reglab/housing_qa huggingface dataset:
AR Code § 19-11-219 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-219. Legal counsel — Contract review

 (a) The Attorney General shall act as counsel for the State Procurement Director in preparation of necessary contracts and in all legal matters.  (b)  (1) A contract that the director has designated as requiring review shall be reviewed by a person employed as an attorney with a state agency.  (2) The review required under this subsection shall occur before the contract is executed.    (c) The director shall adopt rules to implement this section, including without limitation rules to:  (1) Designate contracts that require review under this section, which may include without limitation contracts that:  (A) Exceed a certain dollar amount;  (B) Modify the standard state terms and conditions; and  (C) Are based on other stated criteria; and    (2) Identify the requirements for the attorneys who may review contracts under this section, including without limitation:  (A) An attorney employed with the Office of State Procurement, an institution of higher education, or the Office of the Attorney General; and  (B) Any other attorney employed by the state and licensed to practice law in Arkansas.
AR Code § 19-11-222 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-222. Exclusive jurisdiction over procurement — Definitions

 (a) The State Procurement Director has exclusive jurisdiction over the procurement of:  (1) Items subject to Arkansas Constitution, Amendment 54;  (2) Wholesale gasoline, oil, and related products;  (3) Tires;  (4)  (A) Passenger motor vehicles and trucks, except highway construction and highway maintenance equipment, any specialized type of equipment used in highway construction, or a motor vehicle purchased under § 6-21-307, except as otherwise provided in this subchapter.  (B) The director may issue a request for qualifications for the procurement of passenger motor vehicles and trucks to compile a qualified vendor list that includes vendors in multiple areas of the state;    (5) Paper products;  (6) New and used school buses for state agencies;  (7) A purchasing card program and travel card program to include implementation and administration; and  (8) An electronic commerce procurement solution to include planning and administration consistent with the established financial systems of the state.    (b) As used in this section:  (1) “Printing” means the process of transferring images, by the use of standard industrial type printer ink, upon documents such as letterhead, envelopes, pamphlets, booklets, and forms;  (2) “Stationery” means imprinted letterhead and envelopes used by the General Assembly and other departments of state government to identify an individual department, agency, board, commission, etc.; and  (3) “Supplies” means paper and inks used to produce stationery.
AR Code § 19-11-224 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-224. Interest and carrying charges

 State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest and late charges, but only when such late charges are incurred sixty (60) days after payment is due or carrying charges under such rules as may be promulgated by the State Procurement Director.
AR Code § 19-11-225 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-225. Rules

 (a)  (1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (2) A rule promulgated by the director under this subchapter is not effective until the rule is:  (A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and  (B) Reviewed and approved by the Legislative Council under § 10-3-309.      (b) A rule shall not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the rule.  (c)  (1) A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation.  (2) The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.
AR Code § 19-11-226 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-226. Recommendations

 (a) The State Procurement Director shall maintain a close and cooperative relationship with the using agencies.  (b)  (1) The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency.  (2) At any time, any using agency may make recommendations to the director, and the director may make recommendations to any using agency.  (3) The Secretary of the Department of Transformation and Shared Services may make recommendations to the director.
AR Code § 19-11-227 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-227. Statistical data

 The State Procurement Director and the Secretary of the Department of Transformation and Shared Services shall cooperate with the Division of Budgets and Accounting in the preparation of statistical data concerning the procurement and disposition of all commodities and services, unless otherwise provided in this subchapter.
AR Code § 19-11-228 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-228. Methods of source selection

 Unless otherwise authorized by law, all contracts shall be awarded by competitive sealed bidding, pursuant to § 19-11-229, which refers to competitive sealed bidding, except as provided in:   (1) Section 19-11-230, which refers to competitive sealed proposals;  (2) Section 19-11-231, which refers to small procurements;  (3) Section 19-11-232, which refers to proprietary or sole source procurements;  (4) Section 19-11-233, which refers to emergency procurements;  (5) Section 19-11-234, which refers to competitive bidding;  (6) Section 19-11-262, which refers to multiple award contracts; or  (7) Section 19-11-263, which refers to special procurements.
AR Code § 19-11-231 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-231. Small procurements

