Title 22 — Public Property

(a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and t…

A.C.A. § 22-9-102Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for…

(a) Prior to the convening of regular sessions of the General Assembly, each state agency, department, or institution shall submit a proposed capital expenditures request which shall:(1) Identify each public works construction project proposed to be constructed or obligated by co…

(a) (1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay …

(a) The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207. (b) The provisions of § 22-9-204 shall not a…

(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract. (b) (1) This section and §§ 22-9-203 and 22-9-204 do not:(A) Prevent a taxing unit from performing any of the …

(a) Except as provided under § 14-58-105, a contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall not be entered into by the state or an agency of the state or by a co…

(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licen…

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of building…

A.C.A. § 22-9-206Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish…

(a) The General Assembly finds and determines that:(1) The mandatory adherence to competitive bidding of all costs in altering, repairing, or renovating historic sites and structures has resulted in increased costs due to the inability of bidders to accurately determine on the ba…

(a) (1) A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of fifty…

(a) The highest quality of restoration commensurate with reasonable costs and obtainable within available funds is considered to serve the best interests of the state. Cost, proposed method, and experience in similar work shall be considered by the agency as interrelated and inse…

(a) The contracting agency shall establish, as part of the contract, a maximum compensation for the project. (b) Payment shall be based on the work actually done and the materials actually used. (c) The contractor shall submit periodic invoices for labor, materials, and overhead …

(a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of bui…

Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances.

(a) As used in this section:(1) “Construction” means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or stru…

(a) All surety bonds required by the State of Arkansas or any subdivisions thereof by any county, municipality, school district, or other local taxing unit, or by any agency of any of the foregoing for the repair, alteration, construction, or improvement of any public works, incl…

(a) All bonds enumerated in § 22-9-401 and bid bonds enumerated in § 19-4-1405 shall be made by surety companies that have qualified and are authorized to do business in the State of Arkansas and are listed on the current United States Department of the Treasury's Listing of Appr…

The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.

(a) (1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a …

(a) It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to incl…

(a) Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or a…

(a) With respect to all contracts made or awarded by the State Highway Commission, including the construction, improvement, or repair of any and all roads and bridges with appurtenances which are, by law, under the supervision of the commission, a contractor may withdraw the whol…

(a) Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this subchapter, except that the assignment shall not be made without prior notification to the co…

Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted first from that portion of the retained payments for which no security has been substituted and…

(a) The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter. (b) Th…

(1) As used in this subchapter:(1) “Construction contract” means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency;(2) “Cost of the project” means the sum th…

The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets.

The parties to a construction contract to which this subchapter is applicable shall have no authority to vary or waive the provisions of this subchapter by agreement of the parties.

(a) (1) (A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, w…

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Pro…

Any payment made under the authority granted in § 22-9-701 shall be for compensating or reimbursing the displaced person in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the payments shall not, for an…

This subchapter shall be known and may be cited as the “Fair and Open Competition in Governmental Construction Act”.

(1) The General Assembly intends that this subchapter:(1) Provide for the efficient procurement of goods and services by governmental units;(2) Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted const…

(1) As used in this subchapter:(1) “Public agency” means:(A) An agency of the State of Arkansas;(B) An agency of a county, city, town, school district, or other political subdivision of the state;(C) A public trust;(D) A public entity specifically created by a statute of this sta…

(1) A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the pub…

A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in § 22-9-804 in a contract document for construction, improvement, maintenance, or renovation of real property or fixtures that …

(a) A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place a term described in § 22-9-804 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling,…

(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an…

(a) This subchapter does not apply to public construction contracts executed before July 22, 2015. (b) This subchapter does not:(1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 2…

This subchapter shall be known and may be cited as the “Fair Notice and Efficiency in Public Works Act”.

(1) The General Assembly intends for this subchapter to:(1) Provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units;(2) Promote the economical and efficient administration and…

(1) As used in this subchapter:(1) “Public agency” means:(A) A county, city, town, and school district in this state; and(B) A department, agency, board, bureau, commission, committee, or authority of a county, city, town, or school district; and(2) “Vendor” means an individual, …

(a) (1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members:(A) The State Procurement Director or his or her designee;(B) The Executive Director of the Arkansas Press Association, Inc. or his or her…

A public agency may contract with a vendor selected under this subchapter to provide online advertisements of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209.

(a) (1) The Office of State Procurement shall select three (3) vendors using the procedures for the procurement of professional services under § 19-65-101 et seq.(2) The office may use the responses from a previous request for qualifications under this subchapter for up to five (…

(a) The Public Works Committee shall review the performance and compliance of vendors selected under this subchapter. (b) After reasonable notice to the vendor and a reasonable opportunity for the vendor to have a hearing, the committee may remove a vendor's authority to perform …