reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 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.
Amended by Act 2019, No. 418,§ 4, eff. 7/24/2019.
Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-268 - Vendor performance reporting

(a)
(1)
A state agency shall report a vendor's performance under a contract executed under this chapter if the vendor fails to satisfy the performance-based standards stated in the contract in a manner that represents a material deviation.
(2)
A state agency shall use a form prescribed by the State Procurement Director and approved by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, to report a vendor's performance under this section.
(b)
The report required under this section shall be:
(1)
Filed with the Office of State Procurement and maintained for a minimum of three (3) years from the termination of the relevant contract, including any extensions and amendments;
(2)
Signed by the director of the state agency or his or her designee; and
(3)
Filed monthly until the vendor has performed satisfactorily under the contract for a period of at least ninety (90) consecutive days.
(c)
A state agency may report a vendor's performance in the manner prescribed under this section for any contract that would not require reporting of a vendor's performance under this section if the state agency encounters an issue with the vendor's performance of a contract.
(d)
A state agency may use a vendor performance report submitted under this section to evaluate an offeror to the extent that the past performance of an offeror may be considered under the law and the rules adopted by the office.
Amended by Act 2019, No. 418,§ 4, eff. 7/24/2019.
Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-269 - Review of information technology plans

The Office of State Procurement shall ensure that all required information has been submitted to the Office of Intergovernmental Services for review of proper planning and technical requirements before the execution of:
(1)
A contract issued under this subchapter that procures information technology products or services with a total projected contract amount, including any amendments to or possible extensions of the contract, of at least one hundred thousand dollars ($100,000); or
(2)
A purchase of information technology products or services made under a cooperative purchase agreement under §
19-11-249
.
Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-270 - Penalty for intentional violation

A person who purposely violates state procurement laws, Arkansas Code Title 19, Chapter 11, upon conviction is guilty of a Class D felony.
Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-271 - Compliance reporting

(a)
Each report required under this subchapter shall be copied to the Secretary of the Department of Transformation and Shared Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, §
19-1-601
et seq.
(b)
If the secretary determines that a state agency, agency procurement official, or state official or employee may be in violation of the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, §
19-1-601
et seq., the secretary shall notify the chief executive officer of the relevant state agency.
Amended by Act 2019, No. 910,§ 3473, eff. 7/1/2019.
Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-272 - Experience requirement - Findings

(a)
(1)
The General Assembly finds that:
(A)
An invitation for bids, a request for proposals, and a request for qualifications often require that bidders and offerors have a certain amount of experience to qualify;
(B)
These experience requirements often apply to the business of the bidder or offeror rather than the key personnel of the bidder or offeror;
(C)
As a result, new businesses with highly qualified personnel often do not qualify to compete for state contracts even though the executives and employees of the business have the experience required; and
(D)
It is in the best interests of the state to encourage new businesses and to seek out the most qualified people to provide products and services to the state.
(2)
The General Assembly intends for this section to:
(A)
Encourage entrepreneurship;
(B)
Level the playing field for new businesses to compete for business opportunities; and
(C)
Enable new businesses with highly qualified personnel to compete for state contracts.
(b)
If an invitation for bids, a request for proposals, or a request for qualifications under this chapter requires a certain amount of experience or a certain number of years in existence for the bidder or offeror, the requirement shall be satisfied by either:
(1)
(A)
The amount of experience of the bidder or offeror.
(B)
A bidder or offeror may use the combined experience of its owners or senior executive staff to satisfy the requirement under subdivision (b)(1)(A) of this section; or
(2)
The combined amount of experience of the key personnel of the bidder or offeror that will be responsible for satisfying the requirements of the contract to be procured.
(c)
(1)
However, before the issuance of an invitation for bids, a request for proposals, or a request for qualifications, the Office of State Procurement or a procurement agency may determine in writing that the combined experience of the key personnel of a bidder or offeror under subdivision (b)(2) of this section would be insufficient to adequately satisfy the requirements of the invitation for bids, request for proposals, or request for qualifications.
(2)
A written determination under subdivision (c)(1) of this section shall include the following:
(A)
A specific description of the products or services that the Office of State Procurement or procurement agency seeks to procure; and
(B)
A detailed statement of the reasons the combined experience of the key personnel of a bidder or offeror would be insufficient.
Added by Act 2015, No. 281,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-273 - Procurements for services in designated positions and designated financial and information technology positions

