Objective. The primary objectives for every acquisition are to conduct fair and impartial solicitation- and evaluation processes, and to obtain the best value for the State. One aspect of ensuring fairness in the evaluation process is by notifying Vendors of the basis for contract award. For example, will award be based on price only, or will it involve a cost/price-technical trade-off? Another critical aspect of a solicitation is ensuring the evaluation criteria are clear, concise, fair, logical, and relate directly to the requirement

(1) This section establishes the exclusive remedies for a solicitation or award of a contract determined to be in violation of the law.
(2) Except for small purchases or limited solicitations made pursuant to 18-4-305, a bidder, offeror, or contractor aggrieved in connection with the solicitation or award of a contract may protest to the department. The protest must be submitted to the department in writing no later than 14 days after execution of the contract.
(3) If the protest is not resolved by mutual agreement, the department shall issue in writing a decision on the protest within 30 days after receipt of the protest. The decision must:
(a) state the reason for the action taken by the department with regard to the contract; and
(b) inform the aggrieved party of the party’s right to request, within 14 days after the date of the department’s written decision, a contested case hearing pursuant to the Montana Administrative Procedure Act.
(4) In a protest or contested case proceeding, the department may, in an appropriate case, order a remedy provided in subsection (5) or (6).
(5) If before an award it is determined that a solicitation or proposed award of a contract is in violation of law, the solicitation or proposed award may be:
(a) canceled; or
(b) revised to comply with the law.
(6)(a) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has not acted fraudulently or in bad faith, the contract may be:
(i) ratified and affirmed, provided it is determined that doing so is in the best interests of the state; or
(ii) terminated, and the person awarded the contract must be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, before the termination.
(b) If after an award it is determined that a solicitation or award of a contract is in violation of law and the person awarded the contract has acted fraudulently or in bad faith, the contract may be:
(i) declared void; or
(ii) ratified and affirmed if that action is in the best interests of the state, without prejudice to the state’s rights to appropriate damages.
(7) The exclusive method of judicial review of a solicitation or award by the department pursuant to this chapter is by a petition for judicial review pursuant to 2-4-702. In a proceeding pursuant to that section, the court may, in an appropriate case, order a remedy provided by subsection (5) or (6) of this section. Except as provided in subsections (6)(a)(ii) and (6)(b)(ii), there is no right under any legal theory to recover a form of damages or expenses for a solicitation or award of a contract in violation of law. Any other claim, cause of action, or request for relief for solicitations or awards allegedly made in violation of law may not be heard or granted by a district court other than as provided in this section.
(8) The state is not required to delay, halt, or modify the procurement process pending the result of a protest, contested case proceeding, or judicial review.
(9) The department may adopt rules governing the protest of solicitations or awards.

(10) “Responsive” means conforms in all material respects to the invitation for bids or request for proposals.

(9) “Responsible” means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance.

9.6.1 Evaluation Committee. Evaluation committees are composed of subject-matter experts and stakeholders. Committee members generally have diverse, relevant disciplinary expertise and knowledge of the product or service being procured. Because service on an evaluation committee involves a significant time commitment, care is taken to ensure each scoring member is able to attend all meetings, oral presentations, and site visits. ; 9.6.1.1 Selection. Evaluation committee member selection generally occurs before receipt of responses, with members often having been involved in the procurement planning activities. A program staff member is usually the designated Committee chair, serving as a non-scoring member of the Evaluation Committee. Depending on the procurement, the Contracts Manager may participate as either a scoring or non-scoring member. When an agency uses individuals who are not employees, Legal Counsel is consulted to ensure appropriate procedures are implemented to protect the interests of the State. 9.6.1.2 Size. The recommended size of an evaluation committee is three- to five scoring members. To avoid potential individual bias, committees do not have fewer than three scoring members. There is no restriction on how many individuals may comprise on an evaluation committee; however, good judgment dictates that the number of individuals on the committee be limited to the minimum required to accomplish its purpose.

18-4-221. General procurement authority and duties of department — rules. (1) Except as otherwise provided in this chapter, the department shall adopt rules, consistent with this chapter, governing the procurement and disposal of any and all supplies and services to be procured by the state. The department shall consider and decide matters of policy within the provisions of this chapter. The department may audit and monitor the implementation of its rules and the requirements of this chapter.
(2) Except as otherwise specifically provided by law, the department shall, in accordance with its rules:
(a) procure or supervise the procurement of all supplies and services needed by the state; and
(b) sell, trade, or otherwise dispose of surplus supplies belonging to the state.
(3) Nothing contained herein shall preclude the state from doing its own printing on its own printing facilities.

7.2.4 Public Announcement Period. Agencies determine solicitation posting- and response times on a case-by-case basis. However, to allow for a Q&A period and the response time needed by Vendors, 30+-day solicitation periods are standard. Particularly complex or unusual requirements often result in questions from the industry and multiple/lengthy Q&A rounds,in which case, longer overall solicitation periods result