Senate approves 'best-and-final' offers for RFPs; expansion of emergency procurement authority rejected and later expunged

LITTLE ROCK — The Arkansas Senate on Feb. 10 passed a bill allowing state agencies to request “best and final” offers after issuing limited clarifications to requests for proposals (RFPs), while rejecting a separate measure to expand the definition of critical emergency procurements to include governor-declared states of disaster. The Senate later voted to expunge the record of the failed vote on the emergency-procurement bill.

Senate Bill 165, sponsored by Senator Dodson, passed by a roll call of 27 yeas, 0 nays, 6 not voting and 1 present after debate. Dodson described SB165 as “a very small change” to Arkansas procurement law that would let a procuring agency, after reviewing proposals, issue a minor clarification and invite eligible offerors to submit a best-and-final offer rather than restart the procurement process.

The measure applies to requests for proposals, not sealed-bid procurements. “This was actually brought to me by the department,” Dodson said, explaining that RFPs sometimes require clarifying language after submissions and that allowing best-and-final offers is intended for minor clarifications, not substantive changes that would require rebidding.

Senators questioned how the change would work in practice. Senator Irvin asked whether adding the word…