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 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-714 - Recovery of value transferred or received in breach of ethical standards

(a)
General Provisions.
The value of anything transferred or received in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee.
(b)
Recovery of Kickbacks by the State.
Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state and will be recoverable under this subchapter from the recipient. In addition, this value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery from other offending parties.
Amended by Act 2019, No. 315,§ 1788, eff. 7/24/2019.
Acts 1979, No. 483, § 13; A.S.A. 1947, § 14-1113.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-715 - Duties of Secretary of the Department of Transformation and Shared Services

(a)
Rules.
The Secretary of the Department of Transformation and Shared Services shall promulgate rules to implement this subchapter and shall do so in accordance with this subchapter and the applicable provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
Advisory Opinions.
On written request of employees or contractors and in consultation with the Attorney General, the secretary may render written advisory opinions regarding the appropriateness of the course of conduct to be followed in proposed transactions. Such requests and advisory opinions may be duly published in the manner in which rules of this state are published. Compliance with the requirements of a duly promulgated advisory opinion of the secretary shall be deemed to constitute compliance with the ethical standards of this subchapter.
(c)
Waiver.
On written request of an employee, the secretary may grant an employee a written waiver from the application of §
19-11-705
, which refers to employee conflict of interest, and grant permission to proceed with the transaction to such extent and upon such terms and conditions as may be specified. Such waiver and permission may be granted when the interests of the state so require or when the ethical conflict is insubstantial or remote.
Amended by Act 2019, No. 315,§ 1789, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3478, eff. 7/1/2019.
Acts 1979, No. 483, § 14; A.S.A. 1947, § 14-1114.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 7 - ETHICS (§§ 19-11-701 — 19-11-718) › Section 19-11-716 - Participation in business incubators - Rules and guidelines

(a)
The provisions of this subchapter shall not be applicable to faculty or staff of state-supported institutions of higher education participating in business incubators within this state.
(b)
(1)
The Secretary of the Department of Transformation and Shared Services shall promulgate rules pursuant to the procedure for adoption as provided under the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and under §
10-3-309
to implement a program allowing admittance to business incubators by faculty or staff of state-supported institutions of higher education or admittance by companies in which faculty or staff may hold an ownership interest.
(2)
The program may include guidelines setting forth full disclosure requirements, any limitations on ownership interests, maximum income amounts to be received, annual reporting to the General Assembly, mandatory levels of student participation and such other reasonable restrictions and requirements as are necessary to maintain the public trust while encouraging the facilitation of commercialization of university-generated technology or discovery.
Amended by Act 2019, No. 315,§ 1790, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3479, eff. 7/1/2019.
Acts 1989, No. 29, § 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 8 - PROCUREMENT OF PROFESSIONAL SERVICES (§§ 19-11-801 — 19-11-807) › Section 19-11-803 - Evaluation of qualifications

In evaluating the qualifications of each firm, the state agency or political subdivision shall consider:
(1)
The specialized experience and technical competence of the firm with respect to the type of professional services required;
(2)
The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;
(3)
The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines; and
(4)
The firm's proximity to and familiarity with the area in which the project is located.
Acts 1989, No. 616, § 3; 2003, No. 1315, § 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 8 - PROCUREMENT OF PROFESSIONAL SERVICES (§§ 19-11-801 — 19-11-807) › Section 19-11-804 - Selection

(a)
The state agency or political subdivision shall select three (3) qualified firms.
(b)
The state agency or political subdivision shall then select the firm considered the best-qualified and capable of performing the desired work and negotiate a contract for the project with the firm selected.
Acts 1989, No. 616, § 4; 2003, No. 1315, § 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 8 - PROCUREMENT OF PROFESSIONAL SERVICES (§§ 19-11-801 — 19-11-807) › Section 19-11-805 - Negotiation of contracts