 (a) Any procurement not exceeding the amount under § 19-11-204(13), which refers to small procurements, may be made in accordance with small procurement procedures promulgated by the State Procurement Director.  (b) However, procurement requirements shall not be artificially divided so as to constitute a small procurement under this section.
AR Code § 19-11-232 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-232. Proprietary or sole source procurements

 (a) Under rules promulgated under this subchapter, a contract may be awarded for a required or designated commodity or service to a sole or mandatory supplier when the State Procurement Director, the head of a procurement agency, or a designee of either officer above the level of agency procurement official determines in writing that it is not practicable to use other than the required or designated commodity or service.  (b) Unless a written determination is made that there is only one (1) source for the required or designated commodity or service, efforts shall be made to obtain price competition.
AR Code § 19-11-233 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-233. Emergency procurements — Definition

 (a) The State Procurement Director, the head of a procurement agency, or a designee of either officer may make or authorize others to make emergency procurements as defined in § 19-11-204(4) and in accordance with rules promulgated by the director.  (b)  (1) A person or state agency that makes an emergency procurement under this section shall:  (A) Receive at least three (3) competitive bids unless the emergency is a critical emergency; and  (B) Complete a quotation abstract that includes the:  (i) Names of the firms contacted;  (ii) Time that each firm was contacted;  (iii) Quoted price obtained from each contacted firm; and  (iv) Method used for contacting each firm.      (2) As used in this subsection, “critical emergency” means an emergency in which human life or health is imminently endangered.
AR Code § 19-11-234 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-234. Competitive bidding

 (a)  (1) Competitive bidding is a method of procurement which requires obtaining bids by:  (A) Direct mail request to prospective bidders and obtaining written bids;  (B) Telephone;  (C) Telegraph;  (D) Written form; or  (E) Electronic media.    (2) A competitive bid form authorized by the State Procurement Director must be completed.  (3) If three (3) competitive bids are not obtained on purchases when bids are required, the form must show the names of at least three (3) firms contacted in attempting to obtain competition or show the reason three (3) firms were not contacted.  (4)  (A) Only firms which sell the type of commodity or service to be procured shall be contacted.  (B) The purchase procedures outlined in this section shall not apply to commodities, technical and general services, and professional and consultant services under state contract.      (b)  (1) Contracts in which the purchase price exceeds twenty thousand dollars ($20,000) and is less than or equal to seventy-five thousand dollars ($75,000) may be awarded by use of competitive bidding procedures.  (2) However, in any such instances, competitive sealed bidding is permitted.    (c)  (1)  (A) All procurements shall be awarded to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements, criteria, and specifications.  (B) Delivery time required must be reasonable and consonant with current industry norms.    (2) Complete justification must be given if award is made to other than the low bidder.    (d) Repeated small quantity procurements to circumvent the competitive bid limits or failure to obtain competitive bids without justification shall constitute a violation of these procedures and shall result in withdrawal of the state agency's competitive bid privileges.
AR Code § 19-11-235 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-235. Responsibility of bidders and offerors

 (a)  (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director.  (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.  (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.  (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination.    (b)  (1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror.  (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary.    (c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.
AR Code § 19-11-236 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-236. Prequalification of suppliers

 (a)  (1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services.  (2) Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers.    (b) Prequalifications shall not foreclose a written determination:  (1) Between the time of the bid opening or receipt of offers and making of an award that a prequalified supplier is not responsible; or  (2) That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
AR Code § 19-11-237 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-237. Cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee contracts

 As used in this subchapter, unless the context otherwise requires, the cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee system may be used under the authority of the State Procurement Director when:   (1) There exists no other economically practicable price arrangement to secure the commodity;  (2) A cost saving may be proved over the least expensive alternative; or  (3) The pricing schedule involved is tied to an industry standard or other reliable system of cost prediction.
AR Code § 19-11-238 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-238. Multiyear contracts

