All Roll Calls
Yes: 126 • No: 1
ArkansasSB5382025 Regular SessionSenate
TO AMEND THE ARKANSAS PROCUREMENT LAW.
Sponsored By: Ben Gilmore (Republican), Jeff Wardlaw (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 1 costs, 3 mixed.
Fewer entry barriers for state vendors
Agencies cannot require prior Arkansas state experience to submit a proposal through the competitive sealed proposals process. They also cannot reject bids, proposals, or qualifications statements simply because vendors did not answer an information request. That response can be required only when the solicitation says so and the procurement director or agency head approves.
More time for state contract proposals
Arkansas agencies must issue requests for proposals at least 20 business days before proposals are due. Reissuing a request before announcing an anticipated award requires extending the original deadline by at least 10 business days. Agencies other than colleges and universities must notify the Office of State Procurement seven calendar days before issuing bid or proposal requests.
Stronger cost checks for state contracts
Agencies must evaluate every responsible vendor's proposal cost during the initial review, before identifying vendors as potential contract winners. They must follow Office of State Procurement rules, policies, and guidance for scoring technical details and costs. For sealed bids and proposals, an unrealistic price is too low to reflect the vendor's ability to meet requirements. For sealed proposals, an unreasonable cost is too high for the work requested. The State Procurement Director must set rules for these price reviews.
Vendors can appeal state contracting bans
The state must send contracting-ban or suspension decisions to affected vendors and intervening parties within five calendar days after writing them. Affected vendors can appeal to the Secretary of the Arkansas Department of Shared Administrative Services under the director's rules. These decisions remain final and conclusive, subject to that appeal, and are not orders under the Arkansas Administrative Procedure Act.
State procurement workers need annual certification
State agency employees cannot conduct procurements without annual certification. The State Procurement Director must establish training and continuing education, with required education hours set by rule. Training is delivered in person or through live virtual courses. People handling competitive sealed proposal negotiations must also be trained and certified in negotiation and procurement processes. The Office of State Procurement provides Arkansas-law training and certification, and the director sets negotiation rules.
Contract protests bring protections and deadlines
A vendor named in an anticipated award must respond in writing within five calendar days after receiving protest notice. The state must send written protest decisions to the protestor and intervening parties within five calendar days after writing them. A timely protest generally blocks signing the contract while the protest is pending, but negotiations may continue. The procurement director or agency head can allow signing sooner through a written finding that delay threatens the State's substantial interests.
Local governments can skip professional bidding
Local governments can choose not to use competitive bidding for other professional services. This requires a two-thirds vote of the local government's governing body.
State gains remedies for unlawful contracts
Remedies apply when a legal review finds unlawful contract creation, solicitation, award, management, or modification. Depending on vendor fraud or bad faith, the State can approve and keep the contract, end it, or void it. The State can also require performance and appropriate damages when that serves its best interests.
Sponsors & Cosponsors
Sponsors
Ben Gilmore
Republican • Senate
Jeff Wardlaw
Republican • House
Cosponsors
Jimmy Hickey, Jr
Republican • Senate
Missy Irvin
Republican • Senate
Jim Dotson
Republican • Senate
Roll Call Votes
House vote • 4/16/2025
House Vote - Wednesday, April 16, 2025 12:38:09 PM
Yes: 93 • No: 0
Senate vote • 4/9/2025
Senate Vote - Wednesday, April 9, 2025 2:51:16 PM
Yes: 33 • No: 1 • Other: 1
Actions Timeline
Notification that SB538 is now Act 782
4/18/2025SenateDELIVERED TO GOVERNOR.
4/16/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/16/2025SenateORDERED ENROLLED
4/16/2025SenateReturned from the House as passed.
4/16/2025SenateReturned to the Senate as passed.
4/16/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/16/2025HouseReturned by the Committee Do Pass
4/15/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on STATE AGENCIES & GOVT'L AFFAIRS- HOUSE
4/9/2025HouseRECEIVED FROM THE SENATE
4/9/2025HouseOrdered immediately transmitted to the House.
4/9/2025SenateRead the third time and passed.
4/9/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/8/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
4/7/2025SenateREPORTED CORRECTLY ENGROSSED
4/7/2025SenateAmendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/7/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 2
4/7/2025SenateRules suspended.
4/7/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
4/2/2025SenateREPORTED CORRECTLY ENGROSSED
4/2/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/2/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 1
4/2/2025SenateRules suspended.
4/2/2025SenateRead first time, rules suspended, read second time, referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
3/20/2025SenateFiled
3/20/2025Senate
Bill Text
SB538 - Introduced
3/20/2025
Act Version
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