Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 27 - Office of State Procurement › Rule 006.27.05-002 - Amended Rules Implementing Governor's Executive Order 98-04 and Act 34 of 1999

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to the authority vested in the Department of Finance and
	 Administration by Ark. Code Ann. §§
								19-11-217,
	 19-11-715,
	 21-5-207,
	 and
	 25-8-102,
	 and by Act 34 of the 1999 Acts of the Arkansas General Assembly, and in the
	 Chief Fiscal Officer of the State by Ark. Code Ann. §
								19-4-104,
	 and by the promulgation of Executive Order 98-04, and in compliance with Ark.
	 Code Ann. §
								25-15-204
	 and Ark. Code Ann. §
								10-3-309,
	 the Director of the Department of Finance and Administration, with the approval
	 of the Governor, does hereby promulgate the following rule for the enforcement
	 and administration of Executive Order 98-04, Act 34 of 1999 and of Act 2262 of
	 the 2005 Acts of the Arkansas General Assembly, to take effect as amended, on
	 August 12, 2005.
1.
Definitions
- For purposes of this Rule, unless
  otherwise required by the context, the following definitions apply:
A. AGENCY OR STATE AGENCY shall mean every
  agency, board, commission, department, division, institution, and other office
  of state government located within the executive branch of government and under
  the control of the Governor, for purposes of Executive Order 98-04. For
  purposes of Act 34 of 1999, State Agency is defined to also include an office
  of state government located within the legislative and judicial branches of
  government. Agency shall also include state-supported colleges and
  universities.
B. BOARD OR
  COMMISSION MEMBER shall mean any person who is an appointed member of a state
  board or commission, whether appointed by a member of the legislative,
  executive, or judicial branches of government, or otherwise.
C. COMPETITIVE SEALED BID shall mean a method
  of procurement in which the purchase price exceeds twenty-five thousand dollars
  ($25,000). It requires issuance of an Invitation to Bid, public notice, public
  opening at a pre-designated time and place, and award to the lowest responsive
  and responsible bidder.
D.
  CONSTITUTIONAL OFFICER shall mean Governor, Lieutenant Governor, Secretary of
  State, Treasurer of State, Attorney General, Commissioner of State Lands, and
  Auditor of State, for purposes of Executive Order 98-04. For purposes of Act 34
  of 1999, "constitutional officer" shall include, in addition to the foregoing,
  members of the Arkansas House of Representatives and members of the Arkansas
  Senate. For purposes of clarity, when the Rule refers to "constitutional
  officer" the intent is to refer only to Governor, Lieutenant Governor,
  Secretary of State, Treasurer of State, Attorney General, Commissioner of State
  Lands, and Auditor of State. When the intent is to also include members of the
  General Assembly, the Rule shall state "constitutional officer, including
  members of the General Assembly."
E. CONTRACT shall mean any agreement entered
  into by and between a state agency and an individual or entity pursuant to
  which the agency agrees to purchase or lease tangible personal property, real
  property, or services, or any agreement for the disposal of commodities and
  services. Contract includes, but is not limited to, awards and notices of
  award; contracts of a fixed price, cost, or incentive type; contracts providing
  for the issuance of job or task orders, leases, lease purchase agreements,
  letter contracts, purchase orders, and professional or consultant services
  contracts. Contract also includes supplemental agreements with respect to any
  of these categories.
F. CONTRACT
  LABOR shall mean temporary personnel hired through a private employment agency
  to meet unanticipated staffing needs. The duration of these assignments cannot
  exceed six (6) consecutive weeks per calendar quarter. Expenses for these
  services are paid from the agency/institution maintenance and operations
  budget. Temporary personnel hired in this manner are not state
  employees.
G. CONTRACTOR shall mean
  any individual or entity that enters into a contract with a state
  agency.
H. EMERGENCY PROCUREMENT
  means the acquisition of commodities or services which, if not immediately
  initiated, will endanger human life or health, state property, or the
  functional capacity of a state agency.
I. ENTITY shall mean any type of business
  organization other than an individual, including, but not limited to, a
  corporation, partnership, limited liability company, or joint
  venture.
J. FORMER BOARD OR
  COMMISSION MEMBER shall mean any person who was a board or commission member
  within two years prior to entering into any contract with a state
  agency.
K. FORMER CONSTITUTIONAL
  OFFICER shall mean any person who was a Constitutional Officer within two years
  prior to entering into any contract with a state agency.
L. FORMER MEMBER OF THE GENERAL ASSEMBLY
  shall mean any person who was a member of the General Assembly within two years
  prior to entering into any contract with a state agency.
M. FORMER STATE EMPLOYEE shall mean any
  person who was a state employee of any state agency within two years prior to
  entering into any contract a state agency.
