Revised September 10, 2020
Title 18: Public Contracts
Chapter 1: Public Contracts Generally
Part 1: Preferences and General Matters
Section 18-1-102: State contracts to lowest bidder – reciprocity
(1) In order to provide for an orderly administration of the business of the state of Montana in awarding public contracts for the purchase of goods and for construction, repair, and public works of all kinds, a public agency shall, except as provided in Title 18, chapter 2, part 5, award:
(2) The preferences in this section apply:
Title 18: Public Contracts
Chapter 4: Montana Procurement Act
Part 3: Procurement Procedure
Section 18-4-303: Competitive sealed bidding
(8) If an award is made, it must be made with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, including the preferences established by Title 18, chapter 1, part 1. If all bids exceed available funds as certified by the appropriate fiscal officer and the lowest responsible and responsive bid does not exceed the funds by more than 5%, the director or the head of a purchasing agency may, in situations in which time or economic considerations preclude re-solicitation of a reduced scope, negotiate an adjustment of the bid price, including changes in the bid requirements, with the lowest responsible and responsive bidder in order to bring the bid within the amount of available funds.
(10) In case of a tie bid, preference must be given to the bidder, if any, offering American-made products or supplies.