A contract for services with a person employed or entity employing persons in a designated position or designated financial or information technology position as defined in §
21-15-101
shall require compliance with the registry records check and criminal history records check laws under §
21-15-101
et seq.
Added by Act 2019, No. 318,§ 4, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-274 - Reporting requirements

(a)
The State Procurement Director shall compile a monthly report of all executed contracts for services that have a total initial contract amount or a total projected contract amount, including any amendments or possible extensions, of at least twenty-five thousand dollars ($25,000) but less than an annual contract amount of fifty thousand dollars ($50,000) in any one (1) contract year or a total projected contract amount, including any amendments or possible extensions, of three hundred fifty thousand dollars ($350,000).
(b)
A contract that is procured by a state agency that has a state agency procurement official or procurement authority under a delegation order is subject to the reporting requirements under this section.
(c)
The State Procurement Director shall adopt rules to:
(1)
Prescribe a cover sheet for the report required under this section that sorts and identifies contracts within the report that may be candidates for review;
(2)
Create instructions for completing the cover sheet prescribed under subdivision (c)(1) of this section; and
(3)
Provide for the identification of any contracts included in the report that may need to be reviewed under §
19-11-265
.
(d)
It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to procure services in an incremental or split purchase arrangement to avoid the reporting requirements of this section.
Added by Act 2019, No. 417,§ 8, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-275 - Tracking requirements

(a)
The State Procurement Director, each agency procurement official, and any state agency with procurement authority under a delegation order shall track the following for the procurements they conduct and the contracts they execute:
(1)
Each protest received and the resolution of the protest;
(2)
The outcome of any negotiations under this chapter; and
(3)
The anticipated procurement needs of the state agency based on the contracts that:
(A)
Are set to expire during the next twelve (12) months; and
(B)
Will require a new solicitation in the next twelve (12) months.
(b)
Each agency procurement official and each state agency with procurement authority under a delegation order shall report the information obtained under subsection (a) of this section to the Office of State Procurement.
Added by Act 2019, No. 417,§ 8, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-276 - Compliance

(a)
A contractor shall ensure, in cooperation with a state agency, that the contract between the contractor and the state agency adheres to the requirements of this chapter, including without limitation the inclusion of any mandatory language and the submission of the contract for any required review.
(b)
The signature of a contractor on a contract with a state agency serves as an acknowledgement that the contractor is:
(1)
Equally responsible with the state agency for adhering to the requirements of this chapter related to the content and review of the contract; and
(2)
Subject to the relevant ethical provisions of §
19-11-701
et seq.
Added by Act 2019, No. 418,§ 5, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-277 - Solicitation conferences

(a)
(1)
A state agency may hold a solicitation conference before or after issuing an invitation for bids, a request for proposals, or a request for statements of qualifications and performance data under §
19-11-801
et seq.
(2)
A solicitation conference may be held:
(A)
In person; or
(B)
Online or in another virtual format.
(b)
Attendance by a vendor at a solicitation conference is not required for that vendor's bid, proposal, or statement of qualifications and performance data to be accepted unless the attendance requirement is:
(1)
Explicitly stated in the invitation for bids, request for proposals, or request for statements of qualifications and performance data; and
(2)
Approved by the State Procurement Director or the head of the procurement agency.
(c)
A state agency holding a solicitation conference shall:
(1)
For an invitation for bids or a request for proposals, include the date and time of the solicitation conference in the notice required under §
19-11-229
;
(2)
Require vendors in attendance at a solicitation conference to sign in at the solicitation conference or provide a registration record for an online or other virtual solicitation conference, regardless of whether attendance is required under the solicitation; and
(3)
Maintain the sign-in sheet or registration records with the other documents related to the solicitation.
(d)
A statement made at a solicitation conference does not change the invitation for bids, request for proposals, or request for statements of qualifications and performance data unless a change is made by written amendment to the invitation for bids, request for proposals, or request for statements of qualifications and performance data.
(e)
A state agency is encouraged to hold a solicitation conference for a procurement that:
(1)
Has a contract amount of at least:
(A)
Five million dollars ($5,000,000) for a single contract year; or
(B)
Thirty-five million dollars ($35,000,000) for the total anticipated term of the contract, including any extensions, based on the previous contract for the same commodities or services or, if a previous contract is not available, a contract for similar commodities or services; or
(2)
Is of strategic importance to the state.
Added by Act 2019, No. 419,§ 12, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-278 - Vendor training and polling

