Arkansas Administrative Code

22 CAR § 111-714. Variance. (a)(1) The issuance of a variance is for floodplain management purposes only. (2) Insurance rates: (A) Are determined by statute according to actuarial risk; and (B) Will not be modified by the granting of a variance. (3) Therefore, while a variance in…

22 CAR § 111-715. Reporting a flood event. (a)(1) To provide for effective management of floodplain development, it is essential that the Building Authority Division be informed about each flood event in sufficient detail to plan future developments and adjust the floodplain mana…

22 CAR § 111-801. Energy conservation generally. (a)(1) The life cycle cost of operating a building, including energy cost and labor cost, can often exceed the cost of the building construction by eight (8) to ten (10) times. (2) Efforts to reduce energy consumption or improve em…

22 CAR § 111-802. Life cycle cost analysis. (a) In accordance with the Arkansas Energy Office of the Division of Environmental Quality rule for Energy Efficiency and Natural Resource Conservation in Public Buildings, 22 CAR pt. 10, departments and the project designer are require…

22 CAR § 111-803. Automated controls. (a) Where possible, use automatic controls for HVACR systems and for lighting applications. (b) Space temperature and humidity should be controlled by automatic controls capable of maintaining the space set-point within a fixed upper limit an…

22 CAR § 111-804. Manual controls. (a) When automatic controls are not part of the building systems, the building manager should develop policies for each building or facility. (b) These policies should be written and distributed to all employees. (c) The policy should encourage …

22 CAR § 111-805. Equipment efficiency. (a)(1) Do not overlook water conservation as an opportunity to reduce or manage the building operating cost. (2) When selecting water-cooled or liquid-ring seal equipment, consider the water usage rates. (3) When designing or operating lawn…

22 CAR § 111-806. Energy Star® Building Program. (a)(1) The Energy Star® Building Program is a voluntary partnership between United States organizations and the United States Environmental Protection Agency to promote energy efficiency in buildings. (2) These organizations repres…

22 CAR § 111-901. Design standards generally. (a) The standards contained herein are considered the minimum acceptable for capital improvement projects submitted to the Design Review Section. (b) Departments and their design professionals are encouraged to exceed these standards …

22 CAR § 111-902. Design philosophy. (a)(1) The goal of the department and its consulting design professionals should be to create a capital investment that meets the user’s functional requirements and program requirements and provides the most economical life cycle cost for the …

22 CAR § 111-903. Design standards and requirements for owners/departments. (a)(1) The department and the design professional should be aware of differences between private work and work performed for the state. (2) Failure to comprehend these basic differences in rules and polic…

22 CAR § 111-904. Specification standards. (a)(1) Specifications shall clearly define the quality, performance, and installation standards for the work and the conditions under which the work is to be executed. (2) They shall be in sufficient detail to describe the materials, equ…

22 CAR § 111-905. Drawing standards. (a)(1) The following represents the minimum requirements, standards, and expectations applicable to all drawings prepared for bidding and construction on state projects. (2) Refer to 22 CAR § 111-1505 for a description of the contents of each …

22 CAR § 111-906. Quality control. (a) The design professional shall be responsible for the professional and technical accuracy and coordination of all designs, drawings, specifications, cost estimates, and other work or materials furnished under the standard professional service…

22 CAR § 112-101. Introduction to construction generally. (a)(1) Arkansas Code § 22-2-101 et seq., provides authority to the Building Authority Division to promulgate reasonable rules and procedures as may be required to carry out its duties consistent with the purposes of the Bu…

22 CAR § 112-102. Capital improvements. (a) Whenever a department intends to construct buildings and facilities or to make repairs or additions and improvements to existing buildings and facilities, the procedures as outlined in this part shall be followed. (b)(1) Capital improve…

22 CAR § 112-103. Department officials. (a) All contracts, unless exempted, shall be processed and approved by the Construction Section. (b) Upon sufficient justification, bid openings may be performed by persons other than the Construction Section. (c) Justification may include …

