Arkansas Administrative Code

22 CAR § 112-328. Announcing low bidder. (a) Until such time as the bids have been reviewed and certified, any announcement or reference to the low bidder will use the phrase "apparent low bidder”. (b) Contract awards should not be made on the day of bid opening except in special…

22 CAR § 112-329. Protests. (a)(1) Any actual or prospective bidder who is aggrieved in connection with the project documents or award of a capital improvement contract has the right to protest to the Construction Section Administrator or the department that opened and read the b…

22 CAR § 112-330. Resolution of protest. The Construction Section Administrator and the department official performing the bid opening or a designee shall have authority to settle or resolve a protest of an aggrieved actual or prospective bidder concerning the project bid documen…

22 CAR § 112-331. Unsuccessful bid. In the event no responsive bids are received or the bidders are deemed not responsible, and it is determined by the Construction Section that further solicitation of bids would be futile, the contract may be awarded to any available qualified c…

22 CAR § 112-401. Contract administration generally. 22 CAR § 112-401 et seq., is applicable to all department capital improvement projects regardless of whether a design professional has contract administration duties or not.

22 CAR § 112-402. Construction observations. (a)(1) The Construction Section has the responsibility of periodic construction observations on all projects unless exempted. (2) If the department has capital improvement project issues which need to be addressed involving the contrac…

22 CAR § 112-403. Invoice/pay request. (a)(1) All invoices and pay requests shall be submitted to the department and processed in accordance with Arkansas Code § 19-4-1401 et seq., and Arkansas Code § 22-9-201 et seq. (2) If the invoice or pay request is for partial pay, then the…

22 CAR § 112-404. Liquidated damages. (a) Any liquidated damages owed by the contractor to the department for delay in project completion will be calculated by multiplying the amount per day of liquidated damages specified in the contract documents by the number of days which occ…

22 CAR § 112-405. Design professional contract administration responsibilities. (a)(1) After the design professional has received written approval from the Building Authority Division that the project has been approved for bid, the Construction Section shall set a bid opening dat…

22 CAR § 112-406. Award of contract. (a)(1) After the lowest responsible bidder has been determined, a letter of intent to award a contract may be issued by the design professional. (2) Once issued, a contract is to be submitted to the Construction Section for approval with one (…

22 CAR § 112-407. Construction contracts. (a)(1) The design professional will prepare the construction contract and, after execution by the contractor and agency, the one (1) original along with the appropriate documents shall be forwarded to the Construction Section for review a…

22 CAR § 112-408. Preconstruction conferences. (a) A member of the Construction Section may be available for preconstruction conferences. (b) All notices of conferences specifying the time, date, and location shall be delivered to the Building Authority Division no later than fiv…

22 CAR § 112-409. Change orders. (a)(1) A change order is an amendment to the original contract that may include, but is not limited to, changes in the dollar value of the contract or the time for completion. (2) Change orders shall be submitted for approval to the Construction S…

22 CAR § 112-501. Project closeout generally. (a) Substantial completion. (1) The contractor shall notify all parties involved of the date upon which he or she will be ready for substantial completion at least five (5) calendar days in advance. (2) The project architect or engine…

22 CAR § 112-502. Record drawings. (a) During the progress of the work, the contractor shall keep an accurate record of all changes and corrections from the layouts shown on the drawings. (b) All changes must be accurately marked on a set of prints during the progress of the job.…

22 CAR § 512-503. Delivery of guarantees, bonds, maintenance manuals. Upon completion of the work and before final payment will be authorized, the contractor shall furnish to the design professional the contractor’s one-year acceptance warranty, bonds, roof warranties, termite in…

22 CAR § 112-504. Completion certificates, affidavits. Before final payment, the contractor shall furnish to the design professional one (1) executed copy of the required documents which shall be attached to the contractor’s request for final payment.

