reglab/housing_qa huggingface dataset:
AR Code § 19-11-246 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-246. Resolution of contract and breach of contract controversies

 (a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission.  (b)  (1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section.  (2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director.    (c)  (1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.  (2) The decision shall state the reasons for the action taken.    (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.  (e) The decision under subsection (c) of this section shall be final and conclusive.  (f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.
AR Code § 19-11-247 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-247. Remedies for unlawful solicitation or award

 (a) The provisions of this section apply where it is determined upon any review provided by law that a solicitation or award of a contract is in violation of law.  (b) If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:  (1) Cancelled; or  (2) Revised to comply with the law.    (c) If after an award it is determined that a solicitation or award of a contract is in violation of law, then in addition to or in lieu of other remedies provided by law:  (1) If the person awarded the contract has not acted fraudulently or in bad faith:  (A) The contract may be ratified and affirmed if it is determined that doing so is in the best interests of the state; or  (B) The contract may be terminated;    (2) If the person awarded the contract has acted fraudulently or in bad faith:  (A) The contract may be declared null and void; or  (B) The person awarded the contract may be directed to proceed with performance of the contract and pay such damages, if any, as may be appropriate if such action shall be in the best interests of the state.      (d) Before a contract is ratified and affirmed under subdivision (c)(1)(A) of this section, a contract shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review if the contract is required to be submitted for review under § 19-11-1006 [repealed].
AR Code § 19-11-248 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-248. Finality of administrative determinations

 In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the extent provided in:   (1) Section 19-11-239, which refers to finality of determinations;  (2) Section 19-11-244(e), which refers to resolution of protested solicitations and awards, finality of decision;  (3) Section 19-11-245(f), which refers to debarment or suspension, finality of decision; and  (4) Section 19-11-246(e), which refers to resolution of contract and breach of contract controversies, finality of decision.
AR Code § 19-11-249 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-249. Cooperative purchasing

 (a)  (1) A public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of commodities or services in accordance with an agreement entered into between the participants.  (2)  (A) A cooperative purchasing agreement is limited to commodities and services for which the public procurement unit may realize savings or material economic value, or both.  (B)  (i) For cooperative purchasing agreements entered into by a state agency, the State Procurement Director shall consider the economic justification for using a cooperative purchasing agreement when granting or withholding approval for the cooperative purchasing agreement.  (ii) The director shall adopt rules to create a review policy outlining how the economic justification required under this section may be demonstrated, including without limitation a comparison of:  (a) Current state contract pricing and the pricing under a cooperative purchasing agreement; or  (b) Information obtained from a request for information and pricing under a cooperative purchasing agreement.      (C) The director and the Secretary of the Department of Finance and Administration shall submit any request for the Office of State Procurement or the Department of Finance and Administration, respectively, to participate in a cooperative purchasing agreement to the Governor for approval.      (b)  (1)  (A) The director shall present an annual report of all purchases made under cooperative purchasing agreements by a state agency without an agency procurement official under this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee.  (B) A state agency that has an agency procurement official shall present an annual report of all purchases made under cooperative purchasing agreements under this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee.    (2) The reports required under this subsection shall be in the format required by the Legislative Council and shall include the following:  (A) The name of the contractor;  (B) The name of the procuring agency;  (C) The contact information for the contractor and procuring agency;  (D) The total cost of the contract, including all available extensions;  (E) A description of the goods or services procured; and  (F) Any other information requested by the Legislative Council or the Joint Budget Committee.      (c) A contractor shall cooperate with the director in providing information necessary for the director to complete the report required under subsection (b) of this section.
AR Code § 19-11-250 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-250. Sale, etc., of commodities

 Any public procurement unit by agreement with another public procurement unit may sell to, acquire from, or use any commodities belonging to or produced by another public procurement unit or external procurement activity independent of the requirements of:   (1) Sections 19-11-204, 19-11-228 — 19-11-240, and 19-11-263, which refer to source selection and contract formation; and  (2) Sections 19-11-205, 19-11-242, and 19-11-243, which refer to commodity management.
AR Code § 19-11-251 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-251. Intergovernmental use of commodities or services

 Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon between the parties and in accordance with the rules promulgated under this subchapter, independent of the requirements of:   (1) Sections 19-11-204, 19-11-228 — 19-11-240, and 19-11-263 that refer to source selection and contract formation; and  (2) Sections 19-11-205, 19-11-242, and 19-11-243 that refer to commodity management.
AR Code § 19-11-252 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-252. Rules

 The State Procurement Director may promulgate reasonable rules pertaining to the sale or acquisition of any commodities, technical and general services, or professional and consultant services belonging to or produced by another public procurement unit or external procurement activity as authorized in §§ 19-11-206 and 19-11-249 — 19-11-258.
AR Code § 19-11-253 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-253. Joint use of facilities

 Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.
AR Code § 19-11-254 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-254. State information services

 (a) Upon request, the State Procurement Director may make available to public procurement units the following services, among others:  (1) Standard forms;  (2) Printed manuals;  (3) Product specifications and standards;  (4) Quality assurance testing services and methods;  (5) Qualified products lists;  (6) Source information;  (7) Common use commodities listings;  (8) Supplier prequalification information;  (9) Supplier performance ratings;  (10) Debarred and suspended bidders lists;  (11) Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions, and other contract forms; and  (12) Contracts, or published summaries thereof, including price and time of delivery information.    (b) The director may enter into contractual arrangements and publish a schedule of fees for the services provided under this section.
AR Code § 19-11-255 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-255. Use of payments received

 All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying services shall be available to the supplying public procurement unit.
AR Code § 19-11-256 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-256. Compliance by public procurement units

 (a) Procurement in Accordance with Requirements. When the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of this subchapter, any public procurement unit participating in such a purchase shall be deemed to have complied with this subchapter.  (b) When a public procurement unit or external procurement activity not subject to this subchapter administers a cooperative purchase for a public procurement unit subject to this subchapter, then the State Procurement Director must determine in writing that the procurement system and remedies procedures of the public procurement unit or external procurement activity administering the procurement substantially meet the requirements of this subchapter.
AR Code § 19-11-257 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-257. Review of procurement requirements

 (a)  (1) To the extent possible and consistent with efficiency, the State Procurement Director shall collect information concerning the type, cost, quality, and quantity of commonly used commodities or services being procured or used by state public procurement units.  (2) The director may also collect such information from local public procurement units.    (b) The director may make available all such information to any public procurement unit upon request.
AR Code § 19-11-258 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-258. Contract controversies

 Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 — 19-11-248, which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 — 19-11-248.
AR Code § 19-11-261 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-261. Cooperative purchase of paper products for local governments

 (a)  (1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products.  (2) The program shall be administered by the State Procurement Director.    (b)  (1) The director shall promulgate rules for administration of the program.  (2) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the committees.
AR Code § 19-11-262 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-262. Multiple award contracts

 (a)  (1) Multiple award contracts may be made only if the State Procurement Director or an agency procurement official determines in writing that a single award is not advantageous to the State of Arkansas.  (2) The determination shall state in writing a rationale and basis for the multiple award contract.  (3) Multiple award contracts shall be limited to the least number of suppliers necessary to meet the requirements of the using agencies.    (b) If the director anticipates that multiple award contracts will be made, the invitation for bids shall include a notification of the right of the office to make such an award and the criteria upon which such an award will be based.
AR Code § 19-11-263 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-263. Special procurements

 (a) Notwithstanding any other provision of this subchapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above the competitive bid amount specified in § 19-11-234, when the officer determines that an unusual or unique situation exists that makes the application of all requirements of competitive bidding, competitive sealed bidding, or competitive sealed proposals contrary to the public interest.  (b) A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the director or the head of a procurement agency in the contract file, and he or she shall file a monthly report with the Legislative Council describing all such determinations.
AR Code § 19-11-264 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-264. Submission of contracts with members of General Assembly required

