Title 19 — Public Finance

This chapter shall be known and may be referred to as the “Arkansas Procurement Law”.

(1) The underlying purposes and policies of this chapter are to:(1) Simplify, clarify, and modernize the law governing procurement by this state;(2) Permit the continued development of procurement policies and practices;(3) Provide for increased public confidence in the procedure…

(1) As used in this chapter:(1) (A) “Agency procurement official” means a person authorized by a state agency to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this chapter an…

(a) (1) This chapter applies to:(A) Every expenditure of public funds by this state, acting through a state agency, under any contract; and(B) The disposal of state commodities.(2) This chapter does not apply to:(A) Either grants or contracts between the state and its political s…

(a) An out-of-state office of a state agency need not procure commodities and services for the use of the out-of-state office through the Office of State Procurement. (b) Commodities and services procured outside the Office of State Procurement under subsection (a) of this sectio…

(1) This chapter shall:(1) Be construed liberally and applied to promote its underlying purposes and policies; and(2) Preempt any conflicting state statutes and principles of common law or equity. (1) Be construed liberally and applied to promote its underlying purposes and polic…

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code, § 4-1-101 et seq., of this state, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion…

(a) Every contract or duty within this chapter imposes an obligation of good faith in its performance or enforcement. (b) As used in this section, “good faith” means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of f…

The administration of contracts in existence on July 1, 1979, are the responsibility of the appropriate officials described in this chapter.

If federal assistance requirements or federal contract requirements conflict with this chapter or rules promulgated under this chapter, nothing in this chapter or its rules shall prevent a state agency or political subdivision from complying with the terms and conditions of the f…

Written determinations and findings required by this chapter shall be retained in an official contract file by the Office of State Procurement or by the state agency administering the contract for a period of five (5) years.

(a) Each report required under this chapter shall be copied to the Secretary of the Department of Shared Administrative Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsi…

A person who purposely violates state procurement laws, this subtitle, upon conviction is guilty of a Class D felony.

(a) The State Procurement Director, each agency procurement official, and any state agency with procurement authority under a delegation order shall track the following for the procurements they conduct and the contracts they execute:(1) Each protest received and the resolution o…

(a) As used in this section, “request for information” means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under § 19-61-505 or a competitive…

(a) (1) Except for critical emergency procurements and as otherwise provided in this section, a contract requiring the services of one (1) or more persons shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, if th…

(a) (1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this chapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(2) A rule promulgated by the director under this chapter is not effective until the rule is:…

(a) There is created within the Department of Shared Administrative Services the Office of State Procurement to be administered by the State Procurement Director. (b) (1) The Office of State Procurement shall be subject to the supervision and management of the Secretary of the De…

(a) (1) The executive head of the Office of State Procurement is designated as the administrator of the Office of State Procurement, and as such, he or she shall be known and designated as the “State Procurement Director”.(2) The Secretary of the Department of Shared Administrati…

(a) The State Procurement Director shall serve as the principal procurement officer of the state. (b) (1) Except as otherwise provided in this chapter and upon the approval of the Secretary of the Department of Shared Administrative Services, the State Procurement Director shall …

(a) Subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and the approval of the Secretary of the Department of Shared Administrative Services, the State Procurement Director may:(1) Employ and supervise such assistants and other persons as may be neces…

(a) The Attorney General shall act as counsel for the State Procurement Director in preparation of necessary contracts and in all legal matters. (b) (1) A contract that the director has designated as requiring review shall be reviewed by a person employed as an attorney with a st…

(a) The State Procurement Director has exclusive jurisdiction over the procurement of:(1) Items subject to Arkansas Constitution, Amendment 54;(2) Wholesale gasoline, oil, and related products;(3) Tires;(4) (A) Passenger motor vehicles and trucks, except highway construction and …

(a) (1) In addition to establishing a state contract for those commodities, technical and general services, and professional and consultant services within the exclusive jurisdiction of the State Procurement Director under § 19-61-206, the director may award a mandatory state con…

(a) The State Procurement Director shall maintain a close and cooperative relationship with the using agencies. (b) (1) The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency…

The State Procurement Director and the Secretary of the Department of Shared Administrative Services shall cooperate with the Division of Budgets and Accounting in the preparation of statistical data concerning the procurement and disposition of all commodities and services, unle…

