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 19-11-222 - Exclusive jurisdiction over procurement - Definitions

(a)
The State Procurement Director has exclusive jurisdiction over the procurement of:
(1)
Items subject to Arkansas Constitution, Amendment 54;
(2)
Wholesale gasoline, oil, and related products;
(3)
Tires;
(4)
(A)
Passenger motor vehicles and trucks, except highway construction and highway maintenance equipment, any specialized type of equipment used in highway construction, or a motor vehicle purchased under §
6-21-307
, except as otherwise provided in this subchapter.
(B)
The director may issue a request for qualifications for the procurement of passenger motor vehicles and trucks to compile a qualified vendor list that includes vendors in multiple areas of the state;
(5)
Paper products;
(6)
New and used school buses for state agencies;
(7)
A purchasing card program and travel card program to include implementation and administration; and
(8)
An electronic commerce procurement solution to include planning and administration consistent with the established financial systems of the state.
(b)
As used in this section:
(1)
"Printing" means the process of transferring images, by the use of standard industrial type printer ink, upon documents such as letterhead, envelopes, pamphlets, booklets, and forms;
(2)
"Stationery" means imprinted letterhead and envelopes used by the General Assembly and other departments of state government to identify an individual department, agency, board, commission, etc.; and
(3)
"Supplies" means paper and inks used to produce stationery.
Amended by Act 2017, No. 1004,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 442,§ 2, eff. 8/1/2017.
Acts 1979, No. 482, § 20; 1981, No. 600, § 9; A.S.A. 1947, § 14-248; Acts 1991, No. 749, § 3; 1993, No. 896, § 4; 2001, No. 1237, § 14; 2001, No. 1309, § 1; 2003, No. 487, § 4; 2005, No. 1680, § 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 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-224 - Interest and carrying charges

State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest and late charges, but only when such late charges are incurred sixty (60) days after payment is due or carrying charges under such rules as may be promulgated by the State Procurement Director.
Amended by Act 2019, No. 315,§ 1765, eff. 7/24/2019.
Acts 1979, No. 482, § 22; A.S.A. 1947, § 14-250; Acts 1997, No. 1066, § 2; 2001, No. 1237, § 17.
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 19-11-225 - Rules

(a)
(1)
The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
A rule promulgated by the director under this subchapter is not effective until the rule is:
(A)
Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and
(B)
Reviewed and approved by the Legislative Council under §
10-3-309
.
(b)
A rule shall not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the rule.
(c)
(1)
A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation.
(2)
The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.
Amended by Act 2019, No. 315,§ 1766, eff. 7/24/2019.
Amended by Act 2019, No. 419,§ 2, eff. 7/24/2019.
Acts 1979, No. 482, § 23; A.S.A. 1947, § 14-251; Acts 2001, No. 1237, § 18.
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 19-11-226 - Recommendations

(a)
The State Procurement Director shall maintain a close and cooperative relationship with the using agencies.
(b)
(1)
The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency.
(2)
At any time, any using agency may make recommendations to the director, and the director may make recommendations to any using agency.
(3)
The Secretary of the Department of Transformation and Shared Services may make recommendations to the director.
Amended by Act 2019, No. 910,§ 6110, eff. 7/1/2019.
Acts 1979, No. 482, § 24; A.S.A. 1947, § 14-251.1; Acts 2001, No. 1237, § 19.
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 19-11-227 - Statistical data

The State Procurement Director and the Secretary of the Department of Transformation and Shared Services shall cooperate with the Division of Budgets and Accounting in the preparation of statistical data concerning the procurement and disposition of all commodities and services, unless otherwise provided in this subchapter.
Amended by Act 2019, No. 910,§ 6111, eff. 7/1/2019.
Acts 1979, No. 482, § 25; A.S.A. 1947, § 14-251.2; Acts 2001, No. 1237, § 20.
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 19-11-228 - Methods of source selection

