Terms Used In Montana Code > Title 18 > Chapter 4 - Montana Procurement Act

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Alternative procurement method: means a method of procuring supplies or services in a manner not specifically described in this chapter, but instead authorized by the department under 18-4-302. See Montana Code 18-4-301
• American-made: means either a product made exclusively within the United States or a value-added product consisting of a product that contains 50% or more of materials from the United States. See Montana Code 18-4-301
• Annual plan: means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations. See Montana Code 2-12-103
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Bequest: Property gifted by will.
• Cooperative purchasing: means procurement conducted by or on behalf of more than one public procurement unit. See Montana Code 18-4-401
• Department: means each entity listed in 2-15-104(1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction. See Montana Code 2-12-103
• Established catalog price: means the price included in a catalog, price list, schedule, or other form that:

  (a)is regularly maintained by a manufacturer or contractor;

  (b)is either published or otherwise available for inspection by customers; and

  (c)states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved. See Montana Code 18-4-301

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government act: means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity. See Montana Code 2-11-103
• Government entity: means a state agency or a local government unit. See Montana Code 2-11-103
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Invitation for bids: means all documents, whether attached or incorporated by reference, used for soliciting bids. See Montana Code 18-4-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Outcomes: means a quantification of the public benefit for Montanans derived from actions by a department. See Montana Code 2-12-103
• Outputs: means a quantification of the number of services that a department produces for Montanans. See Montana Code 2-12-103
• Performance measure: means a metric or measurement that is designed to help guide government by assessing what a department aspires to achieve pursuant to its annual plan with respect to the outcomes and outputs of its programs. See Montana Code 2-12-103
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Public procurement unit: means a local or state public procurement unit of this or any other state, including an agency of the United States, or a tribal procurement unit. See Montana Code 18-4-401
• Purchase description: means the words used in a solicitation to describe the supplies or services to be purchased and includes specifications attached to or made a part of the solicitation. See Montana Code 18-4-301
• Request for proposals: means all documents, whether attached or incorporated by reference, used for soliciting proposals. See Montana Code 18-4-301
• Responsible: means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance. See Montana Code 18-4-301
• Responsive: means conforms in all material respects to the invitation for bids or request for proposals. See Montana Code 18-4-301
• Rule: has the meaning provided in 2-4-102. See Montana Code 2-11-103
• State public procurement unit: means a state department, agency, or official that expends public funds for the procurement of supplies and services. See Montana Code 18-4-401
• statement: means the statement required by 2-11-104. See Montana Code 2-11-103
• Statute: A law passed by a legislature.
• Tribal procurement unit: means a tribal government, tribal entity, or official of a tribal government located in Montana that expends tribal funds or funds administered by a tribe for the procurement of supplies and services to the extent provided by tribal or federal law. See Montana Code 18-4-401
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206