Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 27 - Office of State Procurement › Rule 006.27.16-001 - Rule 2015-3 Changes to Rules Under 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 Administrative 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, amend, and rescind, the following
	 rules for the enforcement and administration of the Arkansas Procurement
	 Code.
R2: 19-11-203.
Capital
  Improvements.
Under subsection (14)(Y), capital improvements valued at less than
	 twenty thousand dollars ($20,000) subject to Department of Finance and
	 Administration Building Authority Division minimum standards and criteria are
	 exempt from the requirements of the Procurement Law.
R3: 19-11-204.
Procedures for approval
  of information technology products or services obtained by requests for
  qualification.
(Rescinded)
R13:
  19-11-229.
Procedures for approval of information technology
  products or services obtained by competitive sealed bids.
(Rescinded)
R11:
  19-11-230.
Procedures for approval of information technology
  products or services obtained by competitive sealed proposals.
(Rescinded)
R3:
  19-11-232.
Procedures for approval of information technology
  products or services obtained by sole source.
(Rescinded)
R1:
  19-11-233.
Emergency procurements.
(a) BIDS. The state agency must, at a
  minimum, receive three (3) competitive bids unless the emergency is critical.
  The quotation abstract must show the names of at least three (3) firms
  contacted in attempting to obtain competition.
(b) APPROVAL. All emergency procurements
  shall be approved in advance by the State Procurement Director, the head of a
  procurement agency, or a designee of either officer. Where time or circumstance
  does not permit prior approval, approval must be obtained at the earliest
  practical date. Requests for approval shall be made in writing and shall
  include:
(1) a copy of the purchase
  order;
(2) a copy of the quotation
  abstract; and
(3) a written
  explanation of the emergency.
(c) TIE BIDS.
(1) Definitions: As used in this section
(i) "Arkansas company" means a domestic
  corporation, limited liability company, partnership, or not-for-profit
  organization as defined by Arkansas law; and
(ii) "Out-of-state company" means all foreign
  entities as defined by Arkansas law.
(2) In the event the lowest prices offered
  result in a tie bid, the person responsible for awarding a contract must ensure
  that all offers meet specifications.
(3) In the event of a tie bid between two or
  more offers that meet the specifications as required and where one of the
  offerors is an Arkansas company, then the award shall be made to that Arkansas
  company.
(4) In the event of a tie
  bid between two or more offers that meet the specifications as required
(i) and where at least two of the offerors
  are Arkansas companies, then an award will be determined by lot (flip of a
  coin) between those Arkansas companies;
(ii) or if all of the offerors are
  out-of-state companies, then an award will be determined by lot (flip of a
  coin) among all the bidders.
(5) The coin flip will be done in the
  presence of at least one witness by the person responsible for awarding the
  contract. All witnesses must be employees of the State of Arkansas. A
  documentation of the coin flip must be included on the tabulation or bid
  history sheet and be signed by the person responsible for awarding the contract
  and all witnesses.
(d)
  Professional and Consultant Services. Emergency procurements of professional
  and consultant services with a total projected contract amount, including any
  amendments or possible extensions, of less than fifty thousand dollars
  ($50,000) may be procured using the method as described in R1:
  19-11-233(A)
  through (C). For those PCS contracts with a
  total projected contract amount, including any amendments or possible
  extensions, of fifty thousand dollars ($50,000) or more, the agency chief
  fiscal officer or equivalent or director, division director or deputy director
  of an agency, college or university may institute a request for emergency
  action review of a professional or consultant service contract by providing in
  writing a request to the Director of State Procurement. The request must detail
  that to procure using other methods would endanger human life or health, state
  property or the functional capability of the agency. The State Procurement
  Director may then approve submission of the contract to the Legislative
  Council. Under its emergency action procedures, the Co-chairpersons of the
  Legislative Council and/or the Co-chairpersons of the Legislative Council
  Review Committee may review PCS contracts on behalf of the Legislative Council,
  provided a written report of the review process is presented to the Legislative
  Council at its next regular meeting.
(e) Technical and General Services. Emergency
  procurements of technical and general services with a total projected contract
  amount, including any amendments or possible extensions, of less than one
  hundred thousand dollars ($100,000) may be procured using the method as
  described in R1:
  19-11-233(A)
  through (C). For those technical and general
  services contracts with a total projected contract amount, including any
  amendments or possible extensions, of one hundred thousand dollars ($100,000)
  or more, the agency chief fiscal officer or equivalent or director, division
  director or deputy director of an agency, college or university may institute a
  request for emergency action review of a technical and general services
  contract by providing in writing a request to the Director of State
  Procurement. The request must detail that to procure using other methods would
  endanger human life or health, state property or the functional capability of
  the agency. The State Procurement Director may then approve submission of the
  contract to the Legislative Council. Under its emergency action procedures, the
  Co-chairpersons of the Legislative Council and/or the Co-chairpersons of the
  Legislative Council Review Committee may review technical and general services
  contracts on behalf of the Legislative Council, provided a written report of
  the review process is presented to the Legislative Council at its next regular
  meeting.