22 CAR § 112-505. Duties of design professionals on state projects. (a)(1) The design professional shall maintain up-to-date files on each project which shall include: (A) Project plans and specifications; (B) Shop drawings; (C) Record drawings; and (D) Observation and inspection…

22 CAR § 112-601. Payment requests generally. (a) Requests for payments from capital improvement funds shall be made using a payment document using the general accounting procedures pursuant to Arkansas Administrative Statewide Information System. (b)(1) Each payment document sha…

22 CAR § 112-602. Payments. (a)(1) For contracts in which a payment and performance bond was issued, a copy of all payment documents including labor and material costs shall be sent to the department for approval prior to any payment being released. (2) Where a payment document i…

22 CAR § 112-603. Final payments. The following shall accompany the final payment document for contracts: (1) Contractor’s invoice; (2) Certificate of final completion; (3) Contractor’s release of claims; (4) Consent of surety; (5) Department request for final payment; and (6) Th…

22 CAR § 112-604. Delay in processing payment documents. Any penalties for the delay in processing of payments may be processed in accordance with Arkansas Code §§ 19-4-1411 and 22-9-205.

22 CAR § 112-701. Capital improvement alternative delivery methods generally. (a) Pursuant to Arkansas Code § 19-4-1415, the Building Authority Division, unless exempted by law, has authority to approve and administer contracts (contractor, construction manager, architect, or eng…

22 CAR § 112-702. Project criteria. (a) Departments may utilize negotiated work for projects when: (1) A project’s programming requires fast tracking; (2) The traditional design-bid-build process is less fiscally advantageous than negotiated work; or (3) Negotiated work is more p…

22 CAR § 112-703. Selections and contract award process. (a)(1) All selection processes involving the design professional, contractor, or contract manager shall be made in accordance with 22 CAR § 112-701 et seq. (2) See also 22 CAR §§ 111-1703 and 111-1704 for the design profess…

22 CAR § 112-704. Contract oversight. (a) The Construction Section has contract oversight and responsibility. (b)(1) The design professional shall provide the Construction Section current approved-for-construction plans and specifications. (2) The plans will be in half size. (3) …

22 CAR § 112-801. Capital improvement historic sites generally. Pursuant to Arkansas Code §§ 22-9-208 – 22-9-211, the Building Authority Division, unless exempted by law, has authority to approve and administer contracts for projects awarded pursuant to the historic site laws.…

22 CAR § 112-802. Project criteria. (a) Departments requesting to utilize the historic site method of contracting shall send written request and justification to the Director of the Building Authority Division for approval. (b) Upon approval, the request may be forwarded for revi…

22 CAR § 113-101. Introduction. (a) The following minimum maintenance standards and criteria are established pursuant to the Building Authority Division Act, Arkansas Code § 22-2-101 et seq. (b) These standards are designed to address the areas of management, maintenance, and ope…

22 CAR § 113-102. Preventive maintenance requirements. In an effort to sustain a safe and comfortable working environment in state-owned buildings, the following requirements shall be performed pursuant to applicable state and federal laws and rules and in a manner deemed appropr…

22 CAR § 113-103. Building cleaning and general building management. The following requirements and schedules shall be performed pursuant to applicable state and federal laws and rules and in a manner deemed appropriate by the department secretary responsible for the maintenance …

22 CAR § 113-104. Building rules and regulations. (a) Each Owner Department Secretary shall be responsible for developing and administering the building rules for their building and property. (b) The rules should be provided to the building tenants in a written and bound form. (c…

22 CAR § 114-101. Purpose. (a) This part has been compiled to provide every state department, agency, board, or commission with written standards for the most economical and efficient utilization of space and with written procedures to be followed in leasing that space. (b) Any r…

22 CAR § 114-102. Real Estate Services responsibility. (a) Pursuant to the Building Authority Division Act, Arkansas Code § 22-2-102 et seq., the Real Estate Services Section of the Building Authority Division is the leasing agency for all state entities (departments, agencies, b…

