Definitions concerning source selection and contract formation

Ark. Code Ann. § 19-61-501 — under Arkansas Procurement Law.

Ark. Code Ann. § 19-61-501

(1) As used in this chapter:(1) “Competitive bidding” means a method of procurement that requires obtaining bids by:(A) Direct mail request to prospective bidders and obtaining written bids;(B) Telephone;(C) Telegraph;(D) Written form; or(E) Electronic media;(2) “Competitive sealed bidding” means a method of procurement that requires:(A) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;(B) Public, contemporaneous opening of bids at a predesignated time and place;(C) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-61-401 — 19-61-403, 19-61-502 — 19-61-508, and 19-61-511 — 19-61-513;(D) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and(E) Public notice;(3) “Competitive sealed proposals” means a method of procurement that involves without limitation:(A) Solicitation of proposals through a request for proposals;(B) Submission of cost or pricing data from the offeror where required;(C) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and(D) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals;(4) “Emergency procurement” means the acquisition of commodities or services, that if not immediately initiated, will endanger human life or health, state property, or the functional capability of a state agency;(5) “Established catalogue price” means the price included in a catalogue, price list, schedule, or other form that:(A) Is regularly maintained by a manufacturer or contractor;(B) Is either published or otherwise available for inspection by customers; and(C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the commodities or services involved;(6) “Invitation for bids” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 19-61-505, which refers to competitive sealed bidding;(7) “Multiple award contracts” means a method of procurement whereby an indefinite quantity contract is awarded to more than one (1) supplier for furnishing a like item or category of items;(8) “Purchase description” means specifications or any other document or electronic media describing the commodities or services to be procured;(9) “Request for proposals” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in § 19-61-506, which refers to competitive sealed proposals, § 19-61-503, which refers to small procurements, § 19-61-507, which refers to proprietary or sole source procurements, § 19-61-508, which refers to emergency procurements, or § 19-61-504, which refers to competitive bidding;(10) (A) “Request for qualifications” means a solicitation document requiring submittal of qualifications or specialized expertise in response to the scope of work or services required and does not require pricing.(B) Other than as provided in § 19-65-101 et seq., the request for qualifications process may only be used when, under rules promulgated by the State Procurement Director, the director determines in writing that the request for qualifications process is warranted;(11) “Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance;(12) “Responsive bidder” means a person who has submitted a bid under § 19-61-505, which refers to competitive sealed bidding, that conforms in all material respects to the invitation for bids, including the specifications set forth in the invitation; and(13) (A) (i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000).(ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids.(iii) However, competition should be used to the maximum extent practicable.(B) Items under state contract are excluded.

(1) “Competitive bidding” means a method of procurement that requires obtaining bids by:(A) Direct mail request to prospective bidders and obtaining written bids;(B) Telephone;(C) Telegraph;(D) Written form; or(E) Electronic media;

(A) Direct mail request to prospective bidders and obtaining written bids;

(B) Telephone;

(C) Telegraph;

(D) Written form; or

(E) Electronic media;

(2) “Competitive sealed bidding” means a method of procurement that requires:(A) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;(B) Public, contemporaneous opening of bids at a predesignated time and place;(C) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-61-401 — 19-61-403, 19-61-502 — 19-61-508, and 19-61-511 — 19-61-513;(D) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and(E) Public notice;

(A) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;

(B) Public, contemporaneous opening of bids at a predesignated time and place;

(C) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-61-401 — 19-61-403, 19-61-502 — 19-61-508, and 19-61-511 — 19-61-513;

(D) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and

(E) Public notice;

(3) “Competitive sealed proposals” means a method of procurement that involves without limitation:(A) Solicitation of proposals through a request for proposals;(B) Submission of cost or pricing data from the offeror where required;(C) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and(D) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals;

(A) Solicitation of proposals through a request for proposals;

(B) Submission of cost or pricing data from the offeror where required;

(C) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and

(D) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals;

(4) “Emergency procurement” means the acquisition of commodities or services, that if not immediately initiated, will endanger human life or health, state property, or the functional capability of a state agency;

(5) “Established catalogue price” means the price included in a catalogue, price list, schedule, or other form that:(A) Is regularly maintained by a manufacturer or contractor;(B) Is either published or otherwise available for inspection by customers; and(C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the commodities or services involved;

(A) Is regularly maintained by a manufacturer or contractor;

(B) Is either published or otherwise available for inspection by customers; and

(C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the commodities or services involved;

(6) “Invitation for bids” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 19-61-505, which refers to competitive sealed bidding;

(7) “Multiple award contracts” means a method of procurement whereby an indefinite quantity contract is awarded to more than one (1) supplier for furnishing a like item or category of items;

(8) “Purchase description” means specifications or any other document or electronic media describing the commodities or services to be procured;

(9) “Request for proposals” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in § 19-61-506, which refers to competitive sealed proposals, § 19-61-503, which refers to small procurements, § 19-61-507, which refers to proprietary or sole source procurements, § 19-61-508, which refers to emergency procurements, or § 19-61-504, which refers to competitive bidding;

(10) (A) “Request for qualifications” means a solicitation document requiring submittal of qualifications or specialized expertise in response to the scope of work or services required and does not require pricing.(B) Other than as provided in § 19-65-101 et seq., the request for qualifications process may only be used when, under rules promulgated by the State Procurement Director, the director determines in writing that the request for qualifications process is warranted;

(A) “Request for qualifications” means a solicitation document requiring submittal of qualifications or specialized expertise in response to the scope of work or services required and does not require pricing.

(B) Other than as provided in § 19-65-101 et seq., the request for qualifications process may only be used when, under rules promulgated by the State Procurement Director, the director determines in writing that the request for qualifications process is warranted;

(11) “Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance;

(12) “Responsive bidder” means a person who has submitted a bid under § 19-61-505, which refers to competitive sealed bidding, that conforms in all material respects to the invitation for bids, including the specifications set forth in the invitation; and

(13) (A) (i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000).(ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids.(iii) However, competition should be used to the maximum extent practicable.(B) Items under state contract are excluded.

(A) (i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000).(ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids.(iii) However, competition should be used to the maximum extent practicable.

(i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000).

(ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids.

(iii) However, competition should be used to the maximum extent practicable.

(B) Items under state contract are excluded.