reglab/housing_qa huggingface dataset:
AR Code § 19-11-1206 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 12 - Guaranteed Energy Cost Savings Act|§ 19-11-1206. Guaranteed energy cost savings contract requirements

 (a) The following provisions are required in a guaranteed energy cost savings contract:  (1) A statement that the state agency shall maintain and operate the energy cost savings measures as defined in the guaranteed energy cost savings contract; and  (2) A guarantee by the qualified provider that:  (A) The energy cost savings and operational cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy cost savings measures; and  (B) If the annual energy or operational cost savings fail to meet or exceed the annual costs of the energy cost savings measure as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the state agency for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.      (b)  (1) If a guaranteed energy cost savings contract includes energy cost savings measures that possess either an active equipment warranty period or a combined useful life in excess of twenty (20) years, a guaranteed energy cost savings contract may be extended to the length of the:  (A) Equipment warranty period; or  (B) Weighted useful life of the relevant energy cost savings measures.    (2) A guaranteed energy cost savings contract shall not exceed twenty (20) years without approval of the Arkansas Energy Office of the Division of Environmental Quality.    (c) Before entering into a guaranteed energy cost savings contract, the state agency shall require the qualified provider to file with the state agency a payment and performance bond or similar assurance as provided under § 19-11-235.
AR Code § 19-11-1207 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 12 - Guaranteed Energy Cost Savings Act|§ 19-11-1207. Administration of subchapter — Fees

 (a) The Arkansas Energy Office of the Division of Environmental Quality shall administer this subchapter.  (b) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this subchapter to include without limitation the following:  (1) Standards for measuring and verifying the performance of energy cost savings measures;  (2) A standard contract form for use by a state agency in entering into a guaranteed energy cost savings contract;  (3) The adoption of the International Performance Measurement and Verification Protocol as it existed on a specific date; and  (4) To establish and collect a reasonable fee to cover the costs of administering this subchapter.
AR Code § 19-11-1208 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 12 - Guaranteed Energy Cost Savings Act|§ 19-11-1208. Use of maintenance and operation appropriations

 (a) Notwithstanding any law to the contrary, a state agency may utilize maintenance and operations appropriations for the payment of equipment and energy cost savings measures required by a guaranteed energy cost savings contract.  (b) An energy cost savings measure shall be treated as an energy efficiency project under Arkansas Constitution, Amendment 89.
AR Code § 19-11-1301 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 13 - Partial Equity Ownership Agreement Executed by a State Retirement System|§ 19-11-1301. Definition

 As used in this subchapter, “partial equity ownership agreement” means an agreement with a legal entity, including without limitation a partnership, a limited partnership, a limited liability company, or similar legal entity that:   (1) Includes a state retirement system as a partner, a limited partner, or a partial owner;  (2) Creates an equity interest or ownership position for the state retirement system; and  (3) Utilizes retirement trust funds that are not appropriated by the General Assembly.
AR Code § 19-11-1302 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 13 - Partial Equity Ownership Agreement Executed by a State Retirement System|§ 19-11-1302. Review of partial equity ownership agreements

 (a) A partial equity ownership agreement is subject to review by submission of the partial equity ownership agreement to the Office of State Procurement and the Legislative Council under this section.  (b) Since the partial equity ownership agreement is fundamentally and substantially different from a state contract for commodities, goods, and services that are reviewed under the Arkansas Procurement Law, § 19-11-201 et seq., or other contract that is reviewed under subchapters 1-12 of this chapter, and since the partial equity ownership agreement is utilizing retirement trust funds that are not appropriated by the General Assembly, the partial equity ownership agreement is not subject to:  (1) A limitation of the term or duration of the partial equity ownership agreement; or  (2) An annual renewal clause.    (c) When submitting a partial equity ownership agreement for review, the state retirement system shall provide information that includes without limitation:  (1) The managing parties to the partial equity ownership agreement;  (2) The state retirement system's interest and ownership in the partial equity ownership agreement;  (3) The reason for the formation of or entry into the partial equity ownership agreement;  (4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 — 24-2-619;  (5) The anticipated date of implementation of the partial equity ownership;  (6) The anticipated termination date of the partial equity ownership agreement; and  (7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.
AR Code § 19-11-1303 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 13 - Partial Equity Ownership Agreement Executed by a State Retirement System|§ 19-11-1303. Imminent need to enter into partial equity ownership agreement

