Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 27 - Office of State Procurement › Rule 006.27.12-001 - Rule 2012-3: Changes to the Arkansas Procurement Law

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to the authority vested in the Director of the Office of State
	 Procurement by Ark. Code Ann. §
								19-11-217
	 and in compliance with the Arkansas Procedure Act, Ark. Code Ann. §
								25-15-201 et
	 seq., the Director of the Office of State Procurement, with the approval of the
	 Director of the Department of Finance and Administration, as evidenced by his
	 signature below, does hereby promulgate and amend the following rules for the
	 enforcement and administration of the Arkansas Procurement Code.
R3: 19-11-203.
Proprietary
  Software
Software exemption under subsection (14)(BB) does not apply to the
	 initial purchase of proprietary software. Nor does the exemption apply to the
	 purchase of software that is part of any mandatory software contract. Exempt
	 software purchases shall include the purchase of additional proprietary
	 software licenses, copies, license renewals, software upgrades, and proprietary
	 software support for proprietary software after the initial
	 purchase.
R4: 19-11-203.
Signatures defined
The definition of "signed" for the purposes of submitting a
	 solicitation response can be found in the Uniform Commercial Code, Ark. Code
	 Ann. §
									4-1-201(39)
	 (General Definitions), which "...includes any symbol executed or adopted by a
	 party with present intention to authenticate a writing." Allowance should
	 therefore be made for any mark or writing, whether printed or cursive, which
	 that person uses as his signature. Electronic signatures shall also be
	 permitted, unless otherwise prohibited by law, pursuant to Ark. Code Ann.
	 §
									25-32-107.
R5: 19-11-203.
Tax-Supported
  Institutions defined.
" Tax-supported institutions" means institutions that derive at least
	 fifty percent (50%) of their revenue by appropriation from a taxing
	 jurisdiction.
R5: 19-11-217.
State Certification.
The State Procurement Director may create a statewide procurement
	 training and certification program to advance state agency procurement
	 personnel's knowledge.
R1:
  19-11-221.
Sale, acquisition or use of commodities by a
  public procurement unit.
Department of Correction Industry Program.
(1) The Department of Correction is
  authorized to enter into contracts, purchase orders, compacts or agreements
  with the appropriate officials of agencies of other states or of the federal
  government for the buying and selling of raw materials, goods and products
  produced by and belonging to their respective institutions. The buying and
  selling of these materials will be for the purpose of producing finished
  products through a correctional industries program.
(2) The Department of Correction shall be
  governed by Ark. Code Ann. §
									12-30-101
  et seq., §
									12-30-201 et
  seq., and other appropriate laws when utilizing the provisions of these
  regulations. The procurement official/agent for the Department of Correction is
  authorized to enter into contracts, orders, compacts or agreements pursuant to
  these regulations.
(3) Copies of
  all such contracts, orders, compacts or agreements entered into under the
  provisions of this regulation shall be kept by the Department of Correction
  with respect to all transactions, deliveries, and obligations under each
  contract, compact, or agreement
(4)
  All records and reports required pursuant to this regulation shall be available
  to public inspection during normal business hours, and shall be retained for a
  period of five (5) years after completion of the contract, compact, or
  agreement.