reglab/housing_qa huggingface dataset:
AR Code § 19-11-268 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-268. Vendor performance reporting

 (a)  (1) A state agency shall report a vendor's performance under a contract executed under this chapter if the vendor fails to satisfy the performance-based standards stated in the contract in a manner that represents a material deviation.  (2) A state agency shall use a form prescribed by the State Procurement Director and approved by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, to report a vendor's performance under this section.    (b) The report required under this section shall be:  (1) Filed with the Office of State Procurement and maintained for a minimum of three (3) years from the termination of the relevant contract, including any extensions and amendments;  (2) Signed by the director of the state agency or his or her designee; and  (3) Filed monthly until the vendor has performed satisfactorily under the contract for a period of at least ninety (90) consecutive days.    (c) A state agency may report a vendor's performance in the manner prescribed under this section for any contract that would not require reporting of a vendor's performance under this section if the state agency encounters an issue with the vendor's performance of a contract.  (d) A state agency may use a vendor performance report submitted under this section to evaluate an offeror to the extent that the past performance of an offeror may be considered under the law and the rules adopted by the office.
AR Code § 19-11-269 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-269. Review of information technology plans

 The Office of State Procurement shall ensure that all required information has been submitted to the Office of Intergovernmental Services for review of proper planning and technical requirements before the execution of:   (1) A contract issued under this subchapter that procures information technology products or services with a total projected contract amount, including any amendments to or possible extensions of the contract, of at least one hundred thousand dollars ($100,000); or  (2) A purchase of information technology products or services made under a cooperative purchase agreement under § 19-11-249.
AR Code § 19-11-270 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-270. Penalty for intentional violation

 A person who purposely violates state procurement laws, Arkansas Code Title 19, Chapter 11, upon conviction is guilty of a Class D felony.
AR Code § 19-11-271 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-271. Compliance reporting

 (a) Each report required under this subchapter shall be copied to the Secretary of the Department of Transformation and Shared Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq.  (b) If the secretary determines that a state agency, agency procurement official, or state official or employee may be in violation of the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq., the secretary shall notify the chief executive officer of the relevant state agency.
AR Code § 19-11-272 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-272. Experience requirement — Findings

 (a)  (1) The General Assembly finds that:  (A) An invitation for bids, a request for proposals, and a request for qualifications often require that bidders and offerors have a certain amount of experience to qualify;  (B) These experience requirements often apply to the business of the bidder or offeror rather than the key personnel of the bidder or offeror;  (C) As a result, new businesses with highly qualified personnel often do not qualify to compete for state contracts even though the executives and employees of the business have the experience required; and  (D) It is in the best interests of the state to encourage new businesses and to seek out the most qualified people to provide products and services to the state.    (2) The General Assembly intends for this section to:  (A) Encourage entrepreneurship;  (B) Level the playing field for new businesses to compete for business opportunities; and  (C) Enable new businesses with highly qualified personnel to compete for state contracts.      (b) If an invitation for bids, a request for proposals, or a request for qualifications under this chapter requires a certain amount of experience or a certain number of years in existence for the bidder or offeror, the requirement shall be satisfied by either:  (1)  (A) The amount of experience of the bidder or offeror.  (B) A bidder or offeror may use the combined experience of its owners or senior executive staff to satisfy the requirement under subdivision (b)(1)(A) of this section; or    (2) The combined amount of experience of the key personnel of the bidder or offeror that will be responsible for satisfying the requirements of the contract to be procured.    (c)  (1) However, before the issuance of an invitation for bids, a request for proposals, or a request for qualifications, the Office of State Procurement or a procurement agency may determine in writing that the combined experience of the key personnel of a bidder or offeror under subdivision (b)(2) of this section would be insufficient to adequately satisfy the requirements of the invitation for bids, request for proposals, or request for qualifications.  (2) A written determination under subdivision (c)(1) of this section shall include the following:  (A) A specific description of the products or services that the Office of State Procurement or procurement agency seeks to procure; and  (B) A detailed statement of the reasons the combined experience of the key personnel of a bidder or offeror would be insufficient.
AR Code § 19-11-273 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-273. Procurements for services in designated positions and designated financial and information technology positions

 A contract for services with a person employed or entity employing persons in a designated position or designated financial or information technology position as defined in § 21-15-101 shall require compliance with the registry records check and criminal history records check laws under § 21-15-101 et seq.
AR Code § 19-11-274 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-274. Reporting requirements

 (a) The State Procurement Director shall compile a monthly report of all executed contracts for services that have a total initial contract amount or a total projected contract amount, including any amendments or possible extensions, of at least twenty-five thousand dollars ($25,000) but less than an annual contract amount of fifty thousand dollars ($50,000) in any one (1) contract year or a total projected contract amount, including any amendments or possible extensions, of three hundred fifty thousand dollars ($350,000).  (b) A contract that is procured by a state agency that has a state agency procurement official or procurement authority under a delegation order is subject to the reporting requirements under this section.  (c) The State Procurement Director shall adopt rules to:  (1) Prescribe a cover sheet for the report required under this section that sorts and identifies contracts within the report that may be candidates for review;  (2) Create instructions for completing the cover sheet prescribed under subdivision (c)(1) of this section; and  (3) Provide for the identification of any contracts included in the report that may need to be reviewed under § 19-11-265.    (d) It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to procure services in an incremental or split purchase arrangement to avoid the reporting requirements of this section.
AR Code § 19-11-275 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-275. Tracking requirements

