Q The district is considering a managed print services agreement, under which we will pay a fee per image made. The vendor will provide the copiers, printers, print server, supplies (other than paper), training, and maintenance. Are we required to solicit bids under Section 31-7-13 and, if so, must we do so by reverse auction?

A Your question requires a factual determination to be made by the district, consistent with all of the facts and circumstances. If the district determines that this is a “printing” contract, then Section 31-7-13 applies, and reverse auction is the primary method of acquisitions of more than $50,000. Note that the Public Procurement Review Board has the authority to grant an exemption from the reverse auction requirement and approve an alternate process. If the district determines that this is purely a service contract, then Section 31-7-13 does not apply. If the contract encompasses services, as well as commodities, equipment, or supplies which are more than incidental to the services provided, then Section 31-7-13 applies. (Attorney General’s Opinion to Simpson, Jr., July 19, 2019)