The Office of State Procurement shall:
(1)
(A)
Develop and deliver vendor training to inform interested vendors of how to do business with the state.
(B)
The training required under subdivision (1)(A) of this section shall:
(i)
Be offered throughout the state; and
(ii)
Be delivered as training sessions in person and online or in another virtual format; and
(2)
Periodically poll vendors that have been successful in securing business with the state and vendors that have not been successful in securing business with the state to solicit procurement feedback that can be used to improve vendor training.
Added by Act 2019, No. 419,§ 12, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-279 - Requests for information - Definition

(a)
As used in this section, "request for information" means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under §
19-11-229
or a competitive sealed proposal procurement under §
19-11-230
.
(b)
The State Procurement Director, a head of a procurement agency, or a designee of the director or of a head of a procurement agency, may issue or authorize another person to issue a request for information.
(c)
A request for information under this section shall be published in the same manner and location as an invitation for bids, a request for proposals, or a request for qualifications.
(d)
A contract shall not be awarded directly from a request for information.
(e)
Information provided in response to a request for information under this section is exempt from the Freedom of Information Act of 1967, §
25-19-101
et seq., until:
(1)
The bids for a competitive sealed bidding procurement are opened publicly;
(2)
The notice of anticipation to award is given for a competitive sealed proposal procurement; or
(3)
A decision is made not to pursue a procurement based on the request for information.
Added by Act 2019, No. 419,§ 12, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-280 - Training and certification of procurement personnel

(a)
The State Procurement Director shall establish a training and certification program to facilitate the training, continuing education, and certification of state agency procurement personnel.
(b)
As part of the training and certification program required under this section, the director:
(1)
Shall conduct procurement education and training for state agency employees and other public employees;
(2)
(A)
Shall establish a tiered core curriculum that outlines the minimum procurement-related training courses a state agency employee is required to complete for certification.
(B)
The tiered core curriculum required under subdivision (b)(2)(A) of this section shall:
(i)
Be designed to develop procurement competency; and
(ii)
Create a uniform training approach for state agency employees ranging from entry-level procurement personnel to agency procurement officials;
(3)
May charge a reasonable fee for each participant to cover the cost of providing the training required under this section;
(4)
May conduct, develop, and collaborate with established training programs, if any, for the purpose of providing certifications of proficiency to state agency employees who complete the training and certification program;
(5)
May conduct research into existing and new procurement methods; and
(6)
May establish and maintain a state procurement library.
(c)
(1)
Beginning July 1, 2021, a state agency employee shall not conduct a procurement under this chapter unless the state agency employee is certified through the training and certification program required under this section.
(2)
To maintain certification under this section, a state agency employee shall complete a reasonable number of hours of continuing education, as provided for by rule by the director.
(d)
(1)
The director shall revoke the certification of a state agency employee who is certified under this section and who is determined to have knowingly violated state procurement laws, Arkansas Code Title 19, Chapter 11.
(2)
The director shall adopt rules regarding the procedure for revoking a state agency employee's certification under this section.
Added by Act 2019, No. 419,§ 12, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-281 - Cancellation of contract on entry of final business closure order - Definition