22 CAR § 114-103. Determination of Building Authority Division of desirability of available space. (a) Square footage. (1) A comparison of the square footage required to satisfy department needs with the square footage available in a given facility. (2) Space leased shall be no m…

22 CAR § 114-104. Building Authority Division policy for leasing. (a)(1) Pursuant to Arkansas Code § 22-2-114(a)(1), the Real Estate Services Section is the responsible leasing agent for all state departments. (2) No department, agency, board, or commission may renew or negotiate…

22 CAR § 114-105. Building Authority Division space allocation standards for lease space. (A) Private OfficesArea (1) Commissioner or Department Director240 (2) Deputy Commissioner or Deputy Director200 (3) Departmental Division Director or Administrator180 (4) Chief Departmental…

22 CAR § 115-101. Real property offer and acceptance (purchase). (a)(1) All department real estate transactions, unless exempted, involving transfers of property ownership are governed by Arkansas Code § 22-6-601. (2) Departments should review this code provision. (3) Departments…

22 CAR § 115-102. Closing of real property (purchase/sale). (a) Purchase. (1) Buyer and seller shall be responsible for their respective closing costs. (2) As soon as practical after closing, the deed shall be filed by the department receiving the real property in the proper coun…

22 CAR § 115-103. Exemption from real property taxes. The department, if purchasing property that has been previously taxed, should request an exemption from the county tax assessor for real property taxes as soon as possible after closing and recording of the deed and abstract i…

22 CAR § 115-104. Sale of real property. (a) All sales of real property owned by agencies shall be made pursuant to Arkansas Code § 22-6-601. (b) This code provision should be reviewed for questions concerning Governor’s approval, appraisals, appraiser’s oaths, advertising, bid b…

22 CAR § 115-105. Protest. (a) Any bidder or prospective bidder who is aggrieved in connection with the specifications or solicitation for or award of a sale of land pursuant to Arkansas Code § 22-6-601 has the right to protest to the Real Estate Services Administrator. (b) The p…

22 CAR § 5-1001. Payroll procedures. (a) Processing statements from local suppliers. Itemized bills or invoices from local suppliers of services are to be provided to the Vending Facility Specialist for the processing of purchase requests and for the specialist's verification and…

22 CAR § 5-1002. Inventory gains or losses. (a)(1) When a vendor leaves a facility, whether by transfer or promotion, an inventory will be taken to determine its value. (2) If the value of the inventory is greater than the value of the inventory when the vendor was assigned to th…

22 CAR § 5-1003. Federal, FICA, and state income tax liability. (a) For income tax purposes, licensed blind vendors are considered self-employed persons under federal and state income tax laws and regulations. (b)(1) Effective January 1, 1988, the Vending Facility Program will no…

22 CAR § 5-1004. Insurance. (a)(1) Beginning November 1, 1989, vendors currently licensed and placed on location will qualify for fringe benefits coverage. (2)(A) A reimbursement of fifty dollars ($50.00) per month will be made for major medical or medical supplement insurance. (…

22 CAR § 5-1005. Retirement contributions. (a)(1) The Vending Facility Program will contribute toward the development of individualized retirement packages for licensed blind vendors in the Arkansas Randolph-Sheppard Program. (2) Funding for contributions will be provided by prof…

22 CAR § 5-101. Purpose of manual. (a) The purpose of this part is to provide guidance to the vendor in order for him or her to carry out the duties and responsibilities of operating a vending facility in accordance with good business practices and rules prescribed by the Divisio…

22 CAR § 5-102. Eligibility. (a) In order to be licensed as a blind vendor, a person must be: (1) Legally blind, not more than 20/200 central vision in the better eye with correcting lenses, or equally disabling loss of visual field as evidenced by a limitation to the field of vi…

22 CAR § 5-103. Criteria for evaluation and training. (a) The following criteria must be met prior to the time that the person is admitted to the Vending Facility Program for evaluation and/or training. (b) These criteria are based on federal regulations of the Randolph-Sheppard …