In these rules, words and terms shall 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) "Central Stores" means the proprietary program operated by the division's Property and Supply Bureau which develops standard specifications, procures, warehouses, and delivers certain supplies for state agencies.

(8) "Controlled items" means those supplies and services identified by the division as commonly used items which, when consolidated for purchasing purposes, result in volume adequate to obtain discounted prices.

(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 General 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.

(18) "Hardware maintenance" means repairs, upgrades, or installation of hardware required for the hardware to continue to operate as necessary or to perform enhanced functions.

(19) "Highest scoring offeror" means the responsive and responsible offeror having the highest score at the completion of the procurement process for a request for proposals.

(20) "Lease-purchase agreement" means a lease contract containing a purchase option in which the lessee's periodic payments or parts thereof may be applied to serve both as the rental obligation and as installments for acquiring ownership of the property upon lessee exercising the purchasing option; a conditional sales contract.

(21) "Nonexclusive contract" means that state agencies are not required to purchase this supply or service from the contract holder(s) and may obtain the necessary supply or service from a different source following the requirements of Title 18, MCA, and their agency procurement delegation agreement.

(22) "Offer" means proposal. "Offeror" means a person submitting a proposal when a procurement is made by a request for proposal process.

(23) "Procurement" means acquisition with or without cost, buying, purchasing, renting, leasing, or otherwise acquiring any supplies or services. It includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. It does not include the acquiring of supplies or services by gift.

(24) "Property and Supply Bureau" means the bureau of the division which is responsible for the Central Stores Program and for operating the state and federal surplus programs for eligible donees.

(25) "Print and Mail Services" means that bureau of the division responsible for supervising and attending to all public printing of the state and handling and processing of state mail for the capitol complex.

(26) "Purchase order" means a document used to formalize a purchase contract with a vendor.

(27) "Request for information" means a document used to informally solicit information about a market or type of available supply or service where there is not enough information readily available to write an adequate specification or work statement.

(28) "Requisition" means the document used to request that a contract be entered into for a specific need, and may include, but is not limited to, the description of the requested item, delivery schedule, transportation data, criteria for evaluation, suggested sources of supply, and information supplied for the making of any written determination required by Title 18, chapter 4, MCA, or these rules.

(29) "Requisition time schedule" means a schedule issued by the State Procurement Bureau each year which designates the dates by which certain categories of controlled items must be requested from the bureau.

(30) "Resident bidder" means a bidder that meets the requirements of 18-1-103, MCA.

(31) "Responsible bidder or offeror" means a person who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will ensure good faith performance.

(32) "Responsive bidder or offeror" means a person who has submitted a bid or offer that conforms in all material respects to the invitation for bids or request for proposals.

(33) "Restrictive specification" means specifications that unnecessarily limit competition by eliminating supplies and services that would be capable of satisfactorily meeting actual needs.

(34) "Software maintenance" means enhancements, fixes, support, or upgrades that will allow the software to continue to function as originally specified, or to perform enhanced functions within the original scope of the system.

(35) "Solicitation" means an invitation for bid, a request for proposal, or any other document issued by the state for the purpose of soliciting bids or proposals to enter into a state contract.

(36) "Specifications" mean a detailed description of what the purchaser requires and what a bidder or offeror must offer to be considered for an award.

(37) "State Procurement Bureau" means the bureau of the division responsible for procuring or supervising the procurement of all supplies and services needed by the state, excluding those services procured by the Property and Supply Bureau and Print and Mail Services Bureau.

(38) "Surplus supplies" are supplies no longer needed by an agency for its use in the discharge of its duties and responsibilities, excluding books.

(39) "Suspension" means an action taken by the division that temporarily prohibits a vendor from proposing, bidding on, or receiving state contracts.

(40) "Total contract value" means the entire potential monetary worth of the project from beginning to completion, including the initial contract period and any options to renew.

(41) "Unit price" means the price of a selected unit of a supply or services; e.g., price per ton, foot, box.

(42) "Vendor" means a seller of supplies or services.

(43) "Vendors list" means a list maintained by the division listing the names and addresses of suppliers of various supplies and services from whom bids or proposals can be solicited.