(a)
As used in this subchapter, "final business closure order" means a business closure order for which a contractor has either:
(1)
Waived further administrative review under §
26-18-1001
et seq.; or
(2)
Exhausted all remedies to appeal under §
26-18-1001
et seq.
(b)
The Revenue Division of the Department of Finance and Administration shall provide to the Office of State Procurement all final business closure orders entered into against a contractor.
(c)
Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable:
(1)
Notify each state agency with which the contractor has a contract that the:
(A)
Contractor is subject to a final business closure order; and
(B)
Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and
(2)
Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.
(d)
Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that:
(1)
Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and
(2)
The contractor may be awarded or maintain a contract with a state agency.
Added by Act 2019, No. 866,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-301 - Purpose

The purpose of this subchapter is to protect Arkansas private industries which employ Arkansas taxpayers and citizens from the unfair advantage held by certain out-of-state penal institutions that utilize convict labor and are exempt from minimum wage requirements, Occupational Safety and Health Act of 1970 requirements, and other such standards which are imposed on private industries and which increase the costs of products manufactured by private industries. This advantage which is enjoyed by many out-of-state penal institutions allows them to often receive contracts under the Arkansas Procurement Law, §
19-11-201
et seq., bidding process when Arkansas private industries also submit bids, thus hindering a healthy competitive environment for the private industries of this state.
Acts 1981, No. 309, § 1; A.S.A. 1947, § 14-294.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-302 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Bids" means proposals submitted to the state for the sale of products to the state;
(2)
"Penal institution" means a penitentiary, jail, prison, reformatory, or other such establishment owned, operated, or funded by a state or local government wherein incarcerated criminals are kept;
(3)
"Private industry" means manufacturers, makers of products, companies, corporations, or firms which are not departments, divisions, or arms of the federal, state, or local governments;
(4)
"Private industry located within the State of Arkansas" means private industries, as defined in subdivision (3) of this section, which are located in Arkansas, employing Arkansas citizens and taxpayers as laborers in the process of manufacturing goods and products within this state; and
(5)
"State" means the government of the State of Arkansas and all departments, branches, agencies, and subdivisions thereof.
Acts 1981, No. 309, § 2; A.S.A. 1947, § 14-294.1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-303 - Provisions controlling

Where provisions of this subchapter are inconsistent with provisions of the current Arkansas Procurement Law, §
19-11-201
et seq., the provisions in this subchapter shall control.
Acts 1981, No. 309, § 7; A.S.A. 1947, § 14-294.5.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-304 - Priority for state industries

In the bidding process for the sale of products for use by the state, bids submitted by private industries located within the State of Arkansas and employing Arkansas taxpayers shall be given priority over bids submitted by out-of-state penal institutions employing convict labor.
Acts 1981, No. 309, § 3; A.S.A. 1947, § 14-294.2.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-305 - Award to lowest state bidder - Exceptions

Subject to any applicable bonding requirements, in all bidding procedures involving a bid by one (1) or more out-of-state penal institutions and a bid by one (1) or more private industries located within the State of Arkansas, the contract shall be awarded to the sole Arkansas bidder or lowest Arkansas bidder if the Arkansas bidder is not underbid by more than five percent (5%), as provided in §
19-11-259
, by another representative of private industry located outside the State of Arkansas or by more than fifteen percent (15%) by an out-of-state correctional institution.
Acts 1981, No. 309, § 4; A.S.A. 1947, § 14-294.3.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 3 - BIDDING - STATE INDUSTRY PRIORITY (§§ 19-11-301 — 19-11-306) › Section 19-11-306 - Underbid by nonresident industry or penal institution

Subject to any applicable bonding requirements, in the event that a private Arkansas bidder is underbid by more than five percent (5%), as provided in §
19-11-259
, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15%) by an out-of-state correctional institution, the state contract shall be awarded to the lowest responsible bidder, whether that bidder is a penal or correctional institution or is a representative of private industry.
Acts 1981, No. 309, § 5; A.S.A. 1947, § 14-294.4.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 6 - FEDERAL GOVERNMENT SURPLUS PROPERTY (§§ 19-11-601 — 19-11-605) › Section 19-11-601 - Authority to transfer to state and local agencies

