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Montana Bidder Preferences: Status and What to Do

Where
eMACS Vendor Portal (State Procurement Services Division)
Status
Active. Montana has no state MBE, WBE, small business or veteran preference. A Montana resident gets a reciprocal edge over bidders from states that favor their own; claim it with a notarized Resident Preference Affidavit.
Contact
spb@mt.gov, (406) 444-2575
Last checked
2026-10-10

See 9 open bids in Montana →

What it is

Montana does not run its own MBE, WBE, small business or veteran-owned certification. The State Procurement Services Division says "Montana law does not grant preference to small businesses or disadvantaged businesses." What Montana has is a reciprocal resident preference (18-1-102, MCA). A Montana resident gets an edge over a nonresident bidder when the nonresident's home state or country favors its own residents. The edge equals that state's preference.

Who qualifies

  • Individuals: actual Montana residence for more than 1 year before bidding (18-1-103, MCA).
  • Partnerships, LLCs and associations: a majority of partners or members must have been Montana residents for more than 1 year.
  • Montana corporations are presumed resident. That can be set aside if the company is a wholly owned subsidiary of an out-of-state corporation or was formed to get around the rules.
  • The affidavit form says it is accepted for businesses physically located in Montana.
  • No size, race, sex or veteran test applies. Out-of-state firms cannot claim it, and face the add-on when their home state has an in-state preference.

What it means for your bids

  • State agencies apply it to Invitations for Bids for goods, printing and non-construction services of $100,000 or more, when no federal funds are involved (per the Division's page and ARM 2.5.408).
  • Cities, counties and other political subdivisions apply it to construction, repair and public works bids.
  • The home-state percentage is added to the nonresident's price for comparison. If the nonresident still wins, it is paid its original bid.
  • In a tie, the state prefers the bidder offering American-made products (18-4-303(10), MCA).
  • On state construction projects, contractors generally must use at least 50% bona fide Montana residents for labor. Projects partly funded by federal highway aid are exempt (18-2-409, MCA).

How to get certified

There is no certificate. To claim the preference:

  1. Register in eMACS, the state's eProcurement system, through the Vendor Portal to get bid notices: https://doa.mt.gov/SPSD/eMACS-Resources. The page does not say whether registration is free.
  2. Complete the Montana Resident Preference Affidavit. Fill in the one section for your business type, then sign it in front of a notary: https://spsd.mt.gov/_docs/Vendor-Resources/BidderPreferenceAffidavit.doc
  3. File the original before any award. The form lists the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135.
  4. Make sure the business name and federal tax ID match your bid documents. Each Montana branch office needs its own affidavit unless it bids under the same name and tax ID.
  5. The pages we checked do not say how long an affidavit stays on file or whether it must be renewed. Ask spb@mt.gov.

Watch out for

  • A false affidavit bars you from public contracts for goods for 5 years (18-1-113, MCA).
  • The Division's page says the affidavit must be on file with the "State Financial Services Division." The form says State Procurement Bureau. Confirm with spb@mt.gov.
  • Two 2025 bills that would have changed resident preferences, HB 113 and HB 875, failed (per PolicyRisk).
  • Federal DBE certification is separate and has its own page.
  • Help: the Montana APEX Accelerator (montanaapex.org) helps firms find and bid on government contracts. The state page does not say whether it charges. Preference questions: spb@mt.gov or (406) 444-2575.

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Common questions

Is the Montana reciprocal resident preference (18-1-102, MCA) and Resident Preference Affidavit still active?

Montana has no state MBE, WBE, small business or veteran preference. A Montana resident gets a reciprocal edge over bidders from states that favor their own; claim it with a notarized Resident Preference Affidavit.

Where do I check my certification status?

eMACS Vendor Portal (State Procurement Services Division): https://doa.mt.gov/SPSD/eMACS-Resources

Sources

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.

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