Title 19, Public Finance

(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) (1) 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 thre…

(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…

(a) Under rules promulgated under this chapter, a contract may be awarded for a required or designated commodity or service to a sole or mandatory supplier when the State Procurement Director, the head of a procurement agency, or a designee of either officer above the level of ag…

(a) The State Procurement Director, the head of a procurement agency, or a designee of either officer may make or authorize others to make emergency procurements as defined in § 19-61-501(4) and in accordance with rules promulgated by the director. (b) (1) A person or a state age…

(a) (1) Multiple award contracts may be made only if the State Procurement Director or an agency procurement official determines in writing that a single award is not advantageous to the State of Arkansas.(2) The determination under subdivision (a)(1) of this section shall state …

(a) Notwithstanding any other provision of this chapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above the competitive bid amount specified in § 19-61-504, when the director or the head of a procurement agency determines that …

(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…

The purpose of this chapter is to protect Arkansas private industries which employ Arkansas taxpayers and citizens from the unfair advantage held by certain out-of-state correctional institutions that utilize convict labor and are exempt from minimum wage requirements, Occupation…

(1) As used in this chapter, unless the context otherwise requires:(1) “Bid” means a proposal submitted to the state for the sale of products to the state;(2) “Correctional institution” means a penitentiary, jail, prison, reformatory, or other such establishment owned, operated, …

Where provisions of this chapter are inconsistent with provisions of the current Arkansas Procurement Law, § 19-61-101 et seq., the provisions in this chapter shall control.

In the bidding process for the sale of products for use by the state, a bid submitted by a private industry located within the State of Arkansas and employing Arkansas taxpayers shall be given priority over a bid submitted by an out-of-state correctional institution employing con…

Subject to any applicable bonding requirements, in all bidding procedures involving a bid by