Unless otherwise authorized by law, all contracts shall be awarded by competitive sealed bidding, pursuant to §
19-11-229
, which refers to competitive sealed bidding, except as provided in:
(1)
Section
19-11-230
, which refers to competitive sealed proposals;
(2)
Section
19-11-231
, which refers to small procurements;
(3)
Section
19-11-232
, which refers to proprietary or sole source procurements;
(4)
Section
19-11-233
, which refers to emergency procurements;
(5)
Section
19-11-234
, which refers to competitive bidding;
(6)
Section
19-11-262
, which refers to multiple award contracts; or
(7)
Section
19-11-263
, which refers to special procurements.
Acts 1979, No. 482, § 28; 1981, No. 600, § 12; A.S.A. 1947, § 14-253; Acts 1995, No. 428, § 2; 1995, No. 507, § 2; 2001, No. 1237, § 21.
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 19-11-231 - Small procurements

(a)
Any procurement not exceeding the amount under §
19-11-204(13)
, which refers to small procurements, may be made in accordance with this section and the small procurement procedures promulgated by the State Procurement Director.
(b)
(1)
However, procurement requirements shall not be artificially divided so as to constitute a small procurement under this section.
(2)
The prohibition stated in subdivision (b)(1) of this section includes without limitation purchasing commodities or services, or both, from more than one (1) vendor owned by the same person or entity if the aggregate amount of the purchases from the vendors owned by the same person or entity exceeds the amount stated in subsection (a) of this section.
(c)
A state agency shall not provide information to a vendor regarding the amount the state agency is willing to pay for commodities or services, or both, before receiving a quote from the vendor for the amount the vendor would charge for the commodities or services, or both.
Amended by Act 2024, No. 167,§ 23, eff. 7/1/2024.
Acts 1979, No. 482, § 32; 1981, No. 600, § 22; A.S.A. 1947, § 14-257; Acts 2001, No. 1237, § 24.
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 19-11-232 - Proprietary or sole source procurements

(a)
Under rules promulgated under this subchapter, a contract may be awarded for a required or designated commodity or service to a sole or mandatory supplier when the State Procurement Director, the head of a procurement agency, or a designee of either officer above the level of agency procurement official determines in writing that it is not practicable to use other than the required or designated commodity or service.
(b)
Unless a written determination is made that there is only one (1) source for the required or designated commodity or service, efforts shall be made to obtain price competition.
Amended by Act 2019, No. 315,§ 1769, eff. 7/24/2019.
Acts 1979, No. 482, § 33; A.S.A. 1947, § 14-258; Acts 2001, No. 1237, § 25.
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 19-11-233 - Emergency procurements - Definition

(a)
The State Procurement Director, the head of a procurement agency, or a designee of either officer may make or authorize others to make emergency procurements as defined in §
19-11-204(4)
and in accordance with rules promulgated by the director.
(b)
(1)
A person or state agency that makes an emergency procurement under this section shall:
(A)
Receive at least three (3) competitive bids unless the emergency is a critical emergency; and
(B)
Complete a quotation abstract that includes the:
(i)
Names of the firms contacted;
(ii)
Time that each firm was contacted;
(iii)
Quoted price obtained from each contacted firm; and
(iv)
Method used for contacting each firm.
(2)
As used in this subsection, "critical emergency" means an emergency in which human life or health is imminently endangered.
Amended by Act 2019, No. 315,§ 1770, eff. 7/24/2019.
Amended by Act 2019, No. 419,§ 11, eff. 7/24/2019.
Acts 1979, No. 482, § 34; 1981, No. 600, § 23; A.S.A. 1947, § 14-259; Acts 2001, No. 1237, § 26.
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 19-11-234 - Competitive bidding

