Best Value Procurement Definition
No
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
AZ ADC R2-7-F308
A. The agency chief procurement officer may conduct negotiations with any or none of the offerors. B. The agency chief procurement officer may conduct negotiations to improve offers in such areas as cost, price, specifications, performance, or terms and conditions, and to achieve best value for the state. C. The agency chief procurement officer shall document the results of negotiations in writing by requesting a best and final offer as defined in R2-7-C315. D. The agency chief procurement officer shall ensure that negotiations do not disclose any information derived from other offers.
Best Value Procurement Definition
Yes
AR ADC 006.27.3-R8:19-11-230.1(d)
(d) REASONABLY SUSCEPTIBLE OF BEING AWARDED A CONTRACT -- THE COMPETITIVE RANGE. Given the number of proposals and the broad range of competitiveness of responses, it may not be practicable to engage in negotiations with each and every offeror. If the procurement agency receives multiple proposals, it may shorten the list of offerors to negotiate with to a “competitive range” of responsible offerors reasonably susceptible of being awarded a contract. That is the range of responsible offerors that fall within the “competitive range.” The competitive range shall be determined based on criteria set forth in the request for proposals. For example, and not by limitation, a request for proposals may provide that only the three highest ranked vendors are eligible for negotiation. The criteria for selecting the competitive range included in the request for proposals may be established on any rational basis, including, without limitation, one or more of the following: (1) Price; or (2) Cost of Ownership; or (3) Responses that appear to provide the best value based on evaluation criteria in the solicitation; or (4) Responses most likely to provide greater value after negotiations based on the same criteria; or (5) Evaluation scores.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
CO ST § 24-103-202.3
(1) When, pursuant to rules, the chief procurement officer or a procurement official determines in writing that the use of an invitation for best value bids is advantageous to the state, a contract may be solicited by invitation for best value bids. (2) An invitation for best value bids shall be made in the same manner as provided in section 24-103-202(2), (3), and (4). (3)(a) The chief procurement officer or procurement official may allow a bidder to submit prices for enhancements, options, or alternatives to the base bid for a commodity or service that will result in a product or service to the state having the best value at the lowest cost. The invitation for best value bids must clearly state the purchase description of the commodity or service being solicited and the types of enhancements, options, or alternatives that may be bid; except that the functional specifications integral to the commodity or service may not be reduced. (b) Prices for enhancements, options, or alternatives to the bid may be evaluated by the chief procurement officer or procurement official to determine whether the total of the bid price and the prices for enhancements, options, or alternatives provide a contract with the best value at the lowest cost to the state. This evaluation shall be made utilizing the rules of the executive director of the department of personnel promulgated pursuant to subsection (3)(d) of this section. (c) A contract may be awarded to a bidder where the total amount of a bid price and the prices for enhancements, options, or alternatives of the bidder exceed the total amount of the bid price and the prices for enhancements, options, or alternatives of another bidder if it is determined pursuant to subsection (3)(b) of this section that the higher total amount provides a contract with the best value at the lowest cost to the state. (d) The executive director of the department of personnel shall promulgate rules to be utilized by the chief procurement officer or procurement official in making the evaluation pursuant to subsection (3)(b) of this section. The rules shall provide: (I) Criteria for objectively measuring prices for enhancements, options, or alternatives to a bid, including relevant formulas or guidelines; (II) Criteria for objectively determining whether the prices for enhancements, options, or alternatives provide the best value at the lowest cost to the state. (4) The contract shall be awarded with reasonable promptness by written notice to the bidder whose bid provides for a contract with the best value at the lowest cost to the state.
Best Value Procurement Definition
Yes
CT ST § 4e-1(1)
(1) “Best value selection” means a contract selection process in which the award of a contract is based on a combination of quality, timeliness and cost factors;
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
DC CODE § 2-273.03(c)
(c) The evaluation and selection criteria in a request for proposals shall include the following, each of which shall be given a relative weight: (1) Cost; (2) Delivery time; (3) Financial commitment required of public entities; (4) Capabilities, related experience, facilities, or techniques of the proposer or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Value-for-money and public sector comparator analysis of the proposal; (6) Novel methods, approaches, or concepts demonstrated by the proposal; (7) Scientific, technical, or socioeconomic merits of the proposal; (8) Potential contribution of the proposal to the mission of the District; (9) How the proposal benefits the public; and (10) Other factors as the Office deems appropriate to obtain the best value for the District.
Best Value Procurement Definition
Yes
FL ST § 287.012(4)
(4) “Best value” means the highest overall value to the state based on factors that include, but are not limited to, price, quality, design, and workmanship.
