Title 19, Public Finance

(1) As used in this chapter, the cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee system may be used under the authority of the State Procurement Director when:(1) There exists no other economically practicable price arrangement to secure the commodity;(2) A cost saving m…

(a) Specified Period. Unless otherwise provided by law, a contract for commodities or services may be entered into for periods of not more than seven (7) years if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and pe…

(1) The following determinations are final and conclusive, unless they are clearly erroneous, arbitrary, capricious, or contrary to law:(1) The determinations required by § 19-61-505(g), which refers to competitive sealed bidding, award;(2) The determinations required by § 19-61-…

(a) Definition. (1) “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service.(2) “Specification” may include a description of any requirement for inspecting, testing…

(a) Definitions. (1) The definitions in this subsection do not apply to other sections of this chapter.(2) As used in this section:(A) “Commodities” means materials and equipment used in the construction of public works projects;(B) “Firm resident in Arkansas” means any individua…

(a) (1) The General Assembly finds:(A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities;(B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usag…

(a) The General Assembly finds that:(1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and(2) The practice of including benchmark objectives that the provider must attain at specific int…

(1) As used in this chapter:(1) “Commodities” means commodities owned by the state and includes commodities as defined in § 19-61-103;(2) “Excess commodities” means any commodity, other than expendable commodities, having a remaining useful life but which the using agency in poss…

(1) The State Procurement Director shall promulgate rules governing:(1) (A) The sale, lease, or disposal of surplus commodities by public auction, competitive sealed bidding, or other appropriate method designated by rule.(B) An employee of the Department of Shared Administrative…

The State Procurement Director shall promulgate rules for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent practicable, to the using agency that had possession of the surplus commodities.

(a) (1) An actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Proc…

(a) This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment. (b) (1) (A) (i) After reasonable notice to the person involved and reason…

(a) Applicability. This section applies to controversies between the state and a contractor that arise under or by virtue of a contract between the state and a contractor, including without limitation controversies based upon breach of contract, mistake, misrepresentation, or oth…

(a) This section applies when it is determined upon any review provided by law that the creation, solicitation, award, management, or modification of a contract is in violation of law. (b) If it is determined that a solicitation, proposed award, or modification of a contract is i…

(1) In a judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state have no finality and are not conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the ex…

(1) As used in this subchapter:(1) “Consumer Price Index” means the most recent Consumer Price Index for All Urban Consumers published by the United States Department of Labor, or its successor;(2) “Cooperative purchasing agreement” means an agreement entered into as the result o…

(a) (1) A public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of local government construction services, commodities, or other services in accordance with an agreement entered into between the particip…

(1) A public procurement unit by agreement with another public procurement unit may sell to, acquire from, or use any commodities belonging to or produced by another public procurement unit or external procurement activity independent of the requirements of:(1) Sections 19-61-401…

(1) A public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon betw…

The State Procurement Director may promulgate reasonable rules pertaining to the sale or acquisition of any commodities, technical and general services, or professional and consultant services belonging to or produced by another public procurement unit or external procurement act…

A public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.

(a) Upon request, the State Procurement Director may make available to public procurement units the following services, among others:(1) Standard forms;(2) Printed manuals;(3) Product specifications and standards;(4) Quality assurance testing services and methods;(5) Qualified pr…

All payments from a public procurement unit or external procurement activity received by a public procurement unit supplying services shall be available to the supplying public procurement unit.

(a) Procurement in Accordance with Requirements. When the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of this chapter, a public procurement unit participating in the cooperative purchase shall be dee…

(a) (1) To the extent possible and consistent with efficiency, the State Procurement Director shall collect information concerning the type, cost, quality, and quantity of commonly used commodities or services being procured or used by state public procurement units.(2) The direc…

Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-61-701 — 19-61-705, which refer to legal and contractual remedies, when the admini…

(a) (1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products.(2) The program shall be administered by the State Procurement Director. (1) All cities, counties, and school districts shall participate in…