(a)
(1)
Competitive bidding is a method of procurement which requires obtaining bids by:
(A)
Direct mail request to prospective bidders and obtaining written bids;
(B)
Telephone;
(C)
Telegraph;
(D)
Written form; or
(E)
Electronic media.
(2)
A competitive bid form authorized by the State Procurement Director must be completed.
(3)
If three (3) competitive bids are not obtained on purchases when bids are required, the form must show the names of at least three (3) firms contacted in attempting to obtain competition or show the reason three (3) firms were not contacted.
(4)
(A)
Only firms which sell the type of commodity or service to be procured shall be contacted.
(B)
The purchase procedures outlined in this section shall not apply to commodities, technical and general services, and professional and consultant services under state contract.
(b)
(1)
Contracts in which the purchase price exceeds twenty thousand dollars ($20,000) and is less than or equal to seventy-five thousand dollars ($75,000) may be awarded by use of competitive bidding procedures.
(2)
However, in any such instances, competitive sealed bidding is permitted.
(c)
(1)
(A)
All procurements shall be awarded to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements, criteria, and specifications.
(B)
Delivery time required must be reasonable and consonant with current industry norms.
(2)
Complete justification must be given if award is made to other than the low bidder.
(d)
Repeated small quantity procurements to circumvent the competitive bid limits or failure to obtain competitive bids without justification shall constitute a violation of these procedures and shall result in withdrawal of the state agency's competitive bid privileges.
Amended by Act 2017, No. 1004,§ 4, eff. 8/1/2017.
Amended by Act 2013, No. 1189,§ 3, eff. 8/16/2013.
Acts 1979, No. 482, § 35; 1981, No. 600, § 24; A.S.A. 1947, § 14-260; Acts 1991, No. 1018, §§ 4, 5; 1995, No. 317, §§ 3, 4; 1995, No. 340, §§ 3, 4; 2001, No. 1237, § 27; 2003, No. 487, § 6; 2005, No. 1680, § 7.
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 19-11-235 - Responsibility of bidders and offerors

(a)
(1)
A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director.
(2)
A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.
(3)
The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.
(4)
If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination.
(b)
(1)
Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror.
(2)
This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary.
(c)
The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.
Amended by Act 2019, No. 315,§ 1772, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1771, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6112, eff. 7/1/2019.
Acts 1979, No. 482, § 36; A.S.A. 1947, § 14-261; Acts 1991, No. 1018, § 6; 2001, No. 1237, § 28.
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 19-11-236 - Prequalification of suppliers

(a)
(1)
The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services.
(2)
Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers.
(b)
Prequalifications shall not foreclose a written determination:
(1)
Between the time of the bid opening or receipt of offers and making of an award that a prequalified supplier is not responsible; or
(2)
That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
Acts 1979, No. 482, § 37; A.S.A. 1947, § 14-262; Acts 2005, No. 1680, § 8.
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 19-11-237 - Cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee contracts

As used in this subchapter, unless the context otherwise requires, the cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee system may be used under the authority of the State Procurement Director when:
(1)
There exists no other economically practicable price arrangement to secure the commodity;
(2)
A cost saving may be proved over the least expensive alternative; or
(3)
The pricing schedule involved is tied to an industry standard or other reliable system of cost prediction.
Acts 1979, No. 482, § 39; 1983, No. 517, § 2; A.S.A. 1947, § 14-264; Acts 1995, No. 1234, § 1; 2001, No. 1237, § 29.
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 19-11-238 - Multiyear contracts

(a)
Specified Period.
Unless otherwise provided by law, a contract for commodities or services may be entered into for periods of not more than seven (7) years if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.
(b)
Determination Prior to Use.
Prior to the utilization of a multi-year contract, it shall be determined in writing that:
(1)
Estimated requirements cover the period of the contract and are reasonably firm and continuing;
(2)
Such a contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement; and
(3)
In the event of termination for any reason, the contract provides for cessation of services and/or surrender by the state of the commodities and repayment to the state of any accrued equity.
(c)
Termination Due to Unavailability of Funds in Succeeding Years.
(1)
Original terms of such multiyear contracts shall not exceed four (4) years.
(2)
When funds are not appropriated or otherwise made available to support continuation of performance in a multiyear contract, the contract shall be terminated and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the commodities or services delivered under the contract.
(3)
The cost of termination under subdivision (c)(2) of this section may be paid from:
(A)
Appropriations currently available for performance of the contract;
(B)
Appropriations currently available for procurement of similar commodities or services and not otherwise obligated; or
(C)
Appropriations made specifically for the payment of such termination costs.
Amended by Act 2019, No. 418,§ 3, eff. 7/24/2019.
Acts 1979, No. 482, § 43; A.S.A. 1947, § 14-267; Acts 1995, No. 317, § 5; 1995, No. 340, § 5; 1995, No. 912, § 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 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-239 - Finality of determinations

