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 19-11-265 - Submission of contracts required - Definition

(a)
(1)
Except for critical emergency procurements and as otherwise provided in this section, a contract requiring the services of one (1) or more persons shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, if the annual contract amount is at least fifty thousand dollars ($50,000) in any one (1) contract year or if the total projected contract amount, including any amendments or possible extensions, is at least three hundred fifty thousand dollars ($350,000).
(2)
The Legislative Council or the Joint Budget Committee shall provide the State Procurement Director with its review as to the propriety of the contract within thirty (30) days after receipt of the proposed contract.
(3)
The contract shall not be submitted to the Legislative Council or to the Joint Budget Committee until the Office of State Procurement has reviewed the contract and provided the Legislative Council or the Joint Budget Committee with a recommendation regarding the legality of the contract.
(4)
(A)
(i)
A contract that does not have a material change upon renewal or extension shall be included in the monthly report required under §
19-11-274
instead of being submitted to the Legislative Council or the Joint Budget Committee for review under this subsection.
(ii)
As used in this subdivision (a)(4), "material change" includes without limitation:
(a)
An increase in the contract amount;
(b)
An increase in the total projected contract amount;
(c)
A change in any of the essential terms of the contract;
(d)
A change in any performance-based standards stated in the contract;
(e)
The imposition of financial consequences as the result of a failure to satisfy performance-based standards under §
19-11-267
during the year preceding the renewal or extension of the contract; and
(f)
The submission of a vendor performance report during the year preceding the renewal or extension of the contract.
(B)
However, a state agency may elect to submit a contract for review under this subsection if the state agency is uncertain whether the contract has a material change.
(5)
A contract that is submitted for review under this subsection and that has a total projected contract amount of at least three hundred fifty thousand dollars ($350,000) shall have a cover sheet that provides the following information:
(A)
A description of the services being procured;
(B)
A description of the procurement process followed, including without limitation the method used for the procurement; and
(C)
The outcome of any protests.
(b)
The Legislative Council or the Joint Budget Committee may review or exempt from review any contract or group of contracts contemplated by this section.
(c)
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 presentment requirements under this section.
(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 presentment requirements of this section.
Amended by Act 2019, No. 417,§ 7, eff. 7/24/2019.
Amended by Act 2015, No. 557,§ 5, eff. 8/1/2015.
Acts 2007, No. 870, § 1; 2009, No. 396, § 1.