(a)
For the basis of negotiations, the state agency or political subdivisions and the selected firm shall jointly prepare a detailed, written description of the scope of the proposed services.
(b)
(1)
(A)
If the state agency or political subdivision is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated.
(B)
The state agency or political subdivision shall then undertake negotiations with another of the qualified firms selected.
(2)
(A)
If there is a failing of accord with the second firm, negotiations with the firm shall be terminated.
(B)
The state agency or political subdivision shall undertake negotiations with the third qualified firm.
(c)
If the state agency or political subdivision is unable to negotiate a contract with any of the selected firms, the state agency or political subdivision shall reevaluate the necessary professional services, including the scope and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of this subchapter.
(d)
When unable to negotiate a contract for construction management, a public school district also shall perform a reevaluation of services in accordance with subsection (c) of this section.
Acts 1989, No. 616, § 5; 1995, No. 429, § 3; 1995, No. 1331, § 3; 2003, No. 1315, § 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 8 - PROCUREMENT OF PROFESSIONAL SERVICES (§§ 19-11-801 — 19-11-807) › Section 19-11-807 - Design-build construction - Definitions

(a)
As used in this section:
(1)
"Design-build" means a project delivery method in which the school district acquires both design and construction services in the same contract from a single legal entity, referred to as the "design-builder", without competitive bidding;
(2)
(A)
"Design-builder" means any individual, partnership, joint venture, corporation, or other legal entity that is appropriately licensed in the State of Arkansas and that furnishes the necessary design services, in addition to the construction of the work, whether by itself or through subcontracts, including, but not limited to, subcontracts for architectural services, landscape architectural services, and engineering services.
(B)
Architectural services, landscape architectural services, and engineering services shall be performed by an architect, landscape architect, or engineer licensed in the State of Arkansas.
(C)
Construction contracting shall be performed by a contractor qualified and licensed under Arkansas law; and
(3)
"Design-build contract" means the contract between the school district and a design-builder to furnish the architecture, engineering, and related services as required and to furnish the labor, materials, and other construction services for the same project.
(b)
(1)
Any school district may use design-build construction as a project delivery method for building, altering, repairing, improving, maintaining, or demolishing any structure, or any improvement to real property owned by the school district.
(2)
The design-builder shall contract directly with subcontractors and shall be responsible for the bonding of the project.
(3)
A project using design-build construction shall comply with state and federal law.
(c)
The Division of Public School Academic Facilities and Transportation shall develop and promulgate rules consistent with the provisions of this section concerning the use of design-build construction by school districts.
Acts 2005, No. 2155, § 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 9 - PURCHASES OF DISABLED WORK CENTER PRODUCTS AND SERVICES (§§ 19-11-901 — 19-11-902) › Section 19-11-901 - Purchase required - Exception

(a)
All suitable commodities and services, including small purchases, hereafter procured in accordance with applicable state specifications by or for any state department, institution, or agency shall be procured from nonprofit work centers for individuals with disabilities in all cases when such commodities are available within the period specified and at the fair market price for the article or articles so procured.
(b)
Services offered by work centers shall be procured by competitive sealed bidding as specified by §
19-11-229
, competitive sealed proposals as specified by §
19-11-230
, or competitive bidding as specified by §
19-11-234
, subject to purchase exceptions set forth in §
19-11-902
.
(c)
This section shall not apply in any cases in which products and services are available for procurement from any state department, institution, or agency, and procurement therefrom is required under the provisions of any law in effect on or after March 1, 1991.
Acts 2001, No. 1718, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1002 - Purpose of contracts

The principal purpose of a professional services contract or a consultant services contract is the procurement of services by the state agency rather than the procurement of commodities.
Acts 2003, No. 1315, § 13; 2005, No. 1680, § 14.
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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1003 - Contracts exempted

(a)
This subchapter shall not apply to the contracts of the Arkansas Department of Transportation that are covered by the technical work requirements and administrative controls of the Federal Highway Administration, nor shall the provisions of this subchapter be applicable to contracts entered into by the department in which the costs and fees are established by competitive bidding.
(b)
This subchapter shall not apply to contracts of institutions of higher education that are for services related to patents, copyrights, or trademarks.
(c)
This subchapter does not apply to contracts created under federally approved state plans for services reimbursed under Title V of the Social Security Act,
42 U.S.C. §§ 701
-
710
, or Title XIX of the Social Security Act,
42 U.S.C. §§ 1396
-
1396v
, as they existed on January 1, 2001, if those contracts and services conform to all applicable federal laws and rules, and to the ethical standards provided for in §
19-11-704
.
Amended by Act 2017, No. 707,§ 60, eff. 8/1/2017.
Amended by Act 2015, No. 218,§ 23, eff. 2/26/2015.
Acts 2003, No. 1315, § 13; 2009, No. 605, § 22; 2009, No. 606, § 22.
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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1004 - Restrictions on contracts