The determinations required by:
(1)
Section
19-11-229(h)
, which refers to competitive sealed bidding, award;
(2)
Section
19-11-230(b)
, which refers to competitive sealed proposals, conditions for use;
(3)
Section
19-11-230(g)
, which refers to competitive sealed proposals, award;
(4)
Section
19-11-232
, which refers to proprietary or sole source procurements;
(5)
Section
19-11-233
, which refers to emergency procurements;
(6)
Section
19-11-234
, which refers to competitive bidding;
(7)
Section
19-11-235
, which refers to responsibility of bidders and offerors, determination of responsibility;
(8)
Section
19-11-238(b)
, which refers to multiyear contracts, determination prior to use; and
(9)
Section
19-11-263
, which refers to special procurements,
are final and conclusive, unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
Acts 1979, No. 482, § 46; 1981, No. 600, § 27; A.S.A. 1947, § 14-270; Acts 2001, No. 1237, § 30.
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 19-11-240 - Reporting of suspected collusion - Definition

(a)
As used in this section, "collusion" means cooperation in the restraint of free and open competition in a public procurement, including without limitation:
(1)
Price fixing;
(2)
Bid rigging;
(3)
Customer or market allocation;
(4)
Misrepresenting the independence of the relationship between colluding parties; and
(5)
Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation:
(A)
Offering bribes or kickbacks;
(B)
Extortion; and
(C)
Fraudulent misrepresentation.
(b)
When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.
(c)
(1)
All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.
(2)
All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.
(d)
Collusion is cause for:
(1)
Debarment from consideration for award of a contract under §
19-11-245
; and
(2)
Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.
Amended by Act 2017, No. 696,§ 3, eff. 8/1/2017.
Acts 1979, No. 482, § 47; A.S.A. 1947, § 14-270.1.
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 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 19-11-241 - Specifications - Definition

(a)
Definition.
(1)
"Specification" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service.
(2)
"Specification" may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.
(b)
The State Procurement Director shall promulgate rules governing the preparation, maintenance, and content of standard and nonstandard specifications for commodities, technical and general services, and professional and consultant services procured by the Office of State Procurement.
(c)
Maximum Practicable Competition.
All specifications shall be drafted so as to assure the maximum practicable competition for the state's actual requirements.
Amended by Act 2019, No. 315,§ 1773, eff. 7/24/2019.
Acts 1979, No. 482, §§ 49-51; 1981, No. 600, § 28; A.S.A. 1947, §§ 14-271 -- 14-272.1; Acts 2001, No. 1237, § 31; 2005, No. 1680, § 9.
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 19-11-242 - Commodity management rules

The State Procurement Director shall promulgate rules governing:
(1)
The sale, lease, or disposal of surplus commodities by public auction, competitive sealed bidding, or other appropriate method designated by rule, and no employee of the Department of Transformation and Shared Services or member of the employee's immediate family shall be entitled to purchase any such commodities;
(2)
The transfer of excess commodities within the state; and
(3)
The sale, lease, or disposal of surplus commodities to not-for-profit organizations under §
22-1-101
.
Amended by Act 2019, No. 315,§ 1774, eff. 7/24/2019.
Amended by Act 2013, No. 1020,§ 1, eff. 8/16/2013.
Acts 1979, No. 482, § 55; A.S.A. 1947, § 14-275.1; Acts 2001, No. 1237, § 32.
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 19-11-243 - Proceeds from surplus commodities

The State Procurement Director shall promulgate rules for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent practicable, to the using agency which had possession of the commodity.
Amended by Act 2019, No. 315,§ 1775, eff. 7/24/2019.
Acts 1979, No. 482, § 56; A.S.A. 1947, § 14-275.2; Acts 2001, No. 1237, § 33.
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 19-11-245 - Debarment or suspension