(a)
The Arkansas Department of Emergency Management is authorized to cooperate with the federal government in the transfer of government surplus property to any and all departments and agencies of state and local government and to any and all other agencies eligible to receive surplus property under Pub. L. No. 81-152 and Pub. L. No. 81-754, and any and all other statutory laws that may be enacted by the United States Congress covering the disposal of federal government surplus property.
(b)
The department is authorized to take any and all action necessary to the proper administration of the federal Surplus Property Program in the acquisition of and the distribution of government surplus properties to eligible claimants in this state, distribution to be in accordance with the appropriate controlling federal statutes.
(c)
The department is authorized to add to the cost of the properties an amount necessary to defray the expenses of this service.
Acts 1951, No. 353, §§ 1-3; A.S.A. 1947, §§ 80-135.2 -- 80-135.4; Acts 2009, No. 1187, § 2.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 6 - FEDERAL GOVERNMENT SURPLUS PROPERTY (§§ 19-11-601 — 19-11-605) › Section 19-11-602 - Purchase for schools and school districts

(a)
The Division of Emergency Management is authorized to purchase surplus commodities, materials, supplies, equipment, and other property from the United States Government through any of its agencies for tax-supported schools and for school districts in Arkansas. The division is authorized to cooperate with the State Procurement Director in the purchase of school items.
(b)
Schools and school districts desiring to obtain federal surplus materials, equipment, etc., shall make application to the division on blanks furnished by the division for that purpose.
(c)
Schools and school districts making application to the division to purchase surplus materials, equipment, and other property from the United States Government shall pay cash for it by drawing a voucher or warrant in favor of the United States Government for the purchase price of such materials.
Amended by Act 2019, No. 910,§ 6113, eff. 7/1/2019.
Acts 1945, No. 303, §§ 1-3; 1953, No. 384, § 17 [18]; A.S.A. 1947, §§ 80-132--80-134; Acts 2009, No. 1187, § 3.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 6 - FEDERAL GOVERNMENT SURPLUS PROPERTY (§§ 19-11-601 — 19-11-605) › Section 19-11-603 - Service charge

(a)
The Arkansas Department of Emergency Management is authorized to add to the cost of surplus properties secured by the State Agency for a Surplus Property an amount necessary to defray the expense of this service and to repay into the Revolving Loan Fund loans made to the agency as provided in this section.
(b)
The department is also authorized to establish service charges in such amounts as may be necessary to cover the expenses of the department in administering special federal service programs for schools and agencies. These charges are to be paid by the school, institution, or agency in the amount designated by the department.
(c)
The department is authorized and directed to take such action as is necessary to collect such charges and may, in its discretion, withhold from any state moneys over which the department has control funds necessary to pay the amounts owing by such school districts and agencies.
(d)
It is the intention of the General Assembly that the schools and agencies shall pay for such services amounts sufficient to reimburse the department for expenses incurred in the operation of the federal Surplus Property Program and in the operation of special federal service programs.
Acts 1959, No. 357, § 12; A.S.A. 1947, § 80-135.1; Acts 2009, No. 1187, § 4.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 6 - FEDERAL GOVERNMENT SURPLUS PROPERTY (§§ 19-11-601 — 19-11-605) › Section 19-11-604 - Rural water associations

Rural water associations shall be deemed eligible to participate in the federal Surplus Property Program operated under Pub. L. No. 81-152 and Pub. L. No. 81-754 as now administered by the Arkansas Department of Emergency Management.
Acts 1988, (3rd Ex. Sess.), No. 7, § 2; 2009, No. 1187, § 5.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 6 - FEDERAL GOVERNMENT SURPLUS PROPERTY (§§ 19-11-601 — 19-11-605) › Section 19-11-605 - Authority to transfer excess military property to state and local agencies - Service charge

The Law Enforcement Support Office may:
(1)
Cooperate with the United States Government under
10 U.S.C. § 2576a
in the transfer of excess military property to state and local law enforcement agencies:
(A)
Whose primary function is the enforcement of applicable federal, state, and local laws; and
(B)
Whose compensated law enforcement officers have powers of arrest and apprehension, including without limitation counter-drug and counter-terrorism activities;
(2)
Take any action necessary to the proper administration of the acquisition and the distribution of excess military properties to eligible claimants in this state, with distribution to be in accordance with the appropriate controlling federal statutes;
(3)
Establish service charges in an amount necessary to cover the expenses of the Department of Public Safety incurred in administering this section; and
(4)
Take action as necessary to collect service charges and, from any state moneys over which the department has control, withhold funds necessary to pay an amount owing by a state or local law enforcement agency.
Amended by Act 2019, No. 910,§ 6004, eff. 7/1/2019.
Added by Act 2013, No. 1097,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-702 - Penalties

