reglab/housing_qa huggingface dataset:
AR Code § 22-9-602 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 6 - Retainage|§ 22-9-602. When subchapter not applicable

 The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets.
AR Code § 22-9-603 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 6 - Retainage|§ 22-9-603. Waiver of subchapter provisions prohibited

 The parties to a construction contract to which this subchapter is applicable shall have no authority to vary or waive the provisions of this subchapter by agreement of the parties.
AR Code § 22-9-604 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 6 - Retainage|§ 22-9-604. Procedure

 (a)  (1)  (A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract.  (B)  (i) A public agency may forego withholding retainage of the progress payments if:  (a) The construction contract is fifty-percent (50%) complete;  (b) The contractor has provided the work in a satisfactory manner; and  (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i)(a) and (b) of this section.    (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.      (2) If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed.    (b)  (1) In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract.  (2) Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys.    (c) All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed.  (d) In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment.
AR Code § 22-9-701 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 7 - Displaced Persons|§ 22-9-701. Relocation assistance and payments

 When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
AR Code § 22-9-702 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 7 - Displaced Persons|§ 22-9-702. Payments not compensation for realty taken

 Any payment made under the authority granted in § 22-9-701 shall be for compensating or reimbursing the displaced person in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the payments shall not, for any purpose, be deemed or considered compensation for real property acquired or as compensation for damages to remaining real property.
AR Code § 22-9-801 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-801. Title

 This subchapter shall be known and may be cited as the “Fair and Open Competition in Governmental Construction Act”.
AR Code § 22-9-802 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-802. Legislative intent

 The General Assembly intends that this subchapter:   (1) Provide for the efficient procurement of goods and services by governmental units;  (2) Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects;  (3) Provide for fair and open competition for construction contracts, grants, tax abatements, and tax credits awarded by governmental units;  (4) Prohibit requirements for certain terms in construction contracts awarded by governmental units or supported through grants and tax subsidies and abatements by governmental units;  (5) Prohibit expenditure of public funds under certain conditions;  (6) Prohibit certain terms in procurement documents for certain expenditures by governmental units involving public facilities; and  (7) Provide powers and duties for certain public officers, employees, and contractors.
AR Code § 22-9-803 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-803. Definitions

 As used in this subchapter:   (1) “Public agency” means:  (A) An agency of the State of Arkansas;  (B) An agency of a county, city, town, school district, or other political subdivision of the state;  (C) A public trust;  (D) A public entity specifically created by a statute of this state; and  (E) A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and    (2)  (A) “Public improvement” means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes.  (B) “Public improvement” does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.
AR Code § 22-9-804 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-804. Public agency construction contracts — Prohibited terms

 A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:   (1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or  (2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.
AR Code § 22-9-805 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-805. Grants, tax abatements, and tax credits — Prohibited terms

 A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in § 22-9-804 in a contract document for construction, improvement, maintenance, or renovation of real property or fixtures that are the subject of the grant, tax abatement, or tax credit.
AR Code § 22-9-806 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-806. Construction document preparation — Prohibited terms

 (a) A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place a term described in § 22-9-804 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of a public improvement.  (b) A term included in a contract in violation of subsection (a) of this section is void.
AR Code § 22-9-807 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-807. Exceptions — Special circumstances

 (a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.  (b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:  (1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or  (2) Employees on the project who are not members of or affiliated with a collective bargaining organization.
AR Code § 22-9-808 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 8 - Fair and Open Competition in Governmental Construction Act|§ 22-9-808. Applicability

 (a) This subchapter does not apply to public construction contracts executed before July 22, 2015.  (b) This subchapter does not:  (1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 — 169;  (2) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 — 169; or  (3) Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if:  (A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and  (B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.
AR Code § 22-9-901 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-901. Title

 This subchapter shall be known and may be cited as the “Fair Notice and Efficiency in Public Works Act”.
AR Code § 22-9-902 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-902. Legislative intent

 The General Assembly intends for this subchapter to:   (1) Provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units;  (2) Promote the economical and efficient administration and completion of public works construction projects;  (3) Provide for an impartial selection process in selecting statewide vendors to administer online advertisements of notices of an intention to receive bids by local governmental units;  (4) Provide for fair and open competition in selecting vendors to accomplish the goals of this subchapter;  (5) Prohibit anticompetitive conduct in vendors, including without limitation a vendor's having a direct interest in one (1) or more of the other vendors awarded a contract under this subchapter; and  (6) Provide significant penalties for an individual or entity that violates this subchapter.
AR Code § 22-9-903 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-903. Definitions

 As used in this subchapter:   (1) “Public agency” means:  (A) A county, city, town, and school district in this state; and  (B) A department, agency, board, bureau, commission, committee, or authority of a county, city, town, or school district; and    (2) “Vendor” means an individual, association, corporation, company, firm, organization, partnership, governmental entity, or any other entity that can provide an online system for the online advertisement of notice of an intention to receive bids under §§ 22-9-203 and 22-9-209.
AR Code § 22-9-904 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-904. Public Works Committee — Creation — Duties — Immunity

