Montana Attorney General Opinion 15-325

Opinion No. 325 State Purchasing Agent-Bills -Gasoline. HELD: The State PurchaSing Agent may not specify in advertising for bids on gasoline required by the State that such gasoline must be refined within the State. August 31, 1933. You request an opinion on the pro· prlet~· of specifying,in advertising for bids on gasoline required b~' the state. that. such gasoline must be refined within the state. Chapter 66, Laws of 1!)23, pro\'ides that the state purchasing agent must. ad\'ertise for bids before purchasing supplies and equipment for the use of the state and must award contracts for such supplies and equipment, except as otherwise therein set forth, to the low· est responsible bidder (sec. 3), and further provides that said state pur- chaSing agent shall be absolutely fair and impartial in making awards or contracts, but that where both the hids and quality of goods offered are the same, preference shall be given to articles of local and domestic produc- tion and manufacture, and that where both the bids and the quality of goods offered are the same, preference shall be given to resident bidders of ,the State of Montana over non-resident bidders (Sec. 10). It is altogether clear that were the advertisement limited to the extent stated it would necessaril~' exclude from its scope all persons who refine their gasoline outside the state, and. as a consequence, deprive the state of the benefit of unrestricted competition. Moreover, and that should he the con- trolling factor, it would violate Chap- ter G6 in letter and spirit for the reason just gh·en. (State Y. Toole. 26 ~Iont. 22: 5n C .. J. 177.)