 (a) In lieu of a review under § 19-11-1302, a partial equity ownership agreement that necessitates immediate formation shall be reviewed by the Office of State Procurement and the Legislative Council under this section.  (b)  (1) The board of trustees of a state retirement system may enter into a partial equity ownership agreement or substantially alter the terms of an existing partial equity ownership agreement if the board of trustees passes a resolution that:  (A) Determines an imminent need to immediately form or enter into the partial equity ownership agreement;  (B) Deems it financially appropriate to immediately form or enter into a partial equity ownership agreement; and  (C) Concludes that to forego the opportunity to promptly implement the board of trustees' investment directives under the prudent investor rule as set out in §§ 24-2-610 — 24-2-619 would be inconsistent with the board of trustees' fiduciary duty of care to the retirants.    (2) The board of trustees of the state retirement system shall provide the office and the Legislative Council with a copy of the resolution under subsection (a) of this section within five (5) business days of the passage of the resolution.    (c) For a partial equity ownership agreement reviewed under this section, the retirement system shall submit information to the office and the Legislative Council within thirty (30) days of the passage of the resolution that discloses:  (1) The managing parties to the partial equity ownership agreement;  (2) The state retirement system's interest and ownership in the partial equity ownership agreement;  (3) The reason for the immediate formation or entry into a partial equity ownership agreement;  (4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 — 24-2-619;  (5) The anticipated date of implementation;  (6) The anticipated termination date of the partial equity ownership agreement; and  (7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.    (d) As may be reasonably required by the Legislative Council, a member of the board of trustees, the director of the respective state retirement system, or the director's appointee shall appear at the next scheduled meeting of the Legislative Council after the receipt of the information under subsection (c) of this section to present the information and explain the details of the partial equity ownership agreement.
AR Code § 19-11-1304 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 13 - Partial Equity Ownership Agreement Executed by a State Retirement System|§ 19-11-1304. Retrospective review of partial equity ownership agreement to ensure disclosure

 (a) Before April 7, 2009, if a state retirement system has entered into a partial equity ownership agreement that has not been submitted previously for review under § 19-11-101 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., or § 19-11-801 et seq., then the partial equity ownership agreement shall be reviewed retrospectively under this section.  (b) The board of trustees of a state retirement system shall submit information that the Office of State Procurement or the Legislative Council may reasonably require to allow a retrospective review of a partial equity ownership agreement under this section.
AR Code § 19-11-1401 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1401. Title

 This subchapter shall be known and may be cited as the “Construction Manager-General Contractor Method of Procurement Pilot Program”.
AR Code § 19-11-1402 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1402. Legislative findings

 The General Assembly finds that:   (1) An efficient transportation system is critical for Arkansas's economy and the quality of life of the state's residents;  (2) Transportation projects are costly and the revenues currently available for highways and local roads are inadequate to preserve and maintain existing infrastructure and to provide funds for highway improvements;  (3) The State Highway Commission has developed an alternative, cost-effective, procurement procedure for transportation projects performed by the commission and the Arkansas Department of Transportation;  (4) A construction manager-general contractor method allows the commission to engage a construction manager:  (A) To assist during the design and development process of the transportation project, including without limitation to provide input concerning the transportation project's:  (i) Design;  (ii) Scheduling;  (iii) Pricing; and  (iv) Phasing; and    (B) Who may subsequently become the general contractor and construct the transportation project if the parties agree on a guaranteed maximum price; and    (5) The cost-effective benefits are achieved by shifting the liability and risk for cost containment and transportation project scheduling to the construction manager, which leads many states to call this method the “construction manager at-risk method”.
AR Code § 19-11-1403 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1403. Definitions

 As used in this subchapter:   (1) “Authorized contingency” means a provision prepared and submitted by the construction manager-general contractor as part of the guaranteed maximum price that is designed to cover costs that may result from:  (A) Incomplete design;  (B) Unforeseen and unpredictable conditions; or  (C) Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties;    (2) “Construction manager-general contractor” means a business firm or a legal entity selected by the Director of State Highways and Transportation to act as a construction manager to provide preconstruction services during the design and development phase of a transportation project;  (3) “Construction manager-general contractor method” means a transportation project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services and may subsequently construct the whole transportation project or any part of the transportation project as the general contractor if the Arkansas Department of Transportation and the construction manager-general contractor reach an agreement on a guaranteed maximum price;  (4) “Guaranteed maximum price” means:  (A) The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's:  (i) Direct costs;  (ii) Overhead;  (iii) Profit; and  (iv) Any authorized contingency; and    (B) Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;    (5) “Preconstruction services” means work, labor, or services, including services furnished in connection with the design and development of a transportation project before the construction phase, including without limitation:  (A) Cost estimates;  (B) Schedule analysis;  (C) Sequencing of work;  (D) Risk identification and mitigation;  (E) Constructability reviews;  (F) Evaluation of alternative construction options;  (G) Assistance with various permits;  (H) Coordination with public or private utility service providers;  (I) Communication with third-party stakeholders or the public; and  (J) Development of a guaranteed maximum price; and    (6) “Request for proposals” means a document or publication soliciting proposals for a contract for construction of a transportation project between a construction manager-general contractor and the department.
AR Code § 19-11-1404 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1404. Construction Manager-General Contractor Method of Procurement Pilot Program — Creation