(a) The State Procurement Director shall compile a monthly report of all executed contracts for services that have a total initial contract amount or a total projected contract amount, including any amendments or possible extensions, of at least twenty-five thousand dollars ($25,…

(a) In addition to any state agency authorized by rule to have an agency procurement official, each of the following state agencies may elect to have such an official for commodities, technical and general services, and professional and consultant services, that are not within th…

(a) In addition to those agencies, institutions, and departments of state government enumerated in § 19-61-301 that may elect to have agency procurement officials for commodities, technical and general services, and professional and consultant services that are not within the exc…

State agencies, including exempt agencies, may enter into contracts that contemplate the payment of interest and late charges, but only when such late charges are incurred sixty (60) days after payment is due or carrying charges under such rules as may be promulgated by the State…

(a) (1) The State Procurement Director shall establish an in-person training and certification program to facilitate the training, continuing education, and annual certification of state agency procurement personnel.(2) The training and certification program required under subdiv…

(a) (1) A state agency may hold a solicitation conference before or after issuing an invitation for bids, a request for proposals, or a request for qualifications under § 19-65-101 et seq.(2) A solicitation conference may be held:(A) In person; or(B) Online or in another virtual …

A state agency other than an institution of higher education shall notify the Office of State Procurement that the state agency is going to issue an invitation for bids or a request for proposals at least seven (7) calendar days before issuing the solicitation.

(a) (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director.(2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.(3) The unreasonable failure o…

(a) (1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services.(2) Solicitation mailing lists of potential co…

(a) As used in this section, “collusion” means cooperation in the restraint of free and open competition in a public procurement, including without limitation:(1) Price fixing;(2) Bid rigging;(3) Customer or market allocation;(4) Misrepresenting the independence of the relationsh…

(1) The Office of State Procurement shall:(1) (A) Develop and deliver vendor training to inform interested vendors of how to do business with the state.(B) The training required under subdivision (1)(A) of this section shall:(i) Be offered throughout the state; and(ii) Be deliver…

(a) All contracts with a member of the General Assembly, his or her spouse, or with any business in which a member of the General Assembly or his or her spouse is an officer, a director, or a stockholder owning more than ten percent (10%) of the stock in the business shall be pre…

(a) (1) A state agency shall report a vendor's performance under a contract executed under this subtitle if the vendor fails to satisfy the performance-based standards stated in the contract in a manner that represents a material deviation.(2) A state agency shall use a form pres…

(a) (1) The General Assembly finds that:(A) An invitation for bids, a request for proposals, and a request for qualifications often require that bidders and offerors have a certain amount of experience to qualify;(B) These experience requirements often apply to the business of th…

A contract for services with a person employed or entity employing persons in a designated position or designated financial or information technology position as defined in § 21-15-101 shall require compliance with the registry records check and criminal history records check law…

(a) A contractor shall ensure, in cooperation with a state agency, that the contract between the contractor and the state agency adheres to the requirements of this subtitle, including without limitation the inclusion of any mandatory language and the submission of the contract f…

(a) As used in this chapter, “final business closure order” means a business closure order for which a contractor has either:(1) Waived further administrative review under § 26-18-1001 et seq.; or(2) Exhausted all remedies to appeal under § 26-18-1001 et seq. (1) Waived further a…

(a) When a contractor certifies in a contract with a state agency that the contractor shall comply with all Arkansas laws applicable to the contractor's performance under the contract, the certification provided in the contract shall serve as a combined written certification that…

(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 seal…

(1) Unless otherwise authorized by law, all contracts shall be awarded by competitive sealed bidding, pursuant to § 19-61-505, which refers to competitive sealed bidding, except as provided in:(1) Section 19-61-506, which refers to competitive sealed proposals;(2) Section 19-61-5…

(a) Any procurement not exceeding the amount under § 19-61-501(13), which refers to small procurements, may be made in accordance with this section and the small procurement procedures promulgated by the State Procurement Director. (b) (1) However, procurement requirements shall …

(a) A competitive bid form authorized by the State Procurement Director shall be completed for competitive bidding.(2) If three (3) competitive bids are not obtained on purchases when competitive bids are required, the competitive bid form must show the names of at least three (3…

(a) (1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not…

(a) When the use of competitive sealed bidding is not practicable and advantageous, a contract may be awarded by competitive sealed proposals. (b) (1) Except as provided in subdivision (b)(2) of this section, public notice of the request for proposals shall be given in the same m…