 (a) The State Procurement Director, each agency procurement official, and any state agency with procurement authority under a delegation order shall track the following for the procurements they conduct and the contracts they execute:  (1) Each protest received and the resolution of the protest;  (2) The outcome of any negotiations under this chapter; and  (3) The anticipated procurement needs of the state agency based on the contracts that:  (A) Are set to expire during the next twelve (12) months; and  (B) Will require a new solicitation in the next twelve (12) months.      (b) Each agency procurement official and each state agency with procurement authority under a delegation order shall report the information obtained under subsection (a) of this section to the Office of State Procurement.
AR Code § 19-11-276 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-276. Compliance

 (a) A contractor shall ensure, in cooperation with a state agency, that the contract between the contractor and the state agency adheres to the requirements of this chapter, including without limitation the inclusion of any mandatory language and the submission of the contract for any required review.  (b) The signature of a contractor on a contract with a state agency serves as an acknowledgement that the contractor is:  (1) Equally responsible with the state agency for adhering to the requirements of this chapter related to the content and review of the contract; and  (2) Subject to the relevant ethical provisions of § 19-11-701 et seq.
AR Code § 19-11-277 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-277. Solicitation conferences

 (a)  (1) A state agency may hold a solicitation conference before or after issuing an invitation for bids, a request for proposals, or a request for statements of qualifications and performance data under § 19-11-801 et seq.  (2) A solicitation conference may be held:  (A) In person; or  (B) Online or in another virtual format.      (b) Attendance by a vendor at a solicitation conference is not required for that vendor's bid, proposal, or statement of qualifications and performance data to be accepted unless the attendance requirement is:  (1) Explicitly stated in the invitation for bids, request for proposals, or request for statements of qualifications and performance data; and  (2) Approved by the State Procurement Director or the head of the procurement agency.    (c) A state agency holding a solicitation conference shall:  (1) For an invitation for bids or a request for proposals, include the date and time of the solicitation conference in the notice required under § 19-11-229;  (2) Require vendors in attendance at a solicitation conference to sign in at the solicitation conference or provide a registration record for an online or other virtual solicitation conference, regardless of whether attendance is required under the solicitation; and  (3) Maintain the sign-in sheet or registration records with the other documents related to the solicitation.    (d) A statement made at a solicitation conference does not change the invitation for bids, request for proposals, or request for statements of qualifications and performance data unless a change is made by written amendment to the invitation for bids, request for proposals, or request for statements of qualifications and performance data.  (e) A state agency is encouraged to hold a solicitation conference for a procurement that:  (1) Has a contract amount of at least:  (A) Five million dollars ($5,000,000) for a single contract year; or  (B) Thirty-five million dollars ($35,000,000) for the total anticipated term of the contract, including any extensions, based on the previous contract for the same commodities or services or, if a previous contract is not available, a contract for similar commodities or services; or    (2) Is of strategic importance to the state.
AR Code § 19-11-278 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-278. Vendor training and polling

 The Office of State Procurement shall:   (1)  (A) Develop and deliver vendor training to inform interested vendors of how to do business with the state.  (B) The training required under subdivision (1)(A) of this section shall:  (i) Be offered throughout the state; and  (ii) Be delivered as training sessions in person and online or in another virtual format; and      (2) Periodically poll vendors that have been successful in securing business with the state and vendors that have not been successful in securing business with the state to solicit procurement feedback that can be used to improve vendor training.
AR Code § 19-11-279 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-279. Requests for information — Definition

 (a) As used in this section, “request for information” means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under § 19-11-229 or a competitive sealed proposal procurement under § 19-11-230.  (b) The State Procurement Director, a head of a procurement agency, or a designee of the director or of a head of a procurement agency, may issue or authorize another person to issue a request for information.  (c) A request for information under this section shall be published in the same manner and location as an invitation for bids, a request for proposals, or a request for qualifications.  (d) A contract shall not be awarded directly from a request for information.  (e) Information provided in response to a request for information under this section is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., until:  (1) The bids for a competitive sealed bidding procurement are opened publicly;  (2) The notice of anticipation to award is given for a competitive sealed proposal procurement; or  (3) A decision is made not to pursue a procurement based on the request for information.
AR Code § 19-11-280 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-280. Training and certification of procurement personnel