(a)
No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq.
(b)
No contract shall be approved that would be in violation of §
19-4-701
et seq. relating to expenditures.
(c)
(1)
Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in §
21-1-403
.
(2)
However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education.
(3)
An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if:
(A)
The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and
(B)
The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education.
(d)
No director or any other department head of any state agency shall receive additional compensation under this subchapter.
(e)
(1)
Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited.
(2)
However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under §
25-4-112
for which professional services contracts may be used.
Amended by Act 2023, No. 786,§ 36, eff. 4/12/2023.
Amended by Act 2019, No. 910,§ 2277, eff. 7/1/2019.
Amended by Act 2017, No. 365,§ 6, eff. 7/1/2017.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1005 - General guidelines and rules

The State Procurement Director, after soliciting suggestions from state agencies and after seeking and receiving the advice of the Attorney General and review by the Legislative Council or by the Joint Budget Committee, if the General Assembly is in session, shall publish general guidelines for the procurement of professional and consultant services contracts and general rules governing the use of each type of contract.
Amended by Act 2019, No. 315,§ 1794, eff. 7/24/2019.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1006 - [Repealed]

Repealed by Act 2019, No. 417,§ 9, eff. 7/24/2019.
Amended by Act 2015, No. 557,§ 7, eff. 8/1/2015.
Amended by Act 2013, No. 1189,§ 4, eff. 8/16/2013.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1007 - Certification by agency head

The head of every state agency shall certify by his or her signature on each contract entered into by that state agency that:
(1)
All information required by law and by rule is supplied;
(2)
The proper contracting form is utilized;
(3)
All information contained in the contract is true and correct to the best of his or her knowledge and belief;
(4)
All general guidelines prescribed by the State Procurement Director have been complied with;
(5)
The services proposed to be provided under the contract are necessary for operation of the state agency in fulfilling its legal responsibilities and cannot be provided by any existing state agency;
(6)
The contractor is fully qualified to perform the contract and has no vested interest in the subject matter of the contract that would constitute a conflict of interest and a bar to the contractor's providing services of a professional and disinterested quality;
(7)
The contract terms are reasonable and the benefits to be derived are sufficient to warrant the expenditure of the funds called for in the contract;
(8)
Sufficient funds are available to pay the obligations when they become due; and
(9)
A projected total cost of the contract is provided to include expenditures that may be incurred under all available periods of extension if the extensions were executed.
Amended by Act 2019, No. 315,§ 1795, eff. 7/24/2019.
Acts 2003, No. 1315, § 13; 2005, No. 1680, § 15.
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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1008 - Approval or disapproval of contracts

(a)
The State Procurement Director may make whatever additional inquiry he or she deems necessary and may require that additional information be supplied if he or she has reason to believe that the contract should be rejected because it does not comply with this subchapter.
(b)
The director shall return to the contracting state agency any contract which fails to comply with the applicable laws and rules governing the contract and shall approve any contract that complies with this subchapter.
(c)
(1)
The director shall have final and ultimate authority over the supervision and approval of all contracts described in this subchapter.
(2)
However, the director shall seek review of the Legislative Council or the Joint Budget Committee before approving or disapproving any contract or class or group of contracts authorized under this subchapter, unless the Legislative Council or Joint Budget Committee specifically exempts the contract or class or group of contracts by formal committee action.
Amended by Act 2019, No. 315,§ 1796, eff. 7/24/2019.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1009 - Filing of contracts

Service contracts filed with a state agency under §
19-4-1109
shall be available for public inspection and auditing purposes.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1010 - [Repealed]

Amended by Act 2019, No. 315,§ 1797, eff. 7/24/2019.
Repealed by Act 2019, No. 418,§ 6, eff. 7/24/2019.
Acts 2003, No. 1315, § 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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1011 - Review requirement