Best Value Procurement Definition
Other
GA ADC 672-18-.02 & GA ADC 665-2-4-.02.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
HI ADC § 3-122-1
“Best value” means the most advantageous offer determined by evaluating and comparing all relevant criteria in addition to price so that the offer meeting the overall combination that best serves the State is selected. These criteria may include, in addition to others, the total cost of ownership, performance history of the vendor, quality of goods, services, or construction, delivery, and proposed technical performance.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
Ill. Admin. Code tit. 44, § 4.2033
a) Definition - A best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include: 1) total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider; repair costs; maintenance costs; fuel consumption; and salvage value; 2) product performance, productivity, and safety standards; 3) the supplier's ability to perform to the contract requirements; and 4) environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.
For Chief Procurement Officer for Public Institutions of Higher Education see 44 IL ADC 4.2033 For Chief Procurement Officer for General Officers see 44 IL ADC 1.2015
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
Iowa Procurement Manual p.8
RFP A Request for Proposal (RFP) is defined as a competitive proposal process where cost is NOT the sole evaluation criteria for selection. The RFP includes well-defined specifications and/or scope of work, and contains all contractual terms and conditions. The RFP solicits two parts to a proposal -- technical and cost -- from prospective vendors. The objective is to obtain the “best value” for the state. The RFP method uses a combination of the price proposal plus the highest score from an analysis of the technical proposal to determine the award of a contract. An RFP is used any time when factors other than price are to be considered for evaluation.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
KY ST § 45A.080
(2) The invitation for bids shall state that awards shall be made on the basis of best value. In any contract which is awarded under an invitation to bid which requires delivery by a specified date and imposes a penalty for late delivery, if the delivery is late, the contractor shall be given the opportunity to present evidence that the cause of the delay was beyond his control. If it is the opinion of the purchasing officer that there is sufficient justification for delayed delivery, the purchasing officer may adjust or waive any penalty that is provided for in the contract.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
ME ST T. 5 § 1825-B(7)
7. Awards to best-value bidder. Except as otherwise provided by law, competitively awarded orders, grants or contracts made by the Director of the Bureau of General Services or by any department or agency of the State must be awarded to the best-value bidder, taking into consideration the qualities of the goods or services to be supplied, their conformity with the specifications, the purposes for which they are required, the date of delivery and the best interest of the State. If the bidder that was initially awarded the order, grant or contract does not perform, the Director of the Bureau of General Services may cancel the order, grant or contract and award a new order, grant or contract to the 2nd best-value bidder. The order, grant or contract may not be awarded to a bidder that the Director of the Bureau of General Services determined was not in compliance at the time the initial bid was submitted.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
801 MA ADC 21.02
Best Value. The result of common sense Procurement decision-making consistent with the State's Procurement Principles, which are to balance and support the achievement of: required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative Procurement and business relationships, encouraging competition, encouraging the continuing participation of quality Contractors and supporting State and Department Procurement planning and implementation.
Best Value Procurement Definition
Yes
Michigan Procurement Policy Manual Chapter 5 Section 5.2 Competitive Solicitation Defined
Competitive solicitation is the formal or informal process of obtaining quotes, bids or proposals from vendors to determine contract award based on factors such as pricing, product cost, supply situation, quality, timeliness, and best value from responsive and responsible vendors. Some of these concepts are defined below: Best value is determined by analyzing the components of the proposal such as price, quality, expertise, schedule, terms and conditions, product cost, supply situation, timeliness, expertise, Michigan economic impact, environmental and sustainability practices, compliance with labor laws, etc. and identifying the vendor who provides the best overall offer to the State
Best Value Procurement Definition
Yes
MN ST § 16C.02
Subd. 4. Best value. “Best value” describes a result intended in the acquisition of all goods and services. Price must be one of the evaluation criteria when acquiring goods and services. Other evaluation criteria may include, but are not limited to, environmental considerations, quality, and vendor performance. In achieving “best value” strategic sourcing tools, including but not limited to best and final offers, negotiations, contract consolidation, product standardization, and mandatory-use enterprise contracts shall be used at the commissioner's discretion.
Best Value Procurement Definition
Yes
MS ST § 31-7-13(d)(ii)
(ii) Decision procedure for Certified Purchasing Offices. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure: Purchases may be made from the bidder offering the best value. In determining the best value bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation. This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities. All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. No agency or governing authority shall accept a bid based on items or criteria not included in the specifications.
Best Value Procurement Definition
Yes
MO ST 34.010
7. The term “value” includes but is not limited to price, performance, and quality. In assessing value, the state purchaser may consider the economic impact to the state of Missouri for Missouri products versus the economic impact of products generated from out of state. This economic impact may include the revenues returned to the state through tax revenue obligations.