Any employee or nonemployee who shall knowingly violate any of the provisions of this subchapter shall be guilty of a felony and upon conviction shall be fined in any sum not to exceed ten thousand dollars ($10,000) or shall be imprisoned not less than one (1) nor more than five (5) years, or shall be punished by both.
Acts 1979, No. 483, § 15; A.S.A. 1947, § 14-1115; Acts 1995, No. 1296, § 77.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-703 - Statement of policy

(a)
Public employment is a public trust. It is the policy of the state to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by the state. The policy is implemented by prescribing essential restrictions against conflict of interest without creating unnecessary obstacles to entering public service.
(b)
Public employees must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the state procurement organization.
(c)
To achieve the purpose of this subchapter, it is essential that those doing business with the state also observe the ethical standards prescribed in this subchapter.
Acts 1979, No. 483, § 2; A.S.A. 1947, § 14-1102.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-704 - General standards of ethical conduct

(a)
General Ethical Standards for Employees.
(1)
Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee's duties is a breach of a public trust.
(2)
In order to fulfill this general prescribed standard, employees must also meet the specific standards set forth in §
19-11-705
, which refers to employee conflict of interest; §
19-11-706
, which refers to employee disclosure requirements; §
19-11-707
, which refers to gratuities and kickbacks; §
19-11-708
, which refers to prohibition against contingent fees; §
19-11-709
, which refers to restrictions on employment of present and former employees; and §
19-11-710
, which refers to use of confidential information.
(b)
General Ethical Standards for Nonemployees.
Any effort to influence any public employee to breach the standards of ethical conduct set forth in this subchapter is also a breach of ethical standards.
Acts 1979, No. 483, § 3; A.S.A. 1947, § 14-1103.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-705 - Employee conflict of interest

(a)
Conflict of Interest.
(1)
It shall be a breach of ethical standards for any employee to participate directly or indirectly in any proceeding or application, in any request for ruling or other determination, in any claim or controversy, or in any other particular matter pertaining to any contract or subcontract, and any solicitation or proposal therefor, in which to the employee's knowledge:
(A)
The employee or any member of the employee's immediate family has a financial interest;
(B)
A business or organization has a financial interest, in which business or organization the employee, or any member of the employee's immediate family, has a financial interest; or
(C)
Any other person, business, or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is a party.
(2)
"Direct or indirect participation" shall include, but not be limited to, involvement through decision, approval, disapproval, recommendation, preparation of any part of a procurement request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
(b)
Financial Interest in a Blind Trust.
Where an employee or any member of the employee's immediate family holds a financial interest in a blind trust, the employee shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest if disclosure of the existence of the blind trust has been made to the Secretary of the Department of Transformation and Shared Services.
(c)
Discovery of Conflict of Interest, Disqualification, and Waiver.
Upon discovery of a possible conflict of interest, an employee shall promptly file a written statement of disqualification with the secretary and shall withdraw from further participation in the transaction involved. The employee may, at the same time, apply to the secretary in accordance with §
19-11-715(b)
for an advisory opinion as to what further application, if any, the employee may have in the transaction, or for a waiver in accordance with §
19-11-715(c)
.
Amended by Act 2019, No. 910,§ 3474, eff. 7/1/2019.
Acts 1979, No. 483, § 4; A.S.A. 1947, § 14-1104.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-706 - Employee disclosure requirements