(a)
(1)
Every contract for professional consultant services covered by this subchapter that is executed using the professional and consultant service contract form approved by the State Procurement Director shall be filed with the Office of State Procurement.
(2)
The execution date of all contracts shall be defined as the date upon which performance of the services to be rendered under the contract is to begin and not the date upon which the agreement was made.
(b)
(1)
No purchase order shall be paid if a copy of the contract under which the payment is being made has not previously been filed with the Office of State Procurement.
(2)
No payment shall be made covering services rendered prior to the execution date of the contract.
(c)
(1)
It is the intent of the General Assembly that this section be strictly construed and enforced.
(2)
However, in the unusual event that an obligation has been incurred by a state agency under any contractual agreement or proposed contract prior to the approval of the contract, the Chief Fiscal Officer of the State may approve payment for such services after having first received the review of the Legislative Council.
Amended by Act 2019, No. 910,§ 6117, eff. 7/1/2019.
Acts 2003, No. 1315, § 13; 2005, No. 1680, § 16.
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 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1013 - [Repealed]

Repealed by Act 2019, No. 418,§ 7, eff. 7/24/2019.
Added by Act 2015, No. 557,§ 8, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1014 - Compliance reporting - Definition

(a)
Each report required under this subchapter shall be copied to the Secretary of the Department of Transformation and Shared Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, §
19-1-601
et seq.
(b)
If the secretary determines that a state agency, agency procurement official, or state official or employee may be in violation of the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, §
19-1-601
et seq., the secretary shall notify the chief executive officer of the relevant state agency.
Amended by Act 2019, No. 910,§ 3480, eff. 7/1/2019.
Added by Act 2015, No. 557,§ 8, eff. 8/1/2015.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 10 - PROFESSIONAL AND CONSULTANT SERVICES CONTRACTS (§§ 19-11-1001 — 19-11-1015) › Section 19-11-1015 - Cancellation of contract on entry of final business closure order - Definition

(a)
As used in this subchapter, "final business closure order" means a business closure order for which a contractor has either:
(1)
Waived further administrative review under §
26-18-1001
et seq.; or
(2)
Exhausted all remedies to appeal under §
26-18-1001
et seq.
(b)
The Revenue Division of the Department of Finance and Administration shall provide to the Office of State Procurement all final business closure orders entered into against a contractor.
(c)
Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable:
(1)
Notify each state agency with which the contractor has a contract that the:
(A)
Contractor is subject to a final business closure order; and
(B)
Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and
(2)
Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.
(d)
Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that:
(1)
Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and
(2)
The contractor may be awarded or maintain a contract with a state agency.
Added by Act 2019, No. 866,§ 2, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 11 - PURCHASE OF TECHNOLOGY SYSTEMS (§§ 19-11-1101 — 19-11-1103) › Section 19-11-1102 - Shared Benefit Payment Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Shared Benefit Payment Fund".
(b)
(1)
All moneys collected under this subchapter shall be deposited into the State Treasury to the credit of the fund as special revenues.
(2)
The fund also shall consist of any other revenues as may be authorized by law.
(c)
The fund shall be used by the state agencies to pay vendors for contracts entered into under this subchapter.
(d)
The fund shall consist of the amount of taxes or fees collected for the relevant time period less the baseline amount stated in each technology purchase contract entered into pursuant to §
19-11-1101
, which difference is attributable to the implementation and use of the technology systems as provided in the contract and approved under the provisions of §
19-11-1101(c)
.
(e)
As soon as practical after the close of each month during the biennial period beginning July 1, 2003, and thereafter, each agency purchasing official who has a technology purchase contract shall determine the difference between the amount of taxes or fees collected and the contract baseline amount and report these findings to the Chief Fiscal Officer of the State.
(f)
The Chief Fiscal Officer of the State shall certify to the Treasurer of State the following:
(1)
The amounts determined in subsection (e) of this section for transfer to the fund; and
(2)
That portion of the amount determined in subsection (e) of this section which is currently required to be paid to each technology contract vendor.
(g)
The Treasurer of State shall make the transfer of the amount determined in subdivision (f)(1) of this section, after making the deduction required from the net special revenues as set out in §
19-5-203(b)(2)(A)
.
Acts 2003, No. 1095, § 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 11 - PURCHASE OF TECHNOLOGY SYSTEMS (§§ 19-11-1101 — 19-11-1103) › Section 19-11-1103 - [Repealed]

Repealed by Act 2015, No. 218,§ 24, eff. 2/26/2015.
Acts 2009, No. 605, § 23; 2009, No. 606, § 23.
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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1201 - Title

