Q House Bill 1106 (2017) amends Section 31-7-13 to provide that “Reverse auctions shall be the primary method for receiving bids during the bidding process.” It also provides that a “purchasing entity” may determine 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.” Does this only apply to state agencies, or does it apply to all local government entities?

A These provisions apply to governing authorities as well as state agencies. Had the Legislature intended them to only apply to state agencies, they would have said “state agencies” instead of “purchasing authorities.” In our opinion, “purchasing authorities” includes all entities subject to the requirements of Section 31-7-13. (Attorney General’s Opinion to Nowak, June 9, 2019)