Best Value Procurement Definition
Yes
Montana Procurement Manual 7.7.1. p. 25
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
Best Value Procurement Definition
Nebraska Procurement Manual. 5.1. p. 26
Specifications determine and control the: Minimum quality level of the product or service; Suitability of the product or service for the job to be done;and Method of evaluation used in making an award and determining the best value proposal for the purchase.
Best Value Procurement Definition
Yes
NV ST 333.140
The Administrator, in all his or her purchasing and property control activities, shall pursue a policy of securing the best value for supplies, materials, equipment and services.
Best Value Procurement Definition
No
Best Value Procurement Definition
No
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
NY STATE FIN § 163
j. “Best value” means the basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses, certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the executive law or service-disabled veteran-owned business enterprises as defined in subdivision one of section three hundred sixty-nine-h of the executive law to be used in evaluation of offers for awarding of contracts for services.
Best Value Procurement Definition
Yes
NC ST § 143-52
The acceptance of bid(s) most advantageous to the State shall be determined upon consideration of the following criteria: prices offered; best value, as the term is defined in G.S. 143-135.9(a)(1); the quality of the articles offered; the general reputation and performance capabilities of the bidders;
Best Value Procurement Definition
Yes
ND ST 54-44.4-10(3)
3. Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before award for the purpose of obtaining best and final offers. In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing offerors.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
Title 74 O.S. § 85.2(2)
2. “Best value criteria” means evaluation criteria which may include, but is not limited to, the following: a. the acquisition's operational cost a state agency would incur, b. the quality of the acquisition, or its technical competency, c. the reliability of the bidder's delivery and implementation schedules, d. the acquisition's facilitation of data transfer and systems integration, e. the acquisition's warranties and guarantees and the bidder's return policy, f. the bidder's financial stability, g. the acquisition's adherence to the state agency's planning documents and announced strategic program direction, h. the bidder's industry and program experience and record of successful past performance with acquisitions of similar scope and complexity, i. the anticipated acceptance by user groups, and j. the acquisition's use of proven development methodology, and innovative use of current technologies that lead to quality results;
Best Value Procurement Definition
Yes
OR ST § 279A.015
(5) Allow impartial and open competition, protecting both the integrity of the public contracting process and the competitive nature of public procurement. In public procurement, as set out in ORS chapter 279B, meaningful competition may be obtained by evaluation of performance factors and other aspects of service and product quality, as well as pricing, in arriving at best value.
Best Value Procurement Definition
Yes
Pennsylvania Procurement Manual. Part I Chapter 49. p. 1
B. Definitions 1. Best Value. The process of selecting the offer which provides the greatest value to the Agency based on evaluating and comparing all pertinent factors,including price,so that the overall combination that best meets the Agency's needs is selected.Factors to consider include,but are not limited to: product performance,maintenance costs,life cycle costs,trade in value,warranty,quality, durability,past contractor performance, training,discounts,support and service,suitability for a particular purpose,and environmental considerations
Best Value Procurement Definition
Yes
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
w) Best Value: It will mean that bids will be evaluated against the requirements set out in the Invitation to Auctions and the corresponding specifications, which They may include criteria for determining acceptability such as: inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The criteria that will affect the price of the offer and that will be considered in the evaluation for the award, will be measurable objectively, such as discounts, transportation costs, and total costs or life cycle. The Invitation to Auctions and the bidding documents shall establish the Evaluation criteria to be used. No criteria can be used in the evaluation of bids that is not set out in the Invitation to Auctions and the folder.
Best Value Procurement Definition
Yes
RI ST § 37-2-18(a)
(a) Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable or that the best value for the state may be obtained by using an electronic reverse auction as set forth in § 37-2-18.1. Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether
Best Value Procurement Definition
Yes
SC Code Ann § 11-35-1528(1)
(1) Conditions for Use. When the procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive best value bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided for in this section.