 (a) The State Procurement Director shall establish a training and certification program to facilitate the training, continuing education, and certification of state agency procurement personnel.  (b) As part of the training and certification program required under this section, the director:  (1) Shall conduct procurement education and training for state agency employees and other public employees;  (2)  (A) Shall establish a tiered core curriculum that outlines the minimum procurement-related training courses a state agency employee is required to complete for certification.  (B) The tiered core curriculum required under subdivision (b)(2)(A) of this section shall:  (i) Be designed to develop procurement competency; and  (ii) Create a uniform training approach for state agency employees ranging from entry-level procurement personnel to agency procurement officials;      (3) May charge a reasonable fee for each participant to cover the cost of providing the training required under this section;  (4) May conduct, develop, and collaborate with established training programs, if any, for the purpose of providing certifications of proficiency to state agency employees who complete the training and certification program;  (5) May conduct research into existing and new procurement methods; and  (6) May establish and maintain a state procurement library.    (c)  (1) Beginning July 1, 2021, a state agency employee shall not conduct a procurement under this chapter unless the state agency employee is certified through the training and certification program required under this section.  (2) To maintain certification under this section, a state agency employee shall complete a reasonable number of hours of continuing education, as provided for by rule by the director.    (d)  (1) The director shall revoke the certification of a state agency employee who is certified under this section and who is determined to have knowingly violated state procurement laws, Arkansas Code Title 19, Chapter 11.  (2) The director shall adopt rules regarding the procedure for revoking a state agency employee's certification under this section.
AR Code § 19-11-281 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-281. Cancellation of contract on entry of final business closure order — Definition. [Effective January 1, 2020.]

 (a) As used in this subchapter, “final business closure order” means a business closure order for which a contractor has either:  (1) Waived further administrative review under § 26-18-1001 et seq.; or  (2) Exhausted all remedies to appeal under § 26-18-1001 et seq.    (b) The Revenue Division shall provide to the Office of State Procurement all final business closure orders entered into against a contractor.  (c) Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable:  (1) Notify each state agency with which the contractor has a contract that the:  (A) Contractor is subject to a final business closure order; and  (B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and    (2) Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.    (d) Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that:  (1) Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and  (2) The contractor may be awarded or maintain a contract with a state agency.
AR Code § 19-11-301 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-301. Purpose

 The purpose of this subchapter is to protect Arkansas private industries which employ Arkansas taxpayers and citizens from the unfair advantage held by certain out-of-state penal institutions that utilize convict labor and are exempt from minimum wage requirements, Occupational Safety and Health Act of 1970 requirements, and other such standards which are imposed on private industries and which increase the costs of products manufactured by private industries. This advantage which is enjoyed by many out-of-state penal institutions allows them to often receive contracts under the Arkansas Procurement Law, § 19-11-201 et seq., bidding process when Arkansas private industries also submit bids, thus hindering a healthy competitive environment for the private industries of this state.
AR Code § 19-11-302 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-302. Definitions

 As used in this subchapter, unless the context otherwise requires:   (1) “Bids” means proposals submitted to the state for the sale of products to the state;  (2) “Penal institution” means a penitentiary, jail, prison, reformatory, or other such establishment owned, operated, or funded by a state or local government wherein incarcerated criminals are kept;  (3) “Private industry” means manufacturers, makers of products, companies, corporations, or firms which are not departments, divisions, or arms of the federal, state, or local governments;  (4) “Private industry located within the State of Arkansas” means private industries, as defined in subdivision (3) of this section, which are located in Arkansas, employing Arkansas citizens and taxpayers as laborers in the process of manufacturing goods and products within this state; and  (5) “State” means the government of the State of Arkansas and all departments, branches, agencies, and subdivisions thereof.
AR Code § 19-11-303 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-303. Provisions controlling

 Where provisions of this subchapter are inconsistent with provisions of the current Arkansas Procurement Law, § 19-11-201 et seq., the provisions in this subchapter shall control.
AR Code § 19-11-304 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-304. Priority for state industries

 In the bidding process for the sale of products for use by the state, bids submitted by private industries located within the State of Arkansas and employing Arkansas taxpayers shall be given priority over bids submitted by out-of-state penal institutions employing convict labor.
AR Code § 19-11-305 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-305. Award to lowest state bidder — Exceptions

 Subject to any applicable bonding requirements, in all bidding procedures involving a bid by one (1) or more out-of-state penal institutions and a bid by one (1) or more private industries located within the State of Arkansas, the contract shall be awarded to the sole Arkansas bidder or lowest Arkansas bidder if the Arkansas bidder is not underbid by more than five percent (5%), as provided in § 19-11-259, by another representative of private industry located outside the State of Arkansas or by more than fifteen percent (15%) by an out-of-state correctional institution.
AR Code § 19-11-306 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 3 - Bidding — State Industry Priority|§ 19-11-306. Underbid by nonresident industry or penal institution

 Subject to any applicable bonding requirements, in the event that a private Arkansas bidder is underbid by more than five percent (5%), as provided in § 19-11-259, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15%) by an out-of-state correctional institution, the state contract shall be awarded to the lowest responsible bidder, whether that bidder is a penal or correctional institution or is a representative of private industry.