N. GRANTS shall mean all appropriations made
  by the General Assembly from state, federal, or other moneys for educational
  assistance, welfare grants, rehabilitation services, aid to counties and
  municipalities, and to all other special appropriations which have for their
  purpose the appropriating of state, federal, or other moneys for public
  benefits; provided, however, grants shall not include scholarships to
  institutions of higher education. For purposes of this Rule, a discretionary
  grant is a grant in which the recipient of the grant funds or the formula for
  the grant award is not specifically stated in the legislation authorizing the
  grant.
O. IMMEDIATE FAMILY MEMBER
  shall mean an individual's spouse, children of that individual or his or her
  spouse, and brothers, sisters, or parents of the individual or his or her
  spouse.
P. INDIVIDUAL shall mean
  one particular person.
Q. JOB
  CREATED OR ENHANCED BY LEGISLATION shall mean any regular salary or extra-help
  position created by legislation or any position previously created by
  legislation for which the salary was increased in excess of fifteen percent
  (15%) authorized by legislative action or was upgraded or
  reclassified.
R. LEASE shall mean a
  contract by which an individual or entity conveys to another an interest in
  real property or tangible personal property for a designated period of time for
  a specified rent or other compensation. Lease shall include transactions in
  which a transfer of title or possession of tangible personal property occurs,
  such as a license transaction.
S.
  LEASE-PURCHASE AGREEMENT shall mean a lease containing a purchase option
  providing that the lessee's periodic payments, or parts thereof, may be applied
  to the rent required and to the payments required to purchase the property,
  upon lessee exercising the purchase option; a conditional sales
  contract.
T. MEMBERS OF THE GENERAL
  ASSEMBLY shall mean member(s) of the Arkansas House of Representative or of the
  Arkansas Senate. The term "Legislator," when used in the Rule, shall have the
  same meaning.
U. POSITION OF
  CONTROL shall mean the possession, direct or indirect, of the power to direct
  or cause the direction of the purchasing policies of an entity, or the power to
  exercise a deciding influence over the management of the entity.
V. PUBLIC OFFICIAL shall mean The Secretary
  of State, Governor, Lieutenant Governor, Treasurer of State, Auditor of State,
  Attorney General, Commissioner of State Lands, a member of the Senate, and a
  member of the House of Representatives; The executive head of any agency,
  department, board, commission, institution, bureau, or council of this
  state.
W. PURCHASE AGREEMENT shall
  mean any written instrument evidencing the agreement of an agency to purchase
  tangible personal property or services from a vendor.
X. RELATIVE shall mean the definition of
  Immediate Family Member plus stepmother, stepfather, stepbrother, stepsister,
  half-brother, half-sister, daughter-in-law, son-in-law, uncle, aunt, first
  cousin, nephew, or niece.
Y.
  REQUEST FOR PROPOSAL shall mean a method of procurement which requires issuance
  of a Request for Proposal, public notice, public opening at a pre-designated
  time and place, and evaluation of proposals to determine the relative abilities
  of bidders to perform, including the degree of technical or professional
  experience, and price is not the only consideration in selection of the
  bidder.
Z. SOLE SOURCE shall mean a
  procurement or contractual agreement which by virtue of the performance
  specifications is available from a single source.
AA. STATE AGENCY INTERNAL AUDIT OFFICE shall
  mean the Internal Audit Section of the Office of Accounting created by
  Executive Order 04-04 within the Department of Finance and Administration to
  promote accountability, integrity, and efficiency in the operation of the
  Executive Branch. This Office shall be responsible for the examination of
  records that agencies are required to maintain pursuant to Executive Order
  98-04 and this Rule.
BB.
  SUPERVISORY EMPLOYEE shall mean any individual having authority in the interest
  of the state agency to hire, transfer, suspend, layoff, recall, promote,
  discharge, assign, reward, or discipline other employees of a state agency; or
  the responsibility to direct other employees of a state agency, to adjust their
  grievances, or to effectively recommend an action if the exercise of authority
  is not of a merely routine or clerical nature, but requires the use of
  independent judgment.
CC. STATE
  EMPLOYEE shall mean any employee of any state agency employed in a regular
  salary position or extra-help position not to include contract labor.
DD. SUBCONTRACTOR shall mean any person or
  entity entering into an agreement with a state agency contractor, whereby the
  contractor assigns or otherwise delegates to the person or entity, for
  consideration, all, or any part, of the performance required of the contractor
  under the terms of the contract between the state agency and the contractor.
  For purposes of this Rule, the term subcontractor shall apply to any assignment
  of an agreement with a state agency, specifically including, but not limited
  to, a contract, a purchase agreement, and a lease.
EE. TAXPAYER IDENTIFICATION NUMBER (TIN)
  shall mean the individual's Social Security Number or the entity's Federal
  Identification Number.
FF. VENDOR
  shall mean an individual or entity that offers commodities or services for
  sale.