22 CAR § 112-201. Capital improvement requests generally. (a)(1) Unless specifically exempted from oversight, when a department requests a capital improvement, the department shall submit to the Design Review Section a cover letter identifying the capital improvement (see 22 CAR …

22 CAR § 112-202. Contracts. (a) Contracts for capital improvement, regardless of the source of funds involved, shall be issued in accordance with 22 CAR § 112-401 et seq. (b) Capital improvement contracts for projects exceeding fifty thousand dollars ($50,000) shall be approved …

22 CAR § 112-203. Emergency contracting. (a) Capital improvement contracting may be made pursuant to Arkansas Code § 22-9-201 where unforeseen or unavoidable circumstances occur, such as: (1) When human life, health, safety, or state property is in jeopardy; (2) To reconstruct fa…

22 CAR § 112-204. Sole source contracting. (a)(1) Sole source on capital improvements will be approved only when there is a critical emergency involving imminent threat to health, life, or safety, or there are no other available sources to perform the required work. (2) Sole sour…

22 CAR § 112-205. Split purchases. (a) The Construction Section shall not condone splitting of purchases to avoid these listed bidding procedures. (b) Notification shall be made to the Office of Internal Audit or other appropriate office whenever split purchases are determined to…

22 CAR § 112-206. Capital improvements for leased premises (state and nonstate property). See 22 CAR § 114-104 for department contracting of improvements when the state is not the owner of the leased premises.

22 CAR § 112-301. Bidding rules generally. (a) These bidding rules are applicable to all bids produced by the Building Authority Division, a design professional, or a department for state projects. (b) In those instances where a department has not contracted for the administrativ…

22 CAR § 112-302. Bidding prerequisites. (a)(1) Before a department shall advertise for bids for construction, all requirements shall be met pursuant to the general accounting and budgeting laws and other applicable laws. (2) Department officials (refer to 22 CAR § 112-103) shall…

22 CAR § 112-303. Plans and specifications. (a)(1) Departments, through their design professional, shall ensure an adequate number of plans and specifications are made available to prospective bidders. (2) One (1) set of specifications and half-sized drawings will be provided to …

22 CAR § 112-304. Advertising/prebid conference. (a)(1) Once the plans and specifications have been given final approval by the Design Review Section, the capital improvement project shall be advertised pursuant to Arkansas Code § 22-9-201 et seq., and Arkansas Code § 19-4-1401 e…

22 CAR § 112-305. Bid announcements. (a) Bid announcements and bid results are posted to the Building Authority Division website. (b) Any interested bidder may sign up free-of-charge for email bid announcements by going to the division website.

22 CAR § 112-306. Bid date and location. (a) Bid openings will be approved by the Construction Section only after receipt of the approval to bid letter from the Design Review Section. (b) Bid openings are to be held on the premises of the Building Authority Division unless other …

22 CAR § 112-307. Sealed bids. (a)(1) All bids shall be submitted in a sealed envelope. (2) Bidders shall comply with Arkansas Code § 22-9-204 and the bid documents with respect to the listing of subcontractors. (3) Every envelope should indicate the: (A) Name of the bidder; (B) …

22 CAR § 112-308. Authority for opening bids. (a) The Building Authority Division is responsible for the supervision of opening bids unless the Construction Section has determined special justification exists, such as a critical emergency, allowing a department to open bids under…

22 CAR § 112-309. Bid opening and recording. (a)(1) Bids shall be opened and read by a representative of the Construction Section at the designated time and place. (2) Representatives of the department are recommended to be present at the bid opening. (3) The Construction Section…

22 CAR § 112-310. Bid tabulation. (a) If bids are opened by the department, all tabulations must be sent (faxed, mailed, or electronic mail) to the Construction Section within two (2) working days of the bid opening. (b) Bid tabulations must contain the following information whic…