(a)
Disclosure of Benefit Received from Contract.
Any employee who has or obtains any benefit from any state contract with a business in which the employee has a financial interest shall report such benefit to the Secretary of the Department of Transformation and Shared Services. However, this section shall not apply to a contract with a business where the employee's interest in the business has been placed in a disclosed blind trust.
(b)
Failure to Disclose Benefit Received.
Any employee who knows or should have known of such benefit and fails to report the benefit to the secretary is in breach of the ethical standards of this section.
Amended by Act 2019, No. 910,§ 3475, eff. 7/1/2019.
Acts 1979, No. 483, § 5; A.S.A. 1947, § 14-1105.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-707 - Gratuities and kickbacks

(a)
Gratuities.
It is a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim, or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.
(b)
Kickbacks.
It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order.
Acts 1979, No. 483, § 6; A.S.A. 1947, § 14-1106.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-708 - Prohibition against contingent fees

(a)
Contingent Fees.
It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.
(b)
Representation of Contractor.
Before being awarded a state contract other than by procedures set forth in the Arkansas Procurement Law, §
19-11-201
et seq., and rules promulgated under the Arkansas Procurement Law, §
19-11-201
et seq., for small purchases, every person shall represent, in writing, that such person has not retained anyone in violation of subsection (a) of this section. Failure to do so constitutes a breach of ethical standards.
(c)
Notice.
The representation prescribed in subsection (b) of this section shall be conspicuously set forth in all contracts and solicitations therefor.
Amended by Act 2019, No. 315,§ 1785, eff. 7/24/2019.
Acts 1979, No. 483, § 7; A.S.A. 1947, § 14-1107.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-710 - Use of confidential information

It shall be a breach of ethical standards for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person.
Acts 1979, No. 483, § 9; A.S.A. 1947, § 14-1109.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-711 - Public access to procurement information

Procurement information shall be public record to the extent provided in the Freedom of Information Act of 1967, §
25-19-101
et seq., except as otherwise provided in this subchapter and the Arkansas Procurement Law, §
19-11-201
et seq.
Acts 1979, No. 483, § 10; A.S.A. 1947, § 14-1110.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-712 - Civil and administrative remedies against employees who breach ethical standards

(a)
Existing Remedies Not Impaired.
Civil and administrative remedies against employees which are in existence on July 1, 1979, shall not be impaired.
(b)
Supplemental Remedies.
In addition to existing remedies for breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, the Secretary of the Department of Transformation and Shared Services may impose any one (1) or more of the following:
(1)
Oral or written warnings or reprimands;
(2)
Forfeiture of pay without suspension;
(3)
Suspension with or without pay for specified periods of time; and
(4)
Termination of employment.
(c)
Right to Recover from Employee Value Received in Breach of Ethical Standards.
The value of anything received by an employee in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, shall be recoverable by the state as provided in §
19-11-714
, which refers to recovery of value transferred or received in breach of ethical standards.
(d)
Due Process.
Notice and an opportunity for a hearing shall be provided prior to imposition of any of the remedies set forth in subsection (b) of this section.
Amended by Act 2019, No. 315,§ 1786, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3476, eff. 7/1/2019.
Acts 1979, No. 483, § 11; A.S.A. 1947, § 14-1111.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-713 - Civil and administrative remedies against nonemployees who breach ethical standards

(a)
Existing Remedies Not Impaired.
Civil and administrative remedies against nonemployees which are in existence on July 1, 1979, shall not be impaired.
(b)
Supplemental Remedies.
In addition to the existing remedies for breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, the Secretary of the Department of Transformation and Shared Services may impose any one (1) or more of the following:
(1)
Oral or written warnings or reprimands;
(2)
Termination of transactions; and
(3)
Suspension or debarment from being a contractor or subcontractor under state contracts.
(c)
Right to Recover from Nonemployee Value Transferred in Breach of Ethical Standards.
The value of anything transferred in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by a nonemployee shall be recoverable by the state from such person as provided in §
19-11-714
, which refers to recovery of value transferred or received in breach of ethical standards.
(d)
Due Process.
Notice and an opportunity for a hearing shall be provided prior to imposition of any of the remedies set forth in subsection (b) of this section.
Amended by Act 2019, No. 315,§ 1787, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3477, eff. 7/1/2019.
Acts 1979, No. 483, § 12; A.S.A. 1947, § 14-1112.