 (a) Specified Period. Unless otherwise provided by law, a contract for commodities or services may be entered into for periods of not more than seven (7) years if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.  (b) Determination Prior to Use. Prior to the utilization of a multi-year contract, it shall be determined in writing that:  (1) Estimated requirements cover the period of the contract and are reasonably firm and continuing;  (2) Such a contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement; and  (3) In the event of termination for any reason, the contract provides for cessation of services and/or surrender by the state of the commodities and repayment to the state of any accrued equity.    (c) Termination Due to Unavailability of Funds in Succeeding Years.  (1) Original terms of such multiyear contracts shall not exceed four (4) years.  (2) When funds are not appropriated or otherwise made available to support continuation of performance in a multiyear contract, the contract shall be terminated and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the commodities or services delivered under the contract.  (3) The cost of termination under subdivision (c)(2) of this section may be paid from:  (A) Appropriations currently available for performance of the contract;  (B) Appropriations currently available for procurement of similar commodities or services and not otherwise obligated; or  (C) Appropriations made specifically for the payment of such termination costs.
AR Code § 19-11-239 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-239. Finality of determinations

 The determinations required by:   (1) Section 19-11-229(h), which refers to competitive sealed bidding, award;  (2) Section 19-11-230(b), which refers to competitive sealed proposals, conditions for use;  (3) Section 19-11-230(g), which refers to competitive sealed proposals, award;  (4) Section 19-11-232, which refers to proprietary or sole source procurements;  (5) Section 19-11-233, which refers to emergency procurements;  (6) Section 19-11-234, which refers to competitive bidding;  (7) Section 19-11-235, which refers to responsibility of bidders and offerors, determination of responsibility;  (8) Section 19-11-238(b), which refers to multiyear contracts, determination prior to use; and  (9) Section 19-11-263, which refers to special procurements,    are final and conclusive, unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
AR Code § 19-11-240 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-240. Reporting of suspected collusion — Definition

 (a) As used in this section, “collusion” means cooperation in the restraint of free and open competition in a public procurement, including without limitation:  (1) Price fixing;  (2) Bid rigging;  (3) Customer or market allocation;  (4) Misrepresenting the independence of the relationship between colluding parties; and  (5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation:  (A) Offering bribes or kickbacks;  (B) Extortion; and  (C) Fraudulent misrepresentation.      (b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.  (c)  (1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.  (2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.    (d) Collusion is cause for:  (1) Debarment from consideration for award of a contract under § 19-11-245; and  (2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.
AR Code § 19-11-241 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-241. Specifications — Definition

 (a) Definition.  (1) “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service.  (2) “Specification” may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.    (b) The State Procurement Director shall promulgate rules governing the preparation, maintenance, and content of standard and nonstandard specifications for commodities, technical and general services, and professional and consultant services procured by the Office of State Procurement.  (c) Maximum Practicable Competition. All specifications shall be drafted so as to assure the maximum practicable competition for the state's actual requirements.
AR Code § 19-11-242 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-242. Commodity management rules

 The State Procurement Director shall promulgate rules governing:   (1) The sale, lease, or disposal of surplus commodities by public auction, competitive sealed bidding, or other appropriate method designated by rule, and no employee of the Department of Transformation and Shared Services or member of the employee's immediate family shall be entitled to purchase any such commodities;  (2) The transfer of excess commodities within the state; and  (3) The sale, lease, or disposal of surplus commodities to not-for-profit organizations under § 22-1-101.
AR Code § 19-11-243 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-243. Proceeds from surplus commodities

 The State Procurement Director shall promulgate rules for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent practicable, to the using agency which had possession of the commodity.
AR Code § 19-11-245 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-245. Debarment or suspension

 (a) Applicability. This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment.  (b)  (1)  (A)  (i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state.  (ii) The debarment shall not be for a period of more than three (3) years.    (B)  (i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment.  (ii) The suspension shall not be for a period exceeding three (3) months.      (2) The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director.    (c) The causes for debarment or suspension because of unsuitability for award of a contract shall be set forth in rules promulgated by the director.  (d) The director or the head of a procurement agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.  (e) Notice of Decision. A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the debarred or suspended person and any other party intervening.  (f) Finality of Decision. A decision under subsection (d) of this section shall be final and conclusive.