 (a) The State Highway Commission may develop a Construction Manager-General Contractor Method of Procurement Pilot Program to test the utilization of the construction manager-general contractor method as a cost-effective option for constructing transportation projects.  (b)  (1) During the term of the program the commission may select a total of five (5) transportation projects on which to utilize the construction manager-general contractor method.  (2)  (A) The sum of the construction cost estimates prepared as required under § 19-11-1407 of all five (5) construction manager-general contractor method transportation projects shall not exceed two hundred million dollars ($200,000,000).  (B) A construction cost estimate of a construction manager-general contractor method transportation project shall not exceed one hundred million dollars ($100,000,000).      (c) The Director of State Highways and Transportation shall send written notice identifying the transportation project and the reasons for deciding to apply the construction manager-general contractor method to that specific transportation project to:  (1) The Chair of the House Committee on Public Transportation; and  (2) The Chair of the Senate Committee on Public Transportation, Technology, and Legislative Affairs.    (d) The program established under this subchapter shall terminate no later than June 30, 2024.
AR Code § 19-11-1405 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1405. Project selection

 If the Arkansas Department of Transportation determines that a construction manager-general contractor method of procurement is appropriate for a transportation project, the department shall establish a procedure for awarding the contract for construction of the construction manager-general contractor method transportation project using the criteria listed in § 19-11-1406.
AR Code § 19-11-1406 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1406. Request for proposals

 (a) A request for proposals under this subchapter shall include without limitation the following:  (1) The minimum qualifications of the construction manager-general contractor;  (2) The procedures for submitting a proposal to the Arkansas Department of Transportation, the criteria for the evaluation of and selection of a construction manager-general contractor to perform preconstruction services, and the relative weight assigned for each criteria as indicated in a technical scoring matrix;  (3) The form of the contract to be awarded for preconstruction services;  (4) A listing of the types and scope of the preconstruction services that will be required;  (5) The scope of the intended contract;  (6) The budget limits for the transportation project and the preconstruction services;  (7) The method of payment and structure of fees for the preconstruction services;  (8) A requirement that the construction manager-general contractor submit relevant information regarding any licenses, registration, or credentials that may be required to construct the transportation project;  (9) A requirement that the construction manager-general contractor provide evidence that establishes that the construction manager-general contractor is capable of obtaining the required bonding and insurance;  (10) A requirement that the construction manager-general contractor submit information concerning the debarment or default from a federal, state, or local government transportation project within the past five (5) years;  (11) A requirement that the construction manager-general contractor provide information concerning the bankruptcy or receivership of any of its members, including information concerning any work completed by a surety;  (12) A requirement that the construction manager-general contractor provide evidence of competency, capability, and capacity to complete a transportation project of similar size, scope, or complexity; and  (13) A prohibition that excludes a person or firm that has received compensation for assisting the department in preparing the request for proposals from submitting a proposal in response to the request for proposals or participating as a construction manager-general contractor team member.    (b) A request for proposals under this subchapter shall not:  (1) Require that the construction manager-general contractor have prior experience with any particular transportation project procurement method as a condition for submitting a proposal; and  (2) Give any preference for any particular contract delivery method in the scoring of a proposal.    (c) The department shall:  (1) Send a written notice of award to the best-evaluated construction manager-general contractor; or  (2) Send to all the construction manager-general contractors that submitted a proposal a written notice that all proposals have been rejected.
AR Code § 19-11-1407 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1407. Construction manager-general contractor selection

 (a) The Arkansas Department of Transportation shall:  (1) Prepare contract plans, specifications, special provisions, and other requirements composing the contract for construction of a transportation project elected for procurement using the construction manager-general contract method authorized by this subchapter;  (2) Prepare a detailed construction cost estimate to evaluate the appropriate price for the construction of the transportation project;  (3) If requested by the Director of State Highways and Transportation, have an independent third-party cost estimator prepare a detailed construction cost estimate to confirm the appropriate price for the construction of the transportation project;  (4) Include in the contract created by subdivision (a)(1) of this section a requirement that the construction manager-general contractor perform at least thirty percent (30%) of the total cost for construction, not including the preconstruction work performed by the construction manager-general contractor; and  (5)  (A) Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded.  (B) Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., but only until after the contract has been awarded.      (b) A construction manager-general contractor shall submit to the department a guaranteed maximum price for the construction of the transportation project using the contract plans, specifications, special provisions, and other requirements prepared by the department as required by subdivision (a)(1) of this section.  (c) The department may award the contract to a construction manager-general contractor if the guaranteed maximum price does not exceed the cost estimate provided by the department or independent third party by more than ten percent (10%).  (d) If the director rejects the proposed guaranteed maximum price, the department may:  (1) Work with the construction manager-general contractor to find a guaranteed maximum price that is acceptable to both parties; or  (2) Request that the construction manager-general contractor provide additional preconstruction services and submit a new guaranteed maximum price as directed by this section.    (e) If the department does not award the contract to a construction manager-general contractor, the department may proceed with the transportation project using a procurement process authorized by law.
AR Code § 19-11-1408 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 11 - Purchasing and Contracts|Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program|§ 19-11-1408. Rules

 The State Highway Commission and the Arkansas Department of Transportation may promulgate rules to implement and administer this subchapter.
AR Code § 19-12-101 (2020)
2020 Arkansas Code|Title 19 - Public Finance|Chapter 12 - Tobacco Settlement Proceeds Act|Subchapter 1 - Tobacco Settlement Proceeds Act|§ 19-12-101. Title

 This chapter may be referred to and cited as the “Tobacco Settlement Proceeds Act”.