reglab/statecodes huggingface dataset:
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 22-9-208 - Renovation of historic sites - Legislative intent and construction

(a)
The General Assembly finds and determines that:
(1)
The mandatory adherence to competitive bidding of all costs in altering, repairing, or renovating historic sites and structures has resulted in increased costs due to the inability of bidders to accurately determine on the basis of only an external examination of the historic sites and structures the exact quantity of labor, materials, and supplies necessary to meet the restoration standards;
(2)
The State of Arkansas would conserve state revenues by giving agencies charged with restoring or maintaining historic properties authority to select the contractors on the basis of the lowest responsible bid price, the bidder's experience in like work, and the techniques he or she proposes to employ, and by giving the agencies authority to reimburse contractors on an actual cost basis for those cost components which cannot be accurately predetermined before undertaking the project; and
(3)
The procedures provided in subdivision (a)(2) of this section should be applicable for specific projects only after review and approval by the Chief Fiscal Officer of the State, the Secretary of the Department of Transformation and Shared Services, and the Legislative Council. Provided, however, projects undertaken by public institutions of higher education exempt from review and approval of the Department of Transformation and Shared Services shall not require review and approval by the secretary.
(b)
In the event there is conflict between the provisions of this section and §§
22-9-209
-
22-9-211
and the provisions of any other act insofar as the restoration of historic structures is concerned, the procedures set forth in this section and §§
22-9-209
-
22-9-211
shall govern.
Amended by Act 2019, No. 910,§ 6240, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 81, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 81, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 56, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 56, eff. 7/1/2015.
Acts 1977, No. 869, §§ 1, 5; A.S.A. 1947, §§ 14-654, 14-654.3n; Acts 1999, No. 776, § 4; 2001, No. 961, § 10.
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 22-9-210 - Renovation of historic sites - Award of contracts

(a)
The highest quality of restoration commensurate with reasonable costs and obtainable within available funds is considered to serve the best interests of the state. Cost, proposed method, and experience in similar work shall be considered by the agency as interrelated and inseparable factors in the award of a contract. Therefore, the award may be made other than to the lowest bidder. To permit evaluation of bidder qualifications, bid proposal documents shall include the following:
(1)
The types of skills and numbers of persons of each skill needed to accomplish the work, together with the proposed rate of payment of each;
(2)
The anticipated quantity of materials estimated to be required, together with the unit price for each;
(3)
The proposed factor by which subdivisions (a)(1) and (2) of this section shall be multiplied to provide for overhead and profit;
(4)
The calculations contained in subdivisions (a)(1), (2), and (3) of this section shall be extended and totaled to produce an estimated total cost for the project. Bid forms prepared by the contracting agencies shall be provided for the purpose of setting forth the calculations;
(5)
A narrative statement of the methods and the techniques proposed for the restoration work;
(6)
A listing of previous comparable projects completed by the bidder, including location, cost, date completed, and owner's name and address; and
(7)
A resumé of the personal experience of the key supervisory personnel who will be directly involved in the execution of the project.
(b)
No contract shall be awarded under the provisions of this section and §§
22-9-208
,
22-9-209
, and
22-9-211
until the contracting agency has submitted copies of the invitation for bids, together with all proposals received and the agency's narrative statement of its evaluation and recommendations for approval, to the Chief Fiscal Officer of the State.
Acts 1977, No. 869, § 3; A.S.A. 1947, § 14-654.2.
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 22-9-211 - Renovation of historic sites - Payment

(a)
The contracting agency shall establish, as part of the contract, a maximum compensation for the project.
(b)
Payment shall be based on the work actually done and the materials actually used.
(c)
The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal.
Acts 1977, No. 869, § 4; A.S.A. 1947, § 14-654.3.
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 22-9-212 - Public improvements generally - Trench or excavation safety systems

(a)
Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§
22-9-202
-
22-9-204
for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require:
(1)
That the current edition of the United States Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and
(2)
That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid.
(b)
In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section.
Amended by Act 2019, No. 910,§ 5504, eff. 7/1/2019.
Acts 1993, No. 291, §§ 1, 2.
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 22-9-213 - Exemption of state projects from local regulation

Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances.
Amended by Act 2019, No. 910,§ 6242, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 57, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 57, eff. 7/1/2015.
Acts 1995, No. 1229, § 1.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-301 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, §§ 2, 3; A.S.A. 1947, §§ 14-631, 14-632; Acts 1995, No. 548, § 1.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-302 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 1; A.S.A. 1947, § 14-630; Acts 1995, No. 548, § 2.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-303 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707.
Amended by Act 2017, No. 707,§ 87, eff. 8/1/2017.
Acts 1969, No. 74, §§ 3, 13; 1969, No. 275, § 2; A.S.A. 1947, §§ 14-632, 14-642.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-304 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 8; A.S.A. 1947, § 14-637.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-305 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636; Acts 1995, No. 548, § 3.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-306 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 10; A.S.A. 1947, § 14-639; Acts 1995, No. 548, § 4; 1997, No. 221, § 2.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-307 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-308 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707.
Amended by Act 2017, No. 707,§ 88, eff. 8/1/2017.
Acts 1969, No. 74, § 4; 1969, No. 275, § 1; A.S.A. 1947, § 14-633.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-309 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 5; A.S.A. 1947, § 14-634; Acts 1995, No. 548, § 5.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-310 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 6; A.S.A. 1947, § 14-635; Acts 1995, No. 548, § 6.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-311 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 11; A.S.A. 1947, § 14-640; Acts 1995, No. 548, § 7.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-312 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, § 12; A.S.A. 1947, § 14-641.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-313 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1969, No. 74, §§ 8, 9; A.S.A. 1947, §§ 14-637, 14-638.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-314 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1995, No. 548, § 8.
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 3 - MINIMUM PREVAILING WAGE (§§ 22-9-301 — 22-9-315) › Section 22-9-315 - [Repealed]

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.
Acts 1995, No. 548, § 9.
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 4 - CONTRACTORS' BONDS (§§ 22-9-401 — 22-9-405) › Section 22-9-401 - Coverage

(a)
All surety bonds required by the State of Arkansas or any subdivisions thereof by any county, municipality, school district, or other local taxing unit, or by any agency of any of the foregoing for the repair, alteration, construction, or improvement of any public works, including, but not limited to, buildings, levees, sewers, drains, roads, streets, highways, and bridges shall be liable on all claims for labor and materials entering into the construction, or necessary or incident to or used in the course of construction, of the public improvements.
(b)
Claims for labor and materials shall include, but not be limited to, fuel oil, gasoline, camp equipment, food for workers, feed for animals, premiums for bonds and liability and workers' compensation insurance, rentals on machinery, equipment, and draft animals, and taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of, or in connection with, wages earned by workers on the project covered by the bond.
Acts 1929, No. 368, § 1; 1935, No. 82, § 1; Pope's Dig., §§ 958, 7771, 8004, 8883; Acts 1953, No. 261, §§ 1, 2; 1957, No. 209, § 3; A.S.A. 1947, § 14-604.
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 4 - CONTRACTORS' BONDS (§§ 22-9-401 — 22-9-405) › Section 22-9-402 - Authorized bonding companies - Agents

(a)
All bonds enumerated in §
22-9-401
and bid bonds enumerated in §
19-4-1405
shall be made by surety companies that have qualified and are authorized to do business in the State of Arkansas and are listed on the current United States Department of the Treasury's Listing of Approved Sureties.
(b)
(1)
The bonds shall be executed by a resident or nonresident agent.
(2)
The resident or nonresident agent shall:
(A)
Be licensed by the Insurance Commissioner to represent the surety company executing the bond; and
(B)
File with the bond the power of attorney of the agent to act on behalf of the bonding company.
Amended by Act 2013, No. 1015,§ 1, eff. 8/16/2013.
Acts 1929, No. 368, § 2; 1935, No. 82, § 2; Pope's Dig., §§ 959, 7772, 8005, 8884; A.S.A. 1947, § 14-605; Acts 1991, No. 1086, § 1; 2001, No. 980, § 1; 2005, No. 236, § 1.
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 4 - CONTRACTORS' BONDS (§§ 22-9-401 — 22-9-405) › Section 22-9-403 - Statutory liability as integral part of bond

The liability imposed by §
22-9-401
on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.
Amended by Act 2021, No. 986,§ 8, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 6243, eff. 7/1/2019.
Acts 1929, No. 368, § 3; 1935, No. 82, § 3; Pope's Dig., §§ 960, 7773, 8006, 8885; Acts 1957, No. 209, § 4; A.S.A. 1947, § 14-606; Acts 1997, No. 293, § 1; 2001, No. 496, § 1; 2001, No. 961, § 12.
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 4 - CONTRACTORS' BONDS (§§ 22-9-401 — 22-9-405) › Section 22-9-404 - Subcontractor bonds