This subchapter shall be known and may be cited as the "Guaranteed Energy Cost Savings Act".
Acts 2005, No. 1761, § 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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1203 - Energy cost savings measures authorized

(a)
(1)
A state agency may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities in accordance with this subchapter.
(2)
A state agency or several state agencies together may enter into an installment payment contract or lease purchase agreement with a qualified provider for the purchase and installation of energy cost savings measures in accordance with this subchapter.
(b)
All energy cost savings measures shall comply with current local, state, and federal construction and environmental codes and regulations.
(c)
The provisions of the Arkansas Procurement Law, §
19-11-201
et seq., shall control if there is any conflict with that law and the provisions of this subchapter.
Acts 2005, No. 1761, § 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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1204 - Method of solicitation

Any solicitation of a guaranteed energy cost savings contract by a state agency shall be consistent with the Arkansas Procurement Law, §
19-11-201
et seq.
Acts 2005, No. 1761, § 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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1205 - Evaluation of responses to solicitations

(a)
In a state agency's evaluation of each qualified provider's response to a solicitation under §
19-11-1204
, the state agency shall include an analysis of:
(1)
Whether the qualified provider meets the objectives of the solicitation, including without limitation a reduction in the state agency's energy consumption or operating costs resulting from a guaranteed energy cost savings contract with the qualified provider;
(2)
The qualifications and experience of the qualified provider;
(3)
The technical approach to the energy cost savings measures;
(4)
The financial aspects of the energy cost savings measures;
(5)
The overall benefit to the state agency; and
(6)
Any other relevant factors.
(b)
After evaluating a response to a solicitation as required under subsection (a) of this section, a state agency may:
(1)
Reject the response; or
(2)
Award a contract to a qualified provider to conduct an energy audit to be used in developing the guaranteed energy cost savings contract.
Amended by Act 2013, No. 554,§ 5, eff. 8/16/2013.
Acts 2005, No. 1761, § 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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1206 - Guaranteed energy cost savings contract requirements

(a)
The following provisions are required in a guaranteed energy cost savings contract:
(1)
A statement that the state agency shall maintain and operate the energy cost savings measures as defined in the guaranteed energy cost savings contract; and
(2)
A guarantee by the qualified provider that:
(A)
The energy cost savings and operational cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy cost savings measures; and
(B)
If the annual energy or operational cost savings fail to meet or exceed the annual costs of the energy cost savings measure as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the state agency for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract.
(b)
(1)
If a guaranteed energy cost savings contract includes energy cost savings measures that possess either an active equipment warranty period or a combined useful life in excess of twenty (20) years, a guaranteed energy cost savings contract may be extended to the length of the:
(A)
Equipment warranty period; or
(B)
Weighted useful life of the relevant energy cost savings measures.
(2)
A guaranteed energy cost savings contract shall not exceed twenty (20) years without approval of the Arkansas Energy Office of the Division of Environmental Quality.
(c)
Before entering into a guaranteed energy cost savings contract, the state agency shall require the qualified provider to file with the state agency a payment and performance bond or similar assurance as provided under §
19-11-235
.
Amended by Act 2019, No. 507,§ 4, eff. 7/24/2019.
Amended by Act 2013, No. 554,§ 6, eff. 8/16/2013.
Acts 2005, No. 1761, § 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 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1207 - Administration of subchapter - Fees

(a)
The Arkansas Energy Office of the Division of Environmental Quality shall administer this subchapter.
(b)
The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this subchapter to include without limitation the following:
(1)
Standards for measuring and verifying the performance of energy cost savings measures;
(2)
A standard contract form for use by a state agency in entering into a guaranteed energy cost savings contract;
(3)
The adoption of the International Performance Measurement and Verification Protocol as it existed on a specific date; and
(4)
To establish and collect a reasonable fee to cover the costs of administering this subchapter.
Amended by Act 2019, No. 315,§ 1800, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3208, eff. 7/1/2019.
Amended by Act 2017, No. 271,§ 15, eff. 8/1/2017.
Added by Act 2013, No. 554,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 12 - GUARANTEED ENERGY COST SAVINGS ACT (§§ 19-11-1201 — 19-11-1208) › Section 19-11-1208 - Use of maintenance and operation appropriations