Best Value Procurement Definition
Yes
South Dakota Procurement Manual. p. 8, 22
Bid Limits and Use of Other Government Contracts: State agencies and institutions are to utilize established state contracts for purchases of goods and services. If a state contract is not available, an agency may: 1. Make purchases of supplies or services that do not exceed $4,000 and are not available on a state contract, by using their best discretion to obtain the best value for the taxpayers; 2. Make purchases of supplies not exceeding $25,000 and not available on a state contract, by obtaining three written quotes. Purchases of supplies under this provision require the agency to submit a requisition to the Office of Procurement Management. A purchase order issued by OPM will authorize the purchase. State agencies may make purchases of services not exceeding $25,000, by using their best discretion to obtain the best value for the taxpayers; agencies are responsible to issue their own contracts or service purchase orders for services... Part E: Evaluation: This part of an IFB/RFP is used to explain specifically how the successful bidder or offeror will be determined. For an IFB, the successful bidder will always be the low responsive and responsible bidder. If an RFP process is used, the successful offeror will be the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. For RFPs, it is important that the agency state all evaluation factors that will be used to make an award decision, the relative importance of each factor, including price. If an agency uses a point system in its evaluation process, the points assigned to each factor should be stated in the RFP.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
TEX. GOV’T CODE § 2155.0755
(a) The contract manager or procurement director of each state agency shall: (1) approve each state agency contract for which the agency is required to purchase goods or services using the best value standard; (2) ensure that, for each contract, the agency documents the best value standard used for the contract; and (3) acknowledge in writing that the agency complied with the agency's and comptroller's contract management guide in the purchase. (b) For each purchase of goods or services for which a state agency is required to use the best value standard, the comptroller shall ensure that the agency includes in the vendor performance tracking system established under Section 2262.055 information on whether the vendor satisfied that standard.
Best Value Procurement Definition
Yes
USVI DPP 4.3.2.2
An RFP requests that the proposer put forth a proposal that represents the best value to the solicitor, considering the price and other evaluation factors. Commonly, RFPs are issued when the selection of a supplier cannot be made solely based on the lowest price. It is used to procure the most responsive solution based upon a number of evaluation criteria identified in the RFP. Hence, when advertised, the RFP is required by Section 236 (j) to identify all evaluation factors, including price, “qualifications, responsiveness, experience, past performance, responsibility, cost, and their relative importance.” All responses to the RFP are considered to the maximum extent possible. Additionally, “[c]ontracts must be awarded to the responsible firm whose proposal represents the best value to the Government, with price and other factors considered.”
Best Value Procurement Definition
Yes
UT ST § 63G-6a-707
(3) To determine which proposal provides the best value to the procurement unit, the evaluation committee shall evaluate each responsible offeror's responsive proposal that has not been disqualified from consideration under the provisions of this chapter, using the evaluation criteria described in the request for proposals.
Best Value Procurement Definition
No
Best Value Procurement Definition
Yes
VA ST § 2.2-4301
“Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body's needs.
Best Value Procurement Definition
Yes
WA ST 39.26.160(3)
(3) In determining the lowest responsive and responsible bidder, an agency may consider best value criteria, including but not limited to: (a) Whether the bid satisfies the needs of the state as specified in the solicitation documents; (b) Whether the bid encourages diverse contractor participation; (c) Whether the bid provides competitive pricing, economies, and efficiencies; (d) Whether the bid considers human health and environmental impacts; (e) Whether the bid appropriately weighs cost and noncost considerations; and (f) Life-cycle cost.
Best Value Procurement Definition
Yes
WV ST § 5A-3-10b
(a) The director may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the state. (b) A solicitation for bids under best value procurement shall be made in the same manner as provided in § 5A-3-10 of this code. (c) Best value procurement awards shall be based on criteria set forth in the solicitation and information contained in the proposals submitted in response to the solicitation. Those criteria include, but are not limited to, price and the total cost of acquiring, operating, maintaining, and supporting a commodity or service over its projected lifetime, as well as technical criteria. The technical criteria may include, but are not limited to, the evaluated technical merit of the bidder’s bid or proposal, the bidder’s past performance, the degree to which a proposal exceeds other proposals in technical merit, the utility of any novel or unrequested items in the proposal, and the evaluated probability of performing the requirements stated in the solicitation on time, with high quality, and in a manner that accomplishes the business objectives set forth in the solicitation. (d) The award must be made to the highest scoring responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the state, taking into consideration all evaluation factors set forth in the best value solicitation. (e) The director may not use best value procurement to enter into government construction contracts, including, but not limited to, those set forth in § 5-22-1 et seq. of this code.
Best Value Procurement Definition
Yes
Wisconsin Procurement Manual. PRO-109. p. 44
Procurement Ethics State procurement activities are to be done in a manner that upholds public confidence in awarding state contracts. The primary principles and goals of public procurement are to ensure the integrity of the process, maximize the competitive leverage of the state to achieve the best value, and avoid even the appearance of any conflict of interest in procurement decisions.State employees hold their position in the public trust; any staff involved with the awarding or managing of contracts will practice impartiality. See PRO-108, Endorsement, Testimonial and Promotional Activities
Best Value Procurement Definition
No