ADMINISTRATION: STATE PROCUREMENT: COOPERATIVE PURCHASING


Published: 2014-05-23

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2.5.610    COOPERATIVE PURCHASING

(1) The department or using agency may use federal supply schedules as one source of a bid, provided the federal supply schedule supplier has agreed to extend the pricing to the department or using agency. The federal supply schedule item must meet or exceed the specifications, terms, and conditions of the invitation for bid and must be the lowest acceptable bid in order to be selected. The pertinent supply schedule must be recorded as a bid from the supplier for the inspection of all bidders.

(2) For the purposes of complying with 18-4-221, MCA, the following definitions apply:

(a) "public authority" means an entity of a political subdivision of the state that is authorized to spend or receive public funds to further public interests;

(b) "educational institution" means any school system operating within the state that expends public funds for the procurement of supplies and services;

(c) "health institution" means an entity of a political subdivision of the state organized for the purpose of providing health care and related services and that expends public funds for the procurement of supplies and services;

(d) "other institution" means an entity of a political subdivision of the state that operates for a particular public purpose and that expends public funds for the procurement of supplies and services; and

(e) "any other entity that expends public funds for the procurement of supplies and services" means an Internal Revenue Code 501(c)(3) organization, as that statute reads on May 23, 2014, that expends public funds for the procurement of supplies and services.

(3) Nonprofit corporations that wish to enter into an agreement with the state for the cooperative use of supplies or services shall provide the division with documentation that they are or will be lawfully authorized to spend public funds.

(4) An agency may participate in a cooperative contract if the following conditions are met:

(a) the division provided adequate public notice of the solicitation; and

(b) the contract or purchase order includes all statutorily required terms and conditions.

(5) If an agency wishes to participate in a cooperative contract, and (4)(a) has not been met, the division shall provide adequate opportunity for public participation by either:

(a) issuing a solicitation for the supply or service and including the cooperative contract as a response; or

(b) providing notice of the intent to purchase from the cooperative contract and allowing interested vendors a reasonable time to submit a response to the notice.

(6) The division may exempt an agency from the requirements of (4)(a) and (5) if it is shown to be in the best interests of the state.

History: 18-4-221, MCA; IMP, 18-4-401, 18-4-402, MCA; NEW, 2005 MAR p. 2446, Eff. 10/7/05; AMD, 2014 MAR p. 1077, Eff. 5/23/14.