 (a) All contracts with a member of the General Assembly, his or her spouse, or with any business in which such person or his or her spouse is an officer, a director, or a stockholder owning more than ten percent (10%) of the stock in the business shall be presented to the Legislative Council or to the Joint Budget Committee, if the General Assembly is in session, before the execution date of the contract.  (b) The Legislative Council or the Joint Budget Committee shall provide the State Procurement Director and the Executive Director of the Arkansas Ethics Commission with its review as to the propriety of the contract, including without limitation whether the agency properly complied with the procurement process and whether the contract represents an improper conflict of interest between the member and the agency, within thirty (30) days after receipt of the proposed contract.  (c) The contract shall not be submitted to the Legislative Council or to the Joint Budget Committee until the Department of Transformation and Shared Services has reviewed the contract and provided the Legislative Council or the Joint Budget Committee with a recommendation regarding the legality of the contract.
AR Code § 19-11-266 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-266. High efficiency lighting — Preference — Definitions

 (a)  (1) The General Assembly finds:  (A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities;  (B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usage; and  (C) Prudent use of taxpayer dollars dictates that the State of Arkansas should be at the forefront of implementing energy-efficient devices in facilities operated with public funds.    (2) The intent of this section is to promote the use of high efficiency lighting in facilities operated with public funds when feasible.    (b) As used in this section:  (1)  (A) “Fluorescent lamp” means a gas-discharge lamp that:  (i) Utilizes a magnetic, electronic, or other ballast; and  (ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light.    (B) “Fluorescent lamp” includes without limitation a compact fluorescent lamp;    (2) “High efficiency lighting” means fluorescent lamp or solid state lighting;  (3) “Solid state lighting” means a light device that utilizes light-emitting diodes, organic light-emitting diodes, or polymer light-emitting diodes as sources of illumination rather than electrical filaments or gas; and  (4)  (A) “State agency” means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds.  (B) “State agency” includes the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts.      (c) Whenever a state agency purchases or requires a bid for the purchase of an indoor lamp, a preference for high efficiency lighting shall be exercised if the use of high efficiency lighting is technically feasible and the price is competitive with consideration given to the long-term cost effectiveness and savings of high efficiency lighting.  (d)  (1) The goal of state agencies for the percentage of purchased indoor lamps that are high efficiency lighting shall be one hundred percent (100%) by January 1, 2008.  (2) The Office of State Procurement shall prepare an annual report to the Legislative Council of the state's progress in meeting the goals for the purchase of high efficiency lighting.
AR Code § 19-11-267 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 2 - Arkansas Procurement Law|§ 19-11-267. Development and use of performance-based contracts — Findings

 (a) The General Assembly finds that:  (1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and  (2) The practice of including benchmark objectives that the provider must attain at specific intervals during the term of the contract is an essential requirement for measuring performance.    (b)  (1) A state agency, board, commission, or institution of higher education that enters into a contract under this chapter to procure services that has a contract amount of at least one million dollars ($1,000,000) in a single contract year or a total projected contract amount, including any amendments to or possible extensions of the contract, of at least seven million dollars ($7,000,000) shall use performance-based standards in the contract that are specifically tailored to the services being provided under the contract.  (2) The performance-based standards used under this subsection shall include performance measures based on objective factors.  (3) A state agency, board, commission, or institution of higher education is encouraged to use performance-based standards that are based on objective factors in any other contract in which it would serve the best interest of the state.    (c) A state agency, board, commission, or institution of higher education that enters into a contract with performance-based standards:  (1)  (A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract.  (B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and    (2) May impose financial consequences, as identified in the contract, on a vendor that is party to a contract with performance-based standards for failure to satisfy the performance-based standards, including without limitation withholding payment or pursuing liquidated damages to the extent allowed by law.    (d)  (1) The State Procurement Director shall promulgate rules necessary to implement and administer this section.  (2) Rules promulgated under this subsection are subject to approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.