Q In accordance with Section 31-7-13(c) (iv) (1), may the governing board of a school district approve the districtís request to complete a brand specific procurement for Apple products, following presentation of a valid justification? If so, may the Public Procurement Review Board (PPRB) approve a school districtís subsequent request to procure Apple from an alternative procurement process, due to Appleís refusal to participate in reverse auctions?

A Section 31-7-13(c) (iv) provides that ďthe board of a governing authority may approve a request for specific equipment necessary to perform a specific job.Ē Whether the justification presented is a valid one, and not undertaken for the purpose of circumventing the intent of the public purchasing statutes, is to be made by the governing authority, subject to review by a court of competent jurisdiction. A request by a purchasing entity to the PPRB for implementation of an alternative procurement process must include a detailed explanation setting forth the reasons why a reverse auction would not be in the best interest of the state and a description of an alternative procurement process. The PPRB has the authority to grant such a request under Section 31-7-13(c) (i) (2), after making the appropriate factual determinations. (Attorney Generalís Opinion to Jackson, October 18, 2019)