UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT IF CONTRACT PROPOSALS RECEIVED IN RESPONSE TO A REQUEST FOR PROPOSALS BY THE DEPARTMENT OF ADMINISTRATION ARE IDENTICAL IN OTHER RESPECTS, THE DEPARTMENT MAY AWARD THE CONTRACT ONLY TO AN OFFEROR WHO IS A RESIDENT, IF ANY; PROVIDING THAT IF TWO OR MORE PROPOSALS BY RESIDENT OFFERORS ARE IDENTICAL, THE DEPARTMENT MAY AWARD THE CONTRACT ONLY TO THE RESIDENT OFFEROR BEST SATISFYING THE REQUIREMENT FOR ITEMS OF LOCAL AND DOMESTIC PRODUCTION AND MANUFACTURE; AND AMENDING SECTION 18-4-304, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 18-4-304, MCA, is amended to read:
"18-4-304. Competitive sealed proposals. (1) The department may procure supplies and services through competitive sealed proposals.
(2) Proposals must be solicited through a request for proposals.
(3) Adequate public notice of the request for proposals must be given in the same manner as provided in 18-4-303(2).
(4) Proposals must be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals must be prepared in accordance with rules adopted by the department and must be open for public inspection after contract award. After the contract is executed, proposal documents may be inspected by the public, subject to the limitations of the Uniform Trade Secrets Act, Title 30, chapter 14, part 4.
(5) The
request for
proposals
must state
the
evaluation
factors and
their
relative
importance.
The award
must be
made to the
responsible
and
responsive
offeror
whose
proposal
best meets
the
evaluation
criteria.
Other
Except as
provided in
this section,
other
factors or
criteria may
not be used
in the
evaluation.
The
contract
file must
demonstrate the basis
on which
the award
is made. If
two or
more
proposals
received in
response to
the request
are
identical,
the
department
may award
the contract
only to the
offeror, if
any, who is
a resident,
determined
in
accordance
with
18-1-103
and
18-1-106.
If proposals
made by
two or
more
resident
offerors are
identical,
the
department
may award
the contract
only to the
offeror best
satisfying
the
requirements of
18-1-112.
(6) The department may discuss a proposal with an offeror for the purpose of clarification or revision of the proposal. In conducting discussions, there may not be disclosure of any information derived from proposals submitted by competing offerors."
NEW SECTION. Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
- END -
Latest
Version of
LC 521
(LC0521.01)
Processed for
the Web on
January 14,
1999
(4:15PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill
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