Purchase required — Schedule of commodities and services — Failure by work center

Ark. Code Ann. § 19-66-103 — under Purchases of Work Center Products and Services.

Ark. Code Ann. § 19-66-103

(a) All state agencies as defined in § 19-61-103 are required to purchase their requirements of needed available and suitable products and purchase suitable services from nonprofit work centers for individuals with disabilities, unless such products and services are authorized by prior legislation for production in another state agency, department, or institution.

(b) (1) The Office of State Procurement shall issue to all state agency purchasing agents a schedule of commodities and services made by work centers and the conditions under which commodities and services are to be procured from the work centers.(2) The schedule shall include the commodity or service description.

(1) The Office of State Procurement shall issue to all state agency purchasing agents a schedule of commodities and services made by work centers and the conditions under which commodities and services are to be procured from the work centers.

(2) The schedule shall include the commodity or service description.

(c) When a commodity or service is identified in the schedule of work-center-made commodities and services as being available through the Office of State Procurement, the commodity or service shall be obtained in accordance with the requisitioning procedures of the supplying state agency.

(d) (1) An ordering office may purchase from a non-work-center source commodities or services listed in the schedule of commodities and services made by the work center in any of the following circumstances:(A) Necessity requires delivery within the specified period, and the work center cannot give assurance of positive availability; or(B) When commodities listed on the schedule of work-center-made commodities can be purchased from a non-work-center source by the state agency for a price more than ten percent (10%) lower than commodities made by the work center included in the schedule.(2) Services offered by any work center shall be procured by any state agency in accordance with this section at a price not more than ten percent (10%) above the lowest price submitted from a non-work-center source.

(1) An ordering office may purchase from a non-work-center source commodities or services listed in the schedule of commodities and services made by the work center in any of the following circumstances:(A) Necessity requires delivery within the specified period, and the work center cannot give assurance of positive availability; or(B) When commodities listed on the schedule of work-center-made commodities can be purchased from a non-work-center source by the state agency for a price more than ten percent (10%) lower than commodities made by the work center included in the schedule.

(A) Necessity requires delivery within the specified period, and the work center cannot give assurance of positive availability; or

(B) When commodities listed on the schedule of work-center-made commodities can be purchased from a non-work-center source by the state agency for a price more than ten percent (10%) lower than commodities made by the work center included in the schedule.

(2) Services offered by any work center shall be procured by any state agency in accordance with this section at a price not more than ten percent (10%) above the lowest price submitted from a non-work-center source.

(e) Product commodities made by a work center shall be delivered in accordance with the terms of the purchase order.

(f) When a work center fails to comply with the terms of a government order, the ordering office shall make reasonable efforts to negotiate an adjustment before taking action to cancel the government order.