Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 9 - PUBLIC WORKS (§§ 22-9-101 — 22-9-909) › Subchapter 2 - AWARD OF CONTRACTS (§§ 22-9-201 — 22-9-214) › Section 22-9-201 - Applicability of sections 22-9-202 - 22-9-204 - Definition

(a)
The provisions of §§
22-9-202
-
22-9-204
shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§
27-67-206
and
27-67-207
.
(b)
The provisions of §
22-9-204
shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
(c)
(1)
(A)
The notice and bid security provisions of §§
19-4-1401
,
19-4-1405
, and
22-9-203
pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B)
Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
(2)
(A)
The percentage requirements of §
22-9-203(e)
shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B)
If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.
(3)
"Emergency contracting procedures" means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division.
(4)
Emergency contracting procedures may include sole sourcing or competitive quote bids.
(5)
The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division.
(6)
An emergency contract made under emergency contracting procedures under this section shall not be authorized by a county or municipality unless:
(A)
The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and
(B)
A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under §
22-9-203
.
(d)
To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.
Amended by Act 2021, No. 440,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 6237, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6236, eff. 7/1/2019.
Amended by Act 2015, No. 147,§ 3, eff. 2/23/2015.
Acts 1949, No. 159, § 5; 1977, No. 370, § 2; A.S.A. 1947, § 14-614n; Acts 1999, No. 776, § 2; 2001, No. 162, § 1; 2007, No. 471, § 2; 2011, No. 782, § 1.