain conditions have been met.
(11) "Department" means the Department of
				Administration.
(12) "Descriptive
				literature" means information available in the ordinary course of business
				which shows the characteristics, construction, or operations of an item and
				enables the state to consider whether the item meets its needs.
(13) "Director" means the director of the
				Department of Administration.
(14)
				"Division" means the State Financial Services Division of the Department of
				Administration.
(15) "Exclusive
				contract" means that state agencies must obtain the specified supply or service
				from the contract holder(s), unless the contract allows otherwise.
(16) "Exigency" means a purchase made without
				following normal purchasing procedures due to a sudden and unexpected happening
				or unforeseen occurrence or condition which requires immediate action.
(17) "FOB" or "f.o.b." means free
				on board, a term used in conjunction with an identified physical location to
				determine:
(a) the responsibility and basis
				for payment of freight charges; and
(b) the point at which title for the shipment
				passes from seller to buyer. Deliveries are usually "FOB destination" which
				means a shipment is to be delivered to the destination designated by the
				buyers.