(a)
Applicability.
This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment.
(b)
(1)
(A)
(i)
After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state.
(ii)
The debarment shall not be for a period of more than three (3) years.
(B)
(i)
The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment.
(ii)
The suspension shall not be for a period exceeding three (3) months.
(2)
The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director.
(c)
The causes for debarment or suspension because of unsuitability for award of a contract shall be set forth in rules promulgated by the director.
(d)
The director or the head of a procurement agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.
(e)
Notice of Decision.
A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the debarred or suspended person and any other party intervening.
(f)
Finality of Decision.
A decision under subsection (d) of this section shall be final and conclusive.
Amended by Act 2019, No. 315,§ 1778, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1777, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1776, eff. 7/24/2019.
Acts 1979, No. 482, § 58; A.S.A. 1947, § 14-277; Acts 2001, No. 1237, § 35; 2003, No. 487, § 8.
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 19-11-246 - 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.
Amended by Act 2019, No. 315,§ 1780, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1779, eff. 7/24/2019.
Acts 1979, No. 482, § 59; A.S.A. 1947, § 14-278; Acts 2001, No. 1237, § 36; 2003, No. 487, § 9; 2005, No. 1680, § 11.
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 19-11-247 - 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 §
19-11-265
.
Amended by Act 2021, No. 488,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 696,§ 4, eff. 8/1/2017.
Acts 1979, No. 482, §§ 60-62; A.S.A. 1947, §§ 14-279 -- 14-279.2.
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 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 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.
Amended by Act 2019, No. 315,§ 1781, eff. 7/24/2019.
Acts 1979, No. 482, § 63; A.S.A. 1947, § 14-280.
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 19-11-250 - 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.
Acts 1979, No. 482, § 66; A.S.A. 1947, § 14-283; Acts 2001, No. 1237, § 37; 2003, No. 487, § 10.
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 19-11-251 - 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.
Amended by Act 2019, No. 315,§ 1782, eff. 7/24/2019.
Acts 1979, No. 482, § 67; A.S.A. 1947, § 14-284; Acts 2001, No. 1237, § 38; 2005, No. 1680, § 12.
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 19-11-252 - 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
.
Amended by Act 2019, No. 315,§ 1783, eff. 7/24/2019.
Acts 1979, No. 482, § 68; A.S.A. 1947, § 14-285; Acts 2001, No. 1237, § 39; 2005, No. 1680, § 13.
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 19-11-253 - 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.
Acts 1979, No. 482, § 69; A.S.A. 1947, § 14-286.
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 19-11-254 - 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.
Acts 1979, No. 482, §§ 70, 71; A.S.A. 1947, §§ 14-287, 14-288; Acts 2001, No. 1237, § 40.
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 19-11-255 - 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.
Acts 1979, No. 482, § 72; A.S.A. 1947, § 14-289.
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 19-11-256 - 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.
Acts 1979, No. 482, § 73; A.S.A. 1947, § 14-290; Acts 2001, No. 1237, § 41.
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 19-11-257 - 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.
Acts 1979, No. 482, § 74; A.S.A. 1947, § 14-291; Acts 2001, No. 1237, § 42.
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 19-11-258 - 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
.
Acts 1979, No. 482, § 75; A.S.A. 1947, § 14-292.
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 19-11-260 - [Repealed]

Repealed by Act 2019, No. 417,§ 6, eff. 7/24/2019.
Acts 1991, No. 749, § 4; 2001, No. 1237, §§ 44, 45.
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 19-11-261 - 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.
Amended by Act 2019, No. 315,§ 1784, eff. 7/24/2019.
Acts 1991, No. 749, § 4; 1997, No. 179, § 18; 2001, No. 1237, § 46.
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 19-11-262 - 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.
Acts 1995, No. 428, § 3; 1995, No. 507, § 3; 2001, No. 1237, § 47.
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 19-11-263 - 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.
Acts 2001, No. 1237, § 48.
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 19-11-264 - 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.
Acts 2007, No. 567, § 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 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281) › Section 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.
Acts 2007, No. 1597, § 1.