Title 19 — Public Finance

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Arkansas Cyber Initiative Fund”. (b) The fund shall consist of:(1) All moneys appropriated to the fund by the Ge…

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Breast Milk Bank Special Fund”. (b) The fund shall consist of:(1) Fees collected under § 20-7-140;(2) Moneys obt…

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Secretary of State Business and Commercial Services Electronic Filing System Fund”. (b) The fund shall consist o…

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Carbon Dioxide Storage Fund”. (b) (1) The fund shall consist of:(A) Fees assessed by the Oil and Gas Commission …

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Department of Agriculture Law Enforcement Fund”. (b) The fund shall consist of:(1) The fines collected under § 1…

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Arkansas Revenue Investment in Vital EMS Systems (ARRIVES) Fund”. (b) The fund shall consist of such revenues as…

Trust fund income consists of any amounts deposited into the State Treasury, with the exception of the proceeds of the sale or redemption of securities. The amounts shall be deposited to the credit of any of the trust funds that are dedicated by law for specific purposes, the sou…

Federal grants, aids, and reimbursements consist of all funds granted to this state or any of its agencies under acts of the United States Congress or by any agency of the United States Government. The funds so received are considered as revenue of the fiscal year in which they a…

(a) Nonrevenue receipts consist of:(1) The repayment of the principal amount of loans;(2) The proceeds of the sale and redemption of securities, including premiums received thereon;(3) The transfer of funds, by warrants, between funds or fund accounts on the books of the Treasure…

(a) The disbursing officer of each agency, board, commission, department, or institution shall be responsible for reviewing all invoices prepared by commercial printers or suppliers holding commercial contracts to make certain that the charges to the agency, board, commission, de…

Notwithstanding any law or rule to the contrary, all printing that is chargeable to or that is paid for with funds appropriated wholly or in part by the state, or any state department, division, bureau, board, commission, or agency, shall be printed in soybean ink; provided, howe…

A person who is found by a court of law to have knowingly violated any state law in conjunction with the performance or acquisition of a contract with the state is ineligible to contract with the state for a period of three (3) years.

(a) The purpose of this section is to require any entity or person bidding on a state contract, responding to a request for proposals regarding a state contract, responding to a request for qualifications regarding a state contract, or negotiating a contract with the state for pr…

(a) As used in this section:(1) “Contractor” means a person having a public contract with a state agency for professional services, technical and general services, or any category of construction in which the total dollar value of the contract is twenty-five thousand dollars ($25…

(a) As used in this section:(1) “Contractor” means a person having a public contract with a public entity for storage services or software services;(2) “Data” means recorded information, regardless of form or characteristic;(3) “Data company” means a contractor that provides soft…

(a) An agency procurement official or procurement agent may enter into contracts to acquire technology systems for performing the revenue-generating functions and duties of the agency, including without limitation registration, processing, and collection functions. (b) Any contra…

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…