(a)
Notwithstanding any law to the contrary, a state agency may utilize maintenance and operations appropriations for the payment of equipment and energy cost savings measures required by a guaranteed energy cost savings contract.
(b)
An energy cost savings measure shall be treated as an energy efficiency project under Arkansas Constitution, Amendment 89.
Amended by Act 2013, No. 1252,§ 6, eff. 8/16/2013.
Added by Act 2013, No. 554,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 13 - PARTIAL EQUITY OWNERSHIP AGREEMENT EXECUTED BY A STATE RETIREMENT SYSTEM (§§ 19-11-1301 — 19-11-1304) › Section 19-11-1301 - Definition

As used in this subchapter, "partial equity ownership agreement" means an agreement with a legal entity, including without limitation a partnership, a limited partnership, a limited liability company, or similar legal entity that:
(1)
Includes a state retirement system as a partner, a limited partner, or a partial owner;
(2)
Creates an equity interest or ownership position for the state retirement system; and
(3)
Utilizes retirement trust funds that are not appropriated by the General Assembly.
Acts 2009, No. 1211, § 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 13 - PARTIAL EQUITY OWNERSHIP AGREEMENT EXECUTED BY A STATE RETIREMENT SYSTEM (§§ 19-11-1301 — 19-11-1304) › Section 19-11-1302 - Review of partial equity ownership agreements

(a)
A partial equity ownership agreement is subject to review by submission of the partial equity ownership agreement to the Office of State Procurement and the Legislative Council under this section.
(b)
Since the partial equity ownership agreement is fundamentally and substantially different from a state contract for commodities, goods, and services that are reviewed under the Arkansas Procurement Law, §
19-11-201
et seq., or other contract that is reviewed under subchapters 1-12 of this chapter, and since the partial equity ownership agreement is utilizing retirement trust funds that are not appropriated by the General Assembly, the partial equity ownership agreement is not subject to:
(1)
A limitation of the term or duration of the partial equity ownership agreement; or
(2)
An annual renewal clause.
(c)
When submitting a partial equity ownership agreement for review, the state retirement system shall provide information that includes without limitation:
(1)
The managing parties to the partial equity ownership agreement;
(2)
The state retirement system's interest and ownership in the partial equity ownership agreement;
(3)
The reason for the formation of or entry into the partial equity ownership agreement;
(4)
Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§
24-2-610
-
24-2-619
;
(5)
The anticipated date of implementation of the partial equity ownership;
(6)
The anticipated termination date of the partial equity ownership agreement; and
(7)
Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.
Acts 2009, No. 1211, § 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 13 - PARTIAL EQUITY OWNERSHIP AGREEMENT EXECUTED BY A STATE RETIREMENT SYSTEM (§§ 19-11-1301 — 19-11-1304) › Section 19-11-1303 - Imminent need to enter into partial equity ownership agreement

(a)
In lieu of a review under §
19-11-1302
, a partial equity ownership agreement that necessitates immediate formation shall be reviewed by the Office of State Procurement and the Legislative Council under this section.
(b)
(1)
The board of trustees of a state retirement system may enter into a partial equity ownership agreement or substantially alter the terms of an existing partial equity ownership agreement if the board of trustees passes a resolution that:
(A)
Determines an imminent need to immediately form or enter into the partial equity ownership agreement;
(B)
Deems it financially appropriate to immediately form or enter into a partial equity ownership agreement; and
(C)
Concludes that to forego the opportunity to promptly implement the board of trustees' investment directives under the prudent investor rule as set out in §§
24-2-610
-
24-2-619
would be inconsistent with the board of trustees' fiduciary duty of care to the retirants.
(2)
The board of trustees of the state retirement system shall provide the office and the Legislative Council with a copy of the resolution under subsection (a) of this section within five (5) business days of the passage of the resolution.
(c)
For a partial equity ownership agreement reviewed under this section, the retirement system shall submit information to the office and the Legislative Council within thirty (30) days of the passage of the resolution that discloses:
(1)
The managing parties to the partial equity ownership agreement;
(2)
The state retirement system's interest and ownership in the partial equity ownership agreement;
(3)
The reason for the immediate formation or entry into a partial equity ownership agreement;
(4)
Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§
24-2-610
-
24-2-619
;
(5)
The anticipated date of implementation;
(6)
The anticipated termination date of the partial equity ownership agreement; and
(7)
Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.
(d)
As may be reasonably required by the Legislative Council, a member of the board of trustees, the director of the respective state retirement system, or the director's appointee shall appear at the next scheduled meeting of the Legislative Council after the receipt of the information under subsection (c) of this section to present the information and explain the details of the partial equity ownership agreement.
Acts 2009, No. 1211, § 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 13 - PARTIAL EQUITY OWNERSHIP AGREEMENT EXECUTED BY A STATE RETIREMENT SYSTEM (§§ 19-11-1301 — 19-11-1304) › Section 19-11-1304 - Retrospective review of partial equity ownership agreement to ensure disclosure