 (a)  (1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members:  (A) The State Procurement Director or his or her designee;  (B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee;  (C) The Executive Director of the Association of Arkansas Counties or his or her designee;  (D) The President of the Arkansas Municipal League or his or her designee; and  (E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee.    (2) If a member of the committee elects not to participate:  (A) The Governor shall appoint a replacement; and  (B) The member who elects not to participate is not part of the committee.      (b) The committee shall meet as needed but at least one (1) time each year.  (c) The committee shall:  (1) Administer this subchapter;  (2) Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement;  (3) Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter;  (4) Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and  (5) Perform an annual review and remove any noncompliant vendors under § 22-9-907.    (d) A majority vote of the members of the committee is required for the committee to take action.  (e)  (1) The committee has the same immunity granted to state agencies under the Arkansas Constitution.  (2) The individual members of the committee are immune to the same extent as state employees under § 19-10-305.
AR Code § 22-9-905 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-905. Online notice for bids

 A public agency may contract with a vendor selected under this subchapter to provide online advertisements of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209.
AR Code § 22-9-907 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-907. Annual review — Removal of vendor — Penalties

 (a) The Public Works Committee shall review the performance and compliance of vendors selected under this subchapter.  (b) After reasonable notice to the vendor and a reasonable opportunity for the vendor to have a hearing, the committee may remove a vendor's authority to perform the services provided for under this subchapter if the committee determines that the vendor's performance does not meet the goals of this subchapter.  (c)  (1) A vendor who knowingly violates this subchapter:  (A) Upon conviction is guilty of a Class B misdemeanor;  (B) Is prohibited from performing services under this subchapter or being selected as a vendor under this subchapter for five (5) years; and  (C) Shall pay damages to any public agency, person, or entity that is found to have ascertainable damages as a result of the vendor's violation of this subchapter.    (2) The Office of State Procurement shall maintain a list of vendors that are prohibited from performing services.
AR Code § 22-9-908 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-908. Replacement of vendor

 (a) A vendor shall be replaced as soon as practicable using the procedure established under § 22-9-906 if the vendor:  (1) Is unable to perform the services required under this subchapter;  (2) Has its authority to perform the services provided for under this subchapter removed under § 22-9-907; or  (3) Is otherwise no longer performing the services required under this subchapter.    (b) If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under § 22-9-907, the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days.  (c) An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under § 22-9-907 shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids.
AR Code § 22-9-909 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 9 - Fair Notice and Efficiency in Public Works Act|§ 22-9-909. Multiyear contracts

 A contract with a vendor under this subchapter is subject to the restrictions of § 19-11-238.
AR Code § 22-10-101 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 10 - Partnership for Public Facilities and Infrastructure Act|Subchapter 1 - General Provisions|§ 22-10-101. Title

 This chapter shall be known and may be cited as the “Partnership for Public Facilities and Infrastructure Act”.
AR Code § 22-10-102 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 10 - Partnership for Public Facilities and Infrastructure Act|Subchapter 1 - General Provisions|§ 22-10-102. Legislative findings — Purpose

 The General Assembly finds that:   (1) There is a public need for the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of public infrastructure and government facilities within the state that serve a public purpose;  (2) The public need for government facilities and public infrastructure may not be satisfied by existing methods of procurement or funding available to the state;  (3) There are inadequate resources to develop public infrastructure and government facilities for the benefit of citizens of the state, and there is demonstrated evidence that public-private partnerships can:  (A) Promote the timely and cost-efficient development of public infrastructure and governmental facilities;  (B) Provide alternative and innovative funding sources to governmental entities; and  (C) Allow governmental entities to leverage and supplement the developmental cost of public infrastructure and governmental facilities through private funding and participation by the private sector in governmental incentive and tax programs that are not otherwise available to governmental entities; and    (4) It is necessary to authorize the formation of public-private partnerships that may result in the ability to develop private projects for public infrastructure and government facilities in a more cost-efficient and timely manner, resulting in increased benefits to the public safety and welfare of the citizens of the state and substantial cost benefits to the governmental entities and the public.
AR Code § 22-10-104 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 10 - Partnership for Public Facilities and Infrastructure Act|Subchapter 1 - General Provisions|§ 22-10-104. Construction — Supplemental nature — Intent

 (a) This chapter:  (1) Shall be liberally construed to effectuate its purpose; and  (2) Is supplemental to all other powers conferred by law and does not restrict or limit any powers that a public entity has under any other law of this state.    (b) It is the intent of this chapter to provide an alternative method of developing qualifying projects for public entities.
AR Code § 22-10-105 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 10 - Partnership for Public Facilities and Infrastructure Act|Subchapter 1 - General Provisions|§ 22-10-105. Application

 This chapter does not apply to projects of the Arkansas Department of Transportation.
AR Code § 22-10-201 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 10 - Partnership for Public Facilities and Infrastructure Act|Subchapter 2 - Proposals for Qualifying Projects|§ 22-10-201. Responsible public entity

 (a) Before issuing a request for proposals or an invitation for bids, a public entity shall:  (1) Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and  (2) Be designated as the responsible public entity for purposes of developing the qualifying project.    (b) A responsible public entity shall:  (1) Adopt and make publicly available guidelines that are consistent with the rules promulgated under this chapter before issuing a request for proposals or an invitation for bids for a qualifying project under this chapter; and  (2) Identify a representative of the responsible public entity who is available to meet with private entities that are considering submitting a proposal.