Arkansas Administrative Code

18 CAR § 21-405. Claims for securities with multiple owners. Where the property at issue is a security with multiple owners, and the first owner to make a claim elects to sell the security, the entire security shall be liquidated.

18 CAR § 21-406. Dispute resolution. (a) If a claimant disagrees with a final determination by the Auditor of State regarding payment of a claim, the claimant can file an action with the Pulaski County Circuit Court, naming the Auditor of State as a defendant pursuant to Arkansas…

18 CAR § 21-407. Delivery to owners absent a claim. Pursuant to Arkansas Code § 18-28-215(e), the Auditor of State may, in its sole discretion, deliver property to an owner absent a claim when the following criteria are met: (a) The property was delivered with owner identificatio…

18 CAR § 21-408. Oil and gas. (a) Production inactivity can be determined based on continuity of payments. (b) For purposes of unclaimed property reporting, if no payments are made in the preceding three (3) years, a well can be considered inactive without a division order.…

18 CAR § 21-501. Contracts. (a) All agreements to locate property on behalf of an apparent owner must be: (1) In writing; (2) Signed by all parties thereto; (3) Dated; and (4) Notarized. (b) For claims in which a finder is assisting an apparent owner, the finder must submit to th…

18 CAR § 21-502. Fees. (a) No person shall be entitled to a fee for discovering presumptively abandoned property until it has been in custody of the Auditor of State for at least twenty-four (24) months. (b) The total amount that a finder may charge an apparent owner shall be lim…

18 CAR § 21-601. Third-party auditors permissible. The Auditor of State may contract with private auditors for unclaimed property examinations and to determine holders’ compliance with the applicable laws and regulations.

18 CAR § 21-602. Fee structure. A contract to conduct an examination may provide for compensation of the vendor based on a: (1) Fixed fee; (2) Hourly fee; or (3) Contingent fee.

18 CAR § 21-603. Expertise and duties. (a) A contract auditor shall collectively possess sufficient training and experience to adequately perform unclaimed property examinations. (b) A contract auditor shall not engage in any unclaimed property examination without written authori…

18 CAR § 21-604. Limitations. (a) The requirements and obligations placed on third-party auditors in this section of the Arkansas Unclaimed Property Administrative Rules govern the relationship between the Auditor of State and its contract auditors. (b) Nothing in this section cr…

19 CAR § 1-1001. Work Center-Made Products Program rules. (a) For the purposes of the Work Center-Made Products Program, the fair market price of commodities offered in a competitive environment shall be at least twenty percent (20%) more than the cost of materials. (b) In the ca…

19 CAR § 1-1002. Work center certification. (a) Before commodities and services may be procured from work centers, the work center will be required to maintain evidence of certification from: (1) The United States Department of Labor as a sheltered workshop and a license from the…

An error occured while loading the data: Timeout expired. The timeout period elapsed prior to completion of the operation or the server is not responding. - at System.Data.SqlClient.TdsParser.ThrowExceptionAndWarning(TdsParserStateObject stateObj, Boolean callerHasConnectionLock,…

19 CAR § 1-1004. Work center applications for bidding. (a) All work centers that wish to participate in the Work Center-Made Products Program will be required to register as a vendor with the Office of State Procurement. (b) The office may check with Arkansas Rehabilitation Servi…

19 CAR § 1-1005. Purchase procedure. In the case of small order procurement, competitive bidding, and competitive sealed bidding and proposals, the agency shall procure commodities and services from the work centers when contract terms and specifications are equal and the price i…

19 CAR § 1-1006. Reporting. (a) Agencies must document purchases of work-center-made products as well as purchases of non-work center made commodities and services when work centers are competing but were unsuccessful in obtaining the contract. (b) Semiannual reports including th…

19 CAR § 1-101. Collection and maintenance of vendor EEO policies. (a) Equal opportunity (E.O.) policies are required from vendors who submit responses to state agencies or the Office of State Procurement for procurements of professional and consultant services where the dollar v…

19 CAR § 1-102. Ethical standards. In accordance with Arkansas Code § 19-11-708(a), (b), and (c), the following statement must be conspicuously set forth in all contracts and solicitations costing more than twenty thousand dollars ($20,000): It shall be a breach of ethical standa…

19 CAR § 1-103. Employment of illegal immigrants—Prohibition—Certification by contractor. (a)(1) Prior to the award of a contract, the contractor must certify that the contractor does not, and agrees that for the aggregate term of the contract will not, employ or contract with an…

19 CAR § 1-104. Definitions of terms used in the Arkansas Procurement Law. (a)(1) “Commodities” is a broad term that encompasses all personal property, except for those categories of personal property expressly exempted under Arkansas Procurement Law, Arkansas Code § 19-11-201 et…

19 CAR § 1-105. Definitions of exempt commodities and services used in the Arkansas Procurement Law. (a)(1) Certain types of services that would otherwise fall within the definition of services are expressly exempted from the application of Arkansas Procurement Law, Arkansas Code…

19 CAR § 1-106. Signatures defined. (a) The definition of “signed” for the purposes of submitting a solicitation response can be found in the Uniform Commercial Code, Arkansas Code § 4-1-201(37) (general definitions), which “...includes any symbol executed or adopted by a party w…

19 CAR § 1-107. 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.

19 CAR § 1-108. Hidden damages. (a)(1) Under Arkansas Code § 19-11-203(14)(DD), “hidden or unknown damages” refers to damages to machinery needing repair that were not visible or readily apparent to, or were otherwise not within the knowledge of, agency personnel at the time the …

19 CAR § 1-109. Capital improvements. Under Arkansas Code § 19-11-203(14)(Y), capital improvements valued at less than the amount stated in Arkansas Code § 22-9-203 subject to Department of Shared Administrative Services Building Authority Division minimum standards and criteria …