(a)
(1)
If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under §
22-9-401
et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when:
(A)
The subcontractor is the low responsible bidder for that portion of the contract;
(B)
The state, pursuant to §
22-9-204
, requires the general contractor to list the subcontractor in the general contractor's bid; and
(C)
The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000).
(2)
If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor.
(b)
If the subcontractor fails to provide a payment and performance bond when required by the general contractor, the subcontractor shall lose the bid and shall pay to the general contractor a penalty equivalent to ten percent (10%) of the subcontractor's bid or the difference between the low bid and the next responsible bid and the next responsible low bid, whichever is less, plus cost of recovery of the penalty, including attorney's fees. The purpose of this section is to compensate the general contractor for the difference between the low bid and the next responsible low bid.
(c)
The general contractor may enforce this section by a civil action in circuit court.
(d)
The provisions of this section shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets.
Acts 1993, No. 190, §§ 1-3; 1993, No. 1061, §§ 1, 2.
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 4 - CONTRACTORS' BONDS (§§ 22-9-401 — 22-9-405) › Section 22-9-405 - Prohibition on directed suretyship

(a)
It is unlawful for any contracting body referenced in §
22-9-401
or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program.
(b)
Any person who violates the provisions of this section is guilty of a Class A misdemeanor.
Acts 2001, No. 771, § 1.
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 5 - DEPOSIT OF SECURITIES (§§ 22-9-501 — 22-9-505) › Section 22-9-501 - Substitution of securities for retained payments - Contracts generally

(a)
Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in §
22-9-502
, direct obligations of or obligations fully guaranteed by the United States Government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations.
(b)
No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal.
Acts 1969, No. 79, § 1; 1971, No. 98, § 1; 1973, No. 77, § 1; A.S.A. 1947, § 14-643.
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 5 - DEPOSIT OF SECURITIES (§§ 22-9-501 — 22-9-505) › Section 22-9-502 - Substitution of securities for retained payments - Highway contracts

(a)
With respect to all contracts made or awarded by the State Highway Commission, including the construction, improvement, or repair of any and all roads and bridges with appurtenances which are, by law, under the supervision of the commission, a contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract, upon making the deposits with the commission which are authorized in §
22-9-501
with respect to deposits to be made with the Treasurer of State.
(b)
All powers and authorities vested in the Treasurer of State with respect to deposits to be made as authorized in this subchapter, with respect to contracts made or awarded by the commission, shall be equally applicable to the commission with respect to deposits made with the commission.
(c)
The commission shall administer all powers vested in the Treasurer of State with respect to all deposits made in regard to contracts made or awarded by the commission.
Acts 1969, No. 79, § 6; A.S.A. 1947, § 14-648.
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 5 - DEPOSIT OF SECURITIES (§§ 22-9-501 — 22-9-505) › Section 22-9-503 - Assignment of retained payments

(a)
Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this subchapter, except that the assignment shall not be made without prior notification to the contracting agency of the state and the Treasurer of State.
(b)
The assignment shall not impair the equitable rights of the contractor's surety in the retained payments or in the securities substituted therefor in the event of the contractor's default in the performance of the contract or in the payment of labor and material bills or other obligations covered by the surety's bond.
Acts 1969, No. 79, § 5; A.S.A. 1947, § 14-647.
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 5 - DEPOSIT OF SECURITIES (§§ 22-9-501 — 22-9-505) › Section 22-9-504 - Deductions by state pursuant to contract

Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted first from that portion of the retained payments for which no security has been substituted and then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after the amount has been deducted.
Acts 1969, No. 79, § 4; A.S.A. 1947, § 14-646.
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 5 - DEPOSIT OF SECURITIES (§§ 22-9-501 — 22-9-505) › Section 22-9-505 - Powers and duties of Treasurer of State

(a)
The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter.
(b)
The services shall consist of the safekeeping of the securities and of all services required to effectuate the purposes of this subchapter.
(c)
The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations.
(d)
If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor.
Acts 1969, No. 79, §§ 2, 3; A.S.A. 1947, §§ 14-644, 14-645.
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 6 - RETAINAGE (§§ 22-9-601 — 22-9-604) › Section 22-9-601 - Definitions

