(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.

(1) Scope
This section applies to:
(a) a protest of a solicitation or award of a contract addressed to the Procurement Review Board by an aggrieved actual or prospective bidder or offeror, or a contractor; and
(b) an appeal addressed to the Board of a decision under Section 6.101.03.
(2) Time Limitations on Filing a Protest or an Appeal
(a) For a protest under Subsection (1)(a) of this section, the aggrieved person shall file a protest with the Board within 7 days after the aggrieved person knew or should have known of the facts and circumstances upon which the protest is based.
(b) For an appeal under Subsection (1) (b) of this section, the aggrieved person shall file an appeal within seven days of receipt of a decision under Section 6.101(3).
(3) Decision
On any direct protest under Subsection (1)(a) of this section or appeal under Subsection (1)(b) of this section, the Board shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by administrative officials shall not be final or conclusive.
(4) Standard of Review for Factual Issues
A determination of an issue of fact by the Board under Subsection (3) of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

(6) Responsive Bidder — a person who has submitted a bid which conforms in all material respects to the Invitation for Bids.

(5) Responsible Bidder or Offerer — a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.

(1) Applicability
This section applies to controversies between the State and a contractor and 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 modification or rescission.
(2) Authority
The Chief Procurement Officer, the head of a purchasing agency, or a designee of either officer is authorized to settle and resolve a controversy described in Subsection (1) of this section.
(3) Decision
If such a controversy is not resolved by mutual agreement, the Chief Procurement Officer, the head of a purchasing agency, or the designee of either officer shall promptly issue a decision in writing. The decision shall:
(a) state the reasons for the action taken; and
(b) inform the contractor of its right to administrative review as provided in this Chapter.
(4) Notice of Decision
A copy of the decision under Subsection (3) of this section shall be mailed or otherwise furnished immediately to the contractor.
(5) Finality of Decision
The decision under Subsection (3) of this section shall be final and conclusive, unless fraudulent, or:
(a) the contractor appeals administratively to the Procurement Review Board in accordance with Section 6.206, Contract and Breach of Contract Controversies.

6.103.04.2 Final Decision
The Procurement Officer shall immediately furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, and include in the decision:
(a) a description of the controversy;
(b) a reference to pertinent contract provisions;
(c) a statement of the factual areas of agreement or disagreement;
(d) a statement of the Procurement Officer’s decision, with supporting rationale;
(e) a paragraph substantially as follows:
“This is the final decision of the Procurement Officer.
This decision may be appealed to the Procurement Review Board. If you decide to make such an appeal, you must mail or otherwise furnish written notice of appeal to the Procurement Review Board within 7 days from the date you receive this decision. A copy of the notice of appeal shall be furnished to the Procurement Officer from whose decision the appeal is taken. The notice shall indicate that an appeal is intended, reference the decision from which the appeal is being taken, and identify the contract involved.”

1. Evaluation committees shall be used to evaluate request for proposals or request for qualifications and award contracts. Persons appointed to an evaluation committee shall have the relevant experience necessary to evaluate the proposal or qualification. The members of the evaluation committee shall have no personal, financial or familial interest in any of the contract offerers, or principals thereof, to be evaluated.

All agencies and governing authorities shall purchase their commodities and printing; contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewage collection or disposal; contract for public construction; and contract for rentals as herein provided….

(8) Multi-Step Sealed Bidding
When it is considered impractical to initially prepare a purchase description to support an award based on price, an Invitation for Bids may be issued requesting the submission of unpriced offers to be followed by an Invitation for Bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

1. Purchases which involve an expenditure of more than Fifty Thousand Dollars ($ 50,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located.; 3. The date as published for the bid opening shall not be less than seven (7) working days after the last published notice; however, if the purchase involves a construction project in which the estimated cost is in excess of Fifty Thousand Dollars ($ 50,000.00), such bids shall not be opened in less than fifteen (15) working days after the last notice is published and the notice for the purchase of such construction shall be published once each week for two (2) consecutive weeks. However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($ 25,000.00) shall be bid. For any projects in excess of Twenty-five Thousand Dollars ($ 25,000.00) under the American Recovery and Reinvestment Act, publication shall be made one (1) time and the bid opening for construction projects shall not be less than ten (10) working days after the date of the published notice.; 31-7-405.3 Proposal or qualification preparation time shall be set to provide offerers a reasonable time to prepare their proposals or qualifications. A minimum of thirty (30) days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the chief procurement officer of the requesting agency.

2. Reverse auctions shall be the primary method for receiving bids during the bidding process. If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board. The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board. If the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel. However, reverse auction shall not be used for any public contract for design or construction of public facilities, including buildings, roads and bridges. The Public Procurement Review Board must approve any contract entered into by alternative process. The provisions of this item 2 shall not apply to the individual state institutions of higher learning.