1. (a) Conditions of use.

   1. (1) The key element in determining the necessity for utilization of the competitive sealed proposal method is the type of evaluation required.
   2. (2) Where evaluation involves the relative abilities of offerors to perform, including the degree of technical or professional experience, and price is not the only consideration, use of competitive sealed proposals is appropriate.
   3. (3) Further, where the types of supplies or services may require the use of comparative, judgmental evaluation, competitive sealed proposals are the appropriate procurement method.

2. (b) Thirty percent (30%) weighted cost waiver. In seeking a written determination by the State Procurement Director that it is in the best interest of the state for cost to be weighted at less than thirty percent (30%) of the total evaluation score, the requesting agency shall:

   1. (1)

      1. (A) Issue a written request addressed to the director.
      2. (B) The written request may be delivered by email or mail, and in either case, should be clearly marked or labeled “Request for Weighted Cost Deviation”;

   2. (2)

      1. (A) The written request should clearly articulate the factors for why it is in the best interest of the state for cost to be weighted at a lower percentage than thirty percent (30%), and what percentage the requesting agency seeks.
      2. (B) The factors articulated should be specific to the request for proposal under consideration; and
   3. (3) If the director issues a written determination approving of the lower percentage, the written determination shall be submitted for review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Codification Notes: This section was promulgated as R2:19-11-230 of the Procurement Rules prior to codification into the Code of Arkansas Rules.