19 CAR § 1-110. Proprietary software. (a)(1) Software exemption under Arkansas Code § 19-11-203(14)(AA) does not apply to the initial purchase of proprietary software. (2) Nor does the exemption apply to the purchase of software that is part of any mandatory software contract. (b…

19 CAR § 1-1101. Definitions. (a) “Local farm or food products” includes Arkansas agricultural products that have met the requirements of the Arkansas Grown Branding Program administered through the Department of Agriculture. (b)(1) “Packaged and processed” means bottled, canned,…

19 CAR § 1-1102. Procurement goal — Preference — Method of procurement for purchase of food products. (a)(1) An agency should utilize an appropriate method of procurement as prescribed in the Arkansas Procurement Law, Arkansas Code § 19-11-201 et seq., for the purchase of food pr…

19 CAR § 1-111. Life cycle cost. (a) Life cycle cost. Life cycle or total ownership costs may include but are not limited to, costs of operation, maintenance, repair, disposal, and/or acquisition. (b) Application. (1) Life cycle cost formulas may be used for procurements. (2) Cer…

19 CAR § 1-112. Determination. (a) Written procurement determinations. Written determinations and findings shall be signed by the employees making said determinations and findings. (b) Contract files must be retained for five (5) years after all contract renewals, if any, have ex…

19 CAR § 1-113. Submission of contracts for services. (a) Contracts requiring “services”, as defined in the Arkansas Procurement Law, Arkansas Code § 19-11-201 et seq., and this part, are to be presented to the Legislative Council or, if the General Assembly is in session, to the…

19 CAR § 1-114. Material changes to contracts for services. (a)(1) A contract that has previously been presented for review does not need to be presented for legislative review again upon its renewal or extension unless it introduces a material change. (2) There are two (2) class…

19 CAR § 1-115. Technical and general services contracts on file in the Office of State Procurement. All agencies will be required to maintain copies in accordance with current document retention laws, Arkansas Code § 19-11-214, of all purchase orders issued for the procurement o…

19 CAR § 1-116. Reporting of technical and general services contracts. (a)(1) Technical and general services contracts with a total projected contract amount, including any amendments and possible extensions, of twenty-five thousand dollars ($25,000) and less than one hundred tho…

19 CAR § 1-117. Reporting of technical and general services contracts. (a) Technical and general services contracts with a total projected contract amount, including any amendments and possible extensions, of twenty-five thousand dollars ($25,000) and less than one hundred thousa…

19 CAR § 1-118. Technical and general services contracts on file in the Office of State Procurement. All agencies will be required to maintain copies in accordance with current document retention laws, Arkansas Code § 19-11-214, of all purchase orders issued for the procurement o…

19 CAR § 1-119. Request for information — Conditions of use. (a) A request for information (RFI) solicitation may be issued by an agency for the purposes of information gathering and planning while contemplating a possible competitive sealed bid procurement or competitive sealed …

19 CAR § 1-120. Request for information — Pricing information. A request for information (RFI) solicitation may request general pricing models, but specific pricing should be expressly prohibited in the RFI, and if provided unsolicited, should not be considered.

19 CAR § 1-121. Requesting an advisory opinion or waiver. (a)(1) Requests for advisory opinions or requests for waivers must be submitted in writing to the Secretary of the Department of Shared Administrative Services and should clearly and concisely state whether the request is …

19 CAR § 1-122. Authority of director. (a) For the purposes of this section, “the director” shall refer to the State Procurement Director. (b)(1) All state agencies shall submit a written request to the director specifying all needed requirements for a lease of a vehicle. (2) The…

19 CAR § 1-201. Authority of the State Procurement Director — Quality assurance, inspection, and testing. (a)(1) The State Procurement Director shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement offici…

19 CAR § 1-202. Authority of the State Procurement Director— Reporting. The State Procurement Director has the authority to collect information from any designee, department, agency, and procurement official to facilitate the preparation of statistical and financial reports on st…

19 CAR § 1-203. Authority of the State Procurement Director — Vendors. (a)(1) Vendor fee. Vendors shall make application on the Office of State Procurement web site at www.arkansas.gov/dfa/procurement to have their name placed on the State Master Vendor List for the commodities a…

19 CAR § 1-204. Vendors list. (a) Vendors list. The Office of State Procurement and each agency procurement official will maintain a vendors list. (b) Application. (1) A vendor must make application on the office web site at www.arkansas.gov/dfa/procurement to have its name place…

19 CAR § 1-205. State certification. The State Procurement Director may create a statewide procurement training and certification program to advance state agency procurement personnel’s knowledge.

19 CAR § 1-206. Roster of expiring contracts. (a) The roster referenced in Arkansas Code § 19-11-217(c)(9) is a record of active and expiring contracts that may be an electronic record that can be printed or used to populate a list of expiring contracts for which no renewal or ne…

19 CAR § 1-207. Direct negotiation of contracts with retailers. The discretion granted to the State Procurement Director under Arkansas Code § 19-11-217(c)(15) can only be exercised to negotiate nonmandatory contracts with retailers who sell commodities and/or services directly t…

19 CAR § 1-208. Appointment of assistants and other employees — Delegation of authority by the State Procurement Director. (a) Delegation. (1) The delegation to state agencies of the authority for the procurement of commodities and services may be made by the State Procurement Di…

19 CAR § 1-209. Attorney review of designated contracts. (a)(1) A contract for services or commodities that, by its terms, requires or may require a state agency to expend an amount of public funds equal to or greater than seventy five thousand dollars ($75,000) in either a calen…

19 CAR § 1-210. Commodities and services under state contract. (a) Request for exclusion. State agencies having agency procurement officials may request exemption from a proposed state contract by submitting to the State Procurement Director a written justification for such exemp…