1. (a)

   1. (1) The request for qualifications (RFQ) procurement method is used, with prior written approval from the State Procurement Director, when price competition is irrelevant and/or the qualifications or specialized expertise of the vendor is the most important factor in selection.
   2. (2) For example, an RFQ would likely be appropriate in instances where an agency is compiling a list of qualified vendors and will be offering the same contract rates to all qualified vendors, because price competition is irrelevant in such a situation.
   3. (3) An agency should give public notice of an RFQ opportunity, but may also send notice directly to those vendors the agency considers to be best-qualified and capable of performing the scope of work or services required.

2. (b)

   1. (1) Notification of RFQs, for which the Office of State Procurement is responsible, in amounts greater than seventy-five thousand dollars ($75,000) will be made on the office website.
   2. (2) The agency makes its initial selection based upon the respondent’s qualifications.
   3. (3) Only after the most qualified respondent is identified does cost become a factor in determining the award.
   4. (4) Discussion may be conducted with qualified vendors who, based upon qualifications submitted, are determined to reasonably be susceptible of being selected for the purpose of clarification to ensure full understanding of, and responsiveness to the solicitation requirements, and to obtain best and final offers.
   5. (5) If the state agency or political subdivision is unable to negotiate a satisfactory contract with the vendor selected, negotiations with that vendor shall be terminated and the agency may proceed to negotiate with one (1) or more of the other qualified vendors.

Codification Notes: This section was promulgated as R1:19-11-204 of the Procurement Rules prior to codification into the Code of Arkansas Rules.