22 CAR § 112-311. Scrivener errors. (a) Rejection of a bid due to scrivener error may be made pursuant to Arkansas Code § 19-4-1405. (b) The criteria under this law must be met before a bidder may receive relief including, but not limited to, serving written notice to the Directo…

22 CAR § 112-312. Contractor’s license. (a) Pursuant to Arkansas Code § 17-25-101 et seq., for all state capital improvement projects including residential projects, each contractor, including commercial, residential, and residential remodeler, is required to be properly licensed…

22 CAR § 112-313. Bid security. (a)(1) All bids received shall be accompanied by a bid security for all bids exceeding fifty thousand dollars ($50,000). (2) Acknowledgement of the bid security shall be made verbally. (3) The official reading of the bids shall indicate the bid sec…

22 CAR § 112-314. Subcontractors’ bids. (a) The listing of subcontractors on the form of proposal shall be made pursuant to Arkansas Code § 22-9-204 and the bid documents. (b) The designated official as stated in 22 CAR § 112-309 shall verify the licenses of the applicable subcon…

22 CAR § 112-315. Alternates. State projects under Building Authority Division jurisdiction shall not include the use of deductive or additive alternates.

22 CAR § 112-316. Contract award. (a)(1) Once the bid results are determined and the department has requested to enter into a contract, an intent to award a contract shall be prepared by the entity who has contract administration duties. (2) A contract will not be issued until a …

22 CAR § 112-317. Davis-Bacon Act of 1931 (federal funds). (a)(1) The Davis-Bacon Act of 1931, pursuant to 40 U.S.C. 276(a) et seq., grants to the United States Secretary of Labor the power to determine wage rates paid to laborers and mechanics of contractors and subcontractors e…

22 CAR § 112-318. [Reserved.]

22 CAR § 112-319. Contractor’s insurance requirements. (a)(1) Dollar amounts and types of coverage limits for all insurance policies shall be set by the department. (2) Deviations from the types of insurance and amounts set less than what is stated below shall be documented by th…

22 CAR § 112-320. Acknowledgement of addenda. (a)(1) Every effort should be exerted to eliminate bid addenda. (2) If addenda are necessary, they should be issued as soon as possible but no later than twenty-four (24) hours before receiving bids. (b) Upon approval by the Construct…

22 CAR § 112-321. Contract time. (a) The period of time allocated for the substantial completion of the work shall be stated as a calendar date or as a specific number of calendar days. (b) The department, with input from the design professional, shall decide on the liquidated da…

22 CAR § 112-322. Late bids. (a) All bids received shall be recorded by date and time on the sealed bid envelope. (b) The recorded date and time shall be determinative regarding issues of lateness. (c) Bids received at the office designated in the invitation to bid, but after the…

22 CAR § 112-323. Modification of bids. (a) Bidders may submit written modifications to their bid at any time prior to the exact time set for receipt of bids. (b) Modifications may be made on the bidder’s envelope. (c) No modifications made shall show the base bid amount. (d) The…

22 CAR § 112-324. Withdrawal of bids. (a) Withdrawal of bids is authorized by fax to the Construction Section, but only if the withdrawal is made prior to the exact time set for receipt of bids. (b) A bid may also be withdrawn in person by a bidder, or bidder representative, prov…

22 CAR § 112-325. Qualifications of contractors. (a) Prebid. (1) Pursuant to Arkansas Code § 22-9-105, contractors who have an existing contract shall not bid on additional state capital improvement contracts with state departments if the state department determines that the cont…

22 CAR § 112-326. Obligations of bidders. (a) Each bidder will be presumed to have read and be thoroughly familiar with the plans and contract documents, including all addenda. (b) Failure to do so is solely at the bidder’s risk. (c) The failure or omission of any bidder to exami…

22 CAR § 112-327. Additions to or deletion from the documents. (a) All deletions, changes, additions, or alterations of the bid documents will be acknowledged and read aloud. (b) If such modifications are not waived, the bid shall be declared nonresponsive and rejected. (c) Corre…