1. (1) If the agency receives credible competing proposals in response to the solicitation process conducted pursuant to Section R850-170-800, the director may select a proposal using the following methods:

   1. (a) Sealed Bid Process.

      1. (i) The director shall give the competing applicants notice setting forth the date on which the applicants must submit a final sealed proposal to the agency.
      2. (ii) The director may reject proposals received after the established due date.
      3. (iii) The director may require proposals for a lease to include the first year's rental, proposals for a sale to include a down payment on the proposed purchase price, and payments to cover the agency's costs of advertising and application fees.

      4. (iv) The director shall evaluate proposals using the following criteria:

         1. (A) income potential;
         2. (B) potential enhancement of trust lands;
         3. (C) development timeline;
         4. (D) applicant qualifications;
         5. (E) desirability of proposed use; and
         6. (F) any other criterion deemed appropriate by the director.
   2. (b) The director may negotiate with the applicants or interested persons to create a proposal that best satisfies the objectives of Rule R850-2.
2. (2) The director may terminate the application process at any time in its sole discretion.

KEY: administrative procedures, leases, trust land management, request for proposals

Date of Last Change: September 15, 2025

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a); 53C-4-101(1); 53C-4-202