As used in this subchapter:
(1)
"Construction contract" means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency;
(2)
"Cost of the project" means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract;
(3)
"Prime contractor" means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law;
(4)
"Progress payments" means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and
(5)
"Public agency" means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies.
Acts 1977, No. 235, § 1; 1979, No. 594, § 1; A.S.A. 1947, § 14-653.
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 6 - RETAINAGE (§§ 22-9-601 — 22-9-604) › Section 22-9-602 - When subchapter not applicable

The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets.
Acts 1977, No. 235, § 5; A.S.A. 1947, § 14-653.4.
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 6 - RETAINAGE (§§ 22-9-601 — 22-9-604) › Section 22-9-603 - Waiver of subchapter provisions prohibited

The parties to a construction contract to which this subchapter is applicable shall have no authority to vary or waive the provisions of this subchapter by agreement of the parties.
Acts 1977, No. 235, § 4; A.S.A. 1947, § 14-653.3.
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 6 - RETAINAGE (§§ 22-9-601 — 22-9-604) › Section 22-9-604 - Procedure

(a)
(1)
(A)
In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract.
(B)
(i)
A public agency may forego withholding retainage of the progress payments if:
(a)
The construction contract is fifty-percent (50%) complete;
(b)
The contractor has provided the work in a satisfactory manner; and
(c)
The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i)
(a)
and
(b)
of this section.
(ii)
This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.
(2)
If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed.
(b)
(1)
In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract.
(2)
Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys.
(c)
All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed.
(d)
In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment.
Amended by Act 2015, No. 866,§ 1, eff. 7/22/2015.
Acts 1977, No. 235, §§ 2, 3; A.S.A. 1947, §§ 14-653.1, 14-653.2; Acts 2007, No. 471, § 3; 2009, No. 193, § 10.
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 7 - DISPLACED PERSONS (§§ 22-9-701 — 22-9-702) › Section 22-9-701 - Relocation assistance and payments

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 U.S.C. § 4601
et seq., as it existed on January 1, 2021, undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 U.S.C. § 4601
et seq., as it existed on January 1, 2021.
Amended by Act 2021, No. 808,§ 1, eff. 7/28/2021.
Acts 1973, No. 12, § 2; A.S.A. 1947, § 14-1001.
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 7 - DISPLACED PERSONS (§§ 22-9-701 — 22-9-702) › Section 22-9-702 - Payments not compensation for realty taken

Any payment made under the authority granted in §
22-9-701
shall be for compensating or reimbursing the displaced person in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the payments shall not, for any purpose, be deemed or considered compensation for real property acquired or as compensation for damages to remaining real property.
Acts 1973, No. 12, § 3; A.S.A. 1947, § 14-1002.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-801 - Title

This subchapter shall be known and may be cited as the "Fair and Open Competition in Governmental Construction Act".
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-802 - Legislative intent

The General Assembly intends that this subchapter:
(1)
Provide for the efficient procurement of goods and services by governmental units;
(2)
Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects;
(3)
Provide for fair and open competition for construction contracts, grants, tax abatements, and tax credits awarded by governmental units;
(4)
Prohibit requirements for certain terms in construction contracts awarded by governmental units or supported through grants and tax subsidies and abatements by governmental units;
(5)
Prohibit expenditure of public funds under certain conditions;
(6)
Prohibit certain terms in procurement documents for certain expenditures by governmental units involving public facilities; and
(7)
Provide powers and duties for certain public officers, employees, and contractors.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-803 - Definitions

As used in this subchapter:
(1)
"Public agency" means:
(A)
An agency of the State of Arkansas;
(B)
An agency of a county, city, town, school district, or other political subdivision of the state;
(C)
A public trust;
(D)
A public entity specifically created by a statute of this state; and
(E)
A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and
(2)
(A)
"Public improvement" means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes.
(B)
"Public improvement" does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-804 - Public agency construction contracts - Prohibited terms

A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:
(1)
A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or
(2)
A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-805 - Grants, tax abatements, and tax credits - Prohibited terms

A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in §
22-9-804
in a contract document for construction, improvement, maintenance, or renovation of real property or fixtures that are the subject of the grant, tax abatement, or tax credit.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-806 - Construction document preparation - Prohibited terms

(a)
A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place a term described in §
22-9-804
in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of a public improvement.
(b)
A term included in a contract in violation of subsection (a) of this section is void.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-807 - Exceptions - Special circumstances

(a)
The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of §
22-9-804
if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(b)
A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
(1)
The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(2)
Employees on the project who are not members of or affiliated with a collective bargaining organization.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 8 - FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (§§ 22-9-801 — 22-9-808) › Section 22-9-808 - Applicability

