Arkansas Administrative Code

19 CAR § 1-602. Definitions of terms used in Arkansas Code § 19-11-242. (a) “Not-for-profit organization” means a private corporation under the Arkansas Nonprofit Corporation Act, Arkansas Code § 4-28-201 et seq., that is an exempt organization as described in section 501(c)(3) o…

19 CAR § 1-603. Marketing and redistribution surplus computer sales procedures. (a) Sales made within the agency. The agency will: (1)(A) Create a customer receipt for the sales price and calculate sales tax. (B) Included on the receipt will be: (i) The type of equipment, model n…

19 CAR § 1-604. Surplus computer sale reporting. (a)(1) Each agency shall be responsible for providing to the Marketing and Redistribution Section, by the tenth of the month following the sale, a list of all items sold. (2) Include the type of equipment, model number, serial numb…

19 CAR § 1-605. Agency commodity management procedures – Disposition of commodities other than computers and electronic equipment. (a) Resale. (1) The Marketing and Redistribution Section will make available to agencies, tax- supported entities, or not-for-profit organizations as…

19 CAR § 1-606. Auction and onsite sales — Disposition of commodities. (a) General requirements. (1) Commodities that are not subject to or have completed the twenty-day hold period, pursuant to 19 CAR § 1-605(a), may be offered for sale. (2)(A) Furniture or equipment may be loan…

19 CAR § 1-607. Allocation of proceeds from sale or disposal of surplus commodities. (a) Using agency. (1) The allocation of proceeds from the sale, lease, or disposal of surplus commodities, and proceeds from an insurance policy for loss of property because of fire, storm, or ot…

19 CAR § 1-701. Definitions. (a) “Aggrieved in connection with the award of a contract” means the condition of being an actual bidder, offeror, or contractor who has been denied the award of a contract as the result of the improper or unlawful award of the contract. (b) “Aggrieve…

19 CAR § 1-702. Protest requirements. (a) Substantive requirements. A protest must set forth facts showing that the protestor: (1) Is an interested party; (2) Has been aggrieved: (A) In connection with a solicitation; or (B) In connection with the award of a contract; and (3) Has…

19 CAR § 1-703. Burden of supporting a protest and supplying requested information. (a) A party submitting a protest has the burden of stating facts showing that the protestor has grounds in connection with a solicitation or in connection with the award of a contract. (b) The Sta…

19 CAR § 1-704. Stay of procurements during protest. When a protest has been timely submitted, no execution of the contract shall be made until the protest has been settled or determined by the State Procurement Director or relevant procurement agency head, unless the director or…

19 CAR § 1-705. Making information on protests available. In the interest of transparency, a person who is an interested party in a solicitation should be given the same access to solicitation documents that are public records, as defined in Arkansas Code § 25-19-103(7), as a cit…

19 CAR § 1-706. Decision by the State Procurement Director or the head of a procurement agency. (a) Time for decisions. (1) A decision on a protest shall be made by the State Procurement Director or the head of a procurement agency with reasonable promptness after receiving all r…

19 CAR § 1-707. Suspension. (a) Prior to any suspension, the contractor will be afforded an opportunity to discuss with the State Procurement Director or head of a procurement agency the circumstances which led to the possible suspension and to potentially reach a settlement. (b)…

19 CAR § 1-708. Debarment. Prior to any debarment hearing, the suspended contractor will be afforded an opportunity to discuss with the State Procurement Director or head of a procurement agency the circumstances which led to the suspension and to potentially reach a settlement.…

19 CAR § 1-709. Authority to debar or suspend. (a) General. Any bidder or contractor to the State of Arkansas who, except for good cause shown, has engaged in any of the conduct listed in subsection (b) of this section may be suspended or debarred from consideration for award of …

19 CAR § 1-710. Authority to resolve contract and breach of contract controversies. (a)(1) General. Any contract which is determined in writing by the State Procurement Director, or the procurement official, or a designee of either officer, to be terminable due to a breach of any…

19 CAR § 1-801. Cooperative purchasing. (a) When an agency that is subject to the Arkansas Procurement Law, Arkansas Code § 19-11-201 et seq., seeks to participate in a cooperative purchasing agreement that is administered by a public procurement unit or external procurement acti…

19 CAR § 1-802. Reporting of cooperative contract purchases. (a) Cooperative contract purchases of state agencies without an agency procurement official must be presented to the Legislative Council or Joint Budget Committee by the Office of State Procurement annually. (b) Agencie…

19 CAR § 1-803. Sale, acquisition, or use of commodities by a public procurement unit —Department of Corrections Industry Program. (a)(1) The Department of Corrections is authorized to enter into contracts, purchase orders, compacts, or agreements with the appropriate officials o…

19 CAR § 1-804. Intergovernmental agreements. Intergovernmental agreements should include at a minimum: (1) Scope of work to be accomplished; (2) Amount of compensation, if any; (3) Delineation of responsibilities and duties of each entity; (4) Term of agreement; and (5) Authoriz…

19 CAR § 1-805. Procedures for approval of information technology products or services. (a)(1) Agencies must submit to the Department of Finance and Administration Office of Intergovernmental Services State Technology Planning (STP) any bid solicitation, sole source, exempt by la…

19 CAR § 1-901. Building Authority Division criteria. (a) The guidelines and procedures established by the Building Authority Division shall be used by all agencies, except those exempt from division review, in selecting architects, land surveyors, and engineers for state constru…

19 CAR § 1-902. Procedures for approval of architects, interior designers, and engineers and land surveyor contracts. (a)(1) With the exception of those agencies exempt from Building Authority Division review, all contracts for architectural, interior design, and engineering and …