(a)
Before April 7, 2009, if a state retirement system has entered into a partial equity ownership agreement that has not been submitted previously for review under §
19-11-101
et seq., the Arkansas Procurement Law, §
19-11-201
et seq., or §
19-11-801
et seq., then the partial equity ownership agreement shall be reviewed retrospectively under this section.
(b)
The board of trustees of a state retirement system shall submit information that the Office of State Procurement or the Legislative Council may reasonably require to allow a retrospective review of a partial equity ownership agreement under this section.
Acts 2009, No. 1211, § 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 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1401 - Title

This subchapter shall be known and may be cited as the "Construction Manager-General Contractor Method of Procurement Pilot Program".
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
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 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1402 - Legislative findings

The General Assembly finds that:
(1)
An efficient transportation system is critical for Arkansas's economy and the quality of life of the state's residents;
(2)
Transportation projects are costly and the revenues currently available for highways and local roads are inadequate to preserve and maintain existing infrastructure and to provide funds for highway improvements;
(3)
The State Highway Commission has developed an alternative, cost-effective, procurement procedure for transportation projects performed by the commission and the Arkansas Department of Transportation;
(4)
A construction manager-general contractor method allows the commission to engage a construction manager:
(A)
To assist during the design and development process of the transportation project, including without limitation to provide input concerning the transportation project's:
(i)
Design;
(ii)
Scheduling;
(iii)
Pricing; and
(iv)
Phasing; and
(B)
Who may subsequently become the general contractor and construct the transportation project if the parties agree on a guaranteed maximum price; and
(5)
The cost-effective benefits are achieved by shifting the liability and risk for cost containment and transportation project scheduling to the construction manager, which leads many states to call this method the "construction manager at-risk method".
Amended by Act 2019, No. 1019,§ 1, eff. 7/24/2019.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
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 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1403 - Definitions

As used in this subchapter:
(1)
"Authorized contingency" means a provision prepared and submitted by the construction manager-general contractor as part of the guaranteed maximum price that is designed to cover costs that may result from:
(A)
Incomplete design;
(B)
Unforeseen and unpredictable conditions; or
(C)
Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties;
(2)
"Construction manager-general contractor" means a business firm or a legal entity selected by the Director of State Highways and Transportation to act as a construction manager to provide preconstruction services during the design and development phase of a transportation project;
(3)
"Construction manager-general contractor method" means a transportation project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services and may subsequently construct the whole transportation project or any part of the transportation project as the general contractor if the Arkansas Department of Transportation and the construction manager-general contractor reach an agreement on a guaranteed maximum price;
(4)
"Guaranteed maximum price" means:
(A)
The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's:
(i)
Direct costs;
(ii)
Overhead;
(iii)
Profit; and
(iv)
Any authorized contingency; and
(B)
Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;
(5)
"Preconstruction services" means work, labor, or services, including services furnished in connection with the design and development of a transportation project before the construction phase, including without limitation:
(A)
Cost estimates;
(B)
Schedule analysis;
(C)
Sequencing of work;
(D)
Risk identification and mitigation;
(E)
Constructability reviews;
(F)
Evaluation of alternative construction options;
(G)
Assistance with various permits;
(H)
Coordination with public or private utility service providers;
(I)
Communication with third-party stakeholders or the public; and
(J)
Development of a guaranteed maximum price; and
(6)
"Request for proposals" means a document or publication soliciting proposals for a contract for construction of a transportation project between a construction manager-general contractor and the department.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.