(a)
This subchapter does not apply to public construction contracts executed before July 22, 2015.
(b)
This subchapter does not:
(1)
Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act,
29 U.S.C. §§ 151
-
169
;
(2)
Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act,
29 U.S.C. §§ 151
-
169
; or
(3)
Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if:
(A)
Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and
(B)
The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.
Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-901 - Title

This subchapter shall be known and may be cited as the "Fair Notice and Efficiency in Public Works Act".
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-902 - Legislative intent

The General Assembly intends for this subchapter to:
(1)
Provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units;
(2)
Promote the economical and efficient administration and completion of public works construction projects;
(3)
Provide for an impartial selection process in selecting statewide vendors to administer online advertisements of notices of an intention to receive bids by local governmental units;
(4)
Provide for fair and open competition in selecting vendors to accomplish the goals of this subchapter;
(5)
Prohibit anticompetitive conduct in vendors, including without limitation a vendor's having a direct interest in one (1) or more of the other vendors awarded a contract under this subchapter; and
(6)
Provide significant penalties for an individual or entity that violates this subchapter.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-903 - Definitions

As used in this subchapter:
(1)
"Public agency" means:
(A)
A county, city, town, and school district in this state; and
(B)
A department, agency, board, bureau, commission, committee, or authority of a county, city, town, or school district; and
(2)
"Vendor" means an individual, association, corporation, company, firm, organization, partnership, governmental entity, or any other entity that can provide an online system for the online advertisement of notice of an intention to receive bids under §§
22-9-203
and
22-9-209
.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-904 - Public Works Committee - Creation - Duties - Immunity

(a)
(1)
The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members:
(A)
The State Procurement Director or his or her designee;
(B)
The Executive Director of the Arkansas Press Association, Inc. or his or her designee;
(C)
The Executive Director of the Association of Arkansas Counties or his or her designee;
(D)
The President of the Arkansas Municipal League or his or her designee; and
(E)
The Executive Director of the Arkansas Association of Educational Administrators or his or her designee.
(2)
If a member of the committee elects not to participate:
(A)
The Governor shall appoint a replacement; and
(B)
The member who elects not to participate is not part of the committee.
(b)
The committee shall meet as needed but at least one (1) time each year.
(c)
The committee shall:
(1)
Administer this subchapter;
(2)
Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement;
(3)
Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter;
(4)
Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and
(5)
Perform an annual review and remove any noncompliant vendors under §
22-9-907
.
(d)
A majority vote of the members of the committee is required for the committee to take action.
(e)
(1)
The committee has the same immunity granted to state agencies under the Arkansas Constitution.
(2)
The individual members of the committee are immune to the same extent as state employees under §
19-10-305
.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-905 - Online notice for bids

A public agency may contract with a vendor selected under this subchapter to provide online advertisements of notices of an intention to receive bids under §§
22-9-203
and
22-9-209
.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-907 - Annual review - Removal of vendor - Penalties

(a)
The Public Works Committee shall review the performance and compliance of vendors selected under this subchapter.
(b)
After reasonable notice to the vendor and a reasonable opportunity for the vendor to have a hearing, the committee may remove a vendor's authority to perform the services provided for under this subchapter if the committee determines that the vendor's performance does not meet the goals of this subchapter.
(c)
(1)
A vendor who knowingly violates this subchapter:
(A)
Upon conviction is guilty of a Class B misdemeanor;
(B)
Is prohibited from performing services under this subchapter or being selected as a vendor under this subchapter for five (5) years; and
(C)
Shall pay damages to any public agency, person, or entity that is found to have ascertainable damages as a result of the vendor's violation of this subchapter.
(2)
The Office of State Procurement shall maintain a list of vendors that are prohibited from performing services.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
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 9 - FAIR NOTICE AND EFFICIENCY IN PUBLIC WORKS ACT (§§ 22-9-901 — 22-9-909) › Section 22-9-908 - Replacement of vendor

(a)
A vendor shall be replaced as soon as practicable using the procedure established under §
22-9-906
if the vendor:
(1)
Is unable to perform the services required under this subchapter;
(2)
Has its authority to perform the services provided for under this subchapter removed under §
22-9-907
; or
(3)
Is otherwise no longer performing the services required under this subchapter.
(b)
If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under §
22-9-907
, the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days.
(c)
An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under §
22-9-907
shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids.
Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.