19 CAR § 1-903. Request for qualifications (RFQ) procurement method used in the establishment of professional and consultant service contracts. (a) Request for qualifications (RFQ). (1) The request for qualifications is, in the absence of sole-source justification, the procuremen…

19 CAR § 1-904. Procedures for approval of architects, interior designers, engineers, and land surveyor contracts. (a)(1) With the exception of those agencies exempt from Building Authority Division review, all contracts for architectural, interior design, and engineering and lan…

19 CAR § 1-905. Procedures for approval of information technology products or services. (a)(1) Agencies must submit to the Department of Finance and Administration Office of Intergovernmental Services State Technology Planning (STP) any invitation for bid (IFB), request for propo…

19 CAR § 1-906. Professional and consultant service contracts on file at a state agency. Professional and consultant service contracts on file with a state agency shall be available for public inspection to the extent permitted by Arkansas state freedom of information laws.…

19 CAR § 1-907. Professional and consultant service 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 procurem…

19 CAR § 1-908. Compensation. (a) Each professional and consultant service contract shall clearly state the compensation and indicate if various levels of expertise are to be supplied by the contractor. (b) A rate for each level and the number of personnel within each level shoul…

19 CAR § 1-909. Contract dates. (a) For each professional and consultant service contract form submitted, the agency is required to enter the beginning and ending date of the contract. (b) The beginning date of all contracts shall be defined as the date upon which performance of …

19 CAR § 1-910. Required information. (a) Information should be provided on each professional and consultant service contract form listing the name and relationship of those persons who will be supplying services to the state agency insofar as they are known at the time the contr…

19 CAR § 1-911. Professional and consultant service contract form. Each contract should be completed and include the following information: (1)(A) Agency assigned contract number or outline agreement and amendment number. (B) For those contracts for which payment will be made who…

19 CAR § 10-101. General overview. (a)(1) The goal of cash management is to protect the principal while maximizing investment income and minimizing non-interest-earning balances. (2) Cash management considerations begin with the collection of funds and extend to the actual expend…

19 CAR § 10-102. Management and investment of cash funds. (a) A depository collateral agreement must be executed before any deposits can be made. (b) Prior to depositing any funds with a bank or financial institution operating within the borders of the State of Arkansas, the agen…

19 CAR § 10-103. Authorized accounts. (a) Cash funds may be deposited only in the transactional and nontransactional accounts defined in the State of Arkansas Financial Management Guide. (b) The account must qualify for Federal Deposit Insurance Corporation deposit insurance cove…

19 CAR § 10-104. Authorized investments. (a) Cash funds may be invested only in the accounts and investment instruments authorized under Arkansas Code §§ 19-3-510 and 19-3-518. (b) All noncash investment instruments must be held in safekeeping by a bank or financial institution. …

19 CAR § 10-105. Collateralization of cash funds. (a)(1) Collateralization is necessary when an agency deposits cash funds with a bank or financial institution in excess of current Federal Deposit Insurance Corporation insurance coverage. (2) Securing deposits with assets pledged…

19 CAR § 10-106. Security interest. (a)(1) The bank or financial institution with which cash funds have been deposited is responsible for providing the agency with a security interest in the collateral pledged by the bank or financial institution and compliance with all federal a…

19 CAR § 10-107. Conflict of laws. Arkansas law shall prevail over any other state or local laws relating to security for a deposit of cash funds to the extent of any conflict.

19 CAR § 10-108. Cash fund agency reporting requirements. Agencies shall follow the reporting requirements set forth in the State of Arkansas Financial Management Guide (R1-19-4-805).

19 CAR § 11-101. Mission. (a) The mission of the Office of the Treasurer of State is guided by the words of Henry Clay who stated: “Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the peopl…

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19 CAR § 11-103. Objectives. (a) The objectives of the Treasurer of State’s investment practices, in priority order, are: (1) Safety; (2) Liquidity; and (3) Return on investments. (b) To meet these objectives, the Treasurer of State and designated investment officers shall: (1) S…

19 CAR § 11-104. Definitions. This part uses the following terms in the manner described in this section: (1) “Ark. Code Ann.” or “Arkansas Code” means Arkansas Code Annotated of 1987, replacements thereof, and supplements thereto; (2) “Ark. Const. of 1874” means the Arkansas Con…

19 CAR § 11-105. Standards of care. (a) Prudence. (1) The Treasurer of State and designated investment officers shall perform their duties in a manner consistent with the standard of a prudent investor, as set forth by the Arkansas Code: “The Treasurer of State shall apply the pr…

19 CAR § 11-106. Professional services. The Treasurer of State may contract for professional services as necessary for the efficient management of investments.

19 CAR § 11-107. Internal controls. (a) The Treasurer of State will maintain internal controls to protect against the loss of public funds arising from: (1) Negligence; (2) Theft; or (3) Misuse. (b) These controls will include, but not be limited to: (1) The use of third-party cu…

19 CAR § 11-108. Reporting. (a) The Treasurer of State will prepare quarterly reports summarizing investment activity and performance. (b) Reports and records shall be adequate to ensure that transactions are authorized and executed in accordance with this policy. (c) Reports wil…

19 CAR § 11-201. Authority. The Treasurer of State, pursuant to Arkansas Code § 19-3-518, is authorized to invest State Treasury funds in the manner prescribed by the investment policy approved by the State Board of Finance.

19 CAR § 11-202. Scope. This subpart applies to the investment of all State Treasury funds managed by the Treasurer of State, with the following exceptions: (1) The State Treasury Certificate of Deposit Investment Program, which is governed by Arkansas Code § 19-3-519 and 19 CAR …