(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.

(a)(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency.
(2) Any actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the:
(A) Director; or
(B) Head of a procurement agency.
(3) The protest shall be submitted in writing within fourteen (14) calendar days after the award or notice of anticipation to award has been posted.
(4) A protest submitted by an aggrieved person under this section shall:
(A) Be limited to one (1) or more of the following grounds:
(i) The award of the contract exceeded the authority of the director or the procurement agency;
(ii) The procurement process violated a constitutional, statutory, or regulatory provision;
(iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award;
(iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or
(v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and
(B) State facts that substantiate each ground on which the protest is based.
(b)(1)(A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination.
(B)(i) A meeting in an attempt to settle or resolve a protest is not a public meeting.
(ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure.
(2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director.
(c)(1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing.
(2) The administrative protest determination shall state the reasons for the action taken.
(d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the protestor and any other party intervening.
(e) An administrative protest determination under subsection (c) of this section is:
(1) Final and conclusive; and
(2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(f) In the event of a timely protest under subsection (a) of this section, the state shall not execute a contract that is the result of the protested solicitation or award unless the director or the head of the relevant procurement agency makes a written determination that the execution of the contract without delay is necessary to protect substantial interests of the state.
(g) When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, through the commission.
(h) An actual or prospective bidder, offeror, or contractor who is aggrieved by a protest submitted under this section that was without merit or intended purely to delay the award of a contract may bring a private cause of action for tortious interference with a business expectancy against the person or entity that submitted the protest.

A “responsive” proposal conforms in all material respects to the solicitation, including the specifications set forth in the solicitation

(a)(1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director.
(2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.
(3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.
(4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination.
(b)(1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror.
(2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary.
(c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.

(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission.
(b)(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section.
(2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director.
(c)(1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.
(2) The decision shall state the reasons for the action taken.
(d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.
(e) The decision under subsection (c) of this section shall be final and conclusive.
(f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.

Petitions for Re-Hearing and/or Motions for Reconsideration will only be entertained if they set forth new or additional evidence which was not available to the moving party at the time of the scheduled hearing.
Such petitions for Re-Hearing or Motions for Reconsideration shall be filed with the Commission within 40 days from the date of the Commission’s findings and determinations. No claim requiring action by the General Assembly will be forwarded to that body within the aforementioned 40 day period without the written approval of the Claimant(s) and Respondent(s).
Current with amendments received through March 15, 2021. Some sections may be more current, see credit for details.

(A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section.
(B) A private evaluator used under this subsection shall be:
(i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees;
(ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and
(iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available.
(C) The use of a private evaluator is not required.
(D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

The Division of Purchasing, Department of Finance is established by statute (Code of Alabama 1975, §41-
4-110-115, as amended) and is under the direction of the State Purchasing Agent (State Purchasing
Director). The Division purchases all personal property and nonprofessional services, except alcoholic
beverages, for all State departments, boards, bureaus, commissions, agencies, offices and institutions. The
Division is also responsible for making and supervising the execution of all contracts and leases for the use
and acquisition of any personal property and nonprofessional services. Education and eleemosynary
institutions, State Port Authority, Department of Mental Health and the purchase of alcoholic beverages are
exempt fro

B. Alternative procurement methods may include, but are not limited to, specialized vendor pre-qualifications, multistep bids or proposals, single proposer negotiations, competitive negotiations between two or more proposers, brand name solicitations, and cooperative procurements. The ALC shall conduct the alternative procurement method in accordance with the process set forth in the applicable solicitation document.

(2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director.

**(d)** Notice inviting bids shall:
**(1)** Be given not fewer than five (5) calendar days nor more than ninety (90) calendar days preceding the date for the opening of bids by publishing the notice at least one (1) time in at least one (1) newspaper having general circulation in the state or posting by electronic media, but in all instances, adequate notice shall be given;

AR ST § 14-58-303
(c)(1) In a city of the first class, a city of the second class, or an incorporated town, the governing body by ordinance shall have the option to make purchases by participation in a reverse internet auction, except that purchases and contracts for construction projects and materials shall be undertaken pursuant to subsections (a) and (b) of this section and § 22-9-203.
(2) The ordinance shall include, but is not limited to, the following procedures:
(A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor;
(B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications;
(C) The reverse internet auction shall be held at a specific date and time;
(D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time;
(E) Each bidder shall be continually signaled his or her relative position in the bidding process;
(F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and
(G) The governing body shall have access to real-time data, including all bids and bid amounts.
(3) The governing body may create by an additional ordinance reverse internet auction specifications for the anticipated purchase of a specific item or purchase.
(4)(A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor.
(B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body.
(5) The governing body retains the right to:
(A) Refuse all bids made during the reverse internet auction; and
(B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town.
(d) For purposes of this section:
(1) “Reverse internet auction” means an internet-based process in which bidders:
(A) Are given specifications for items and services being sought for purchase by a municipality; and
(B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and
(2) “Reverse internet auction vendor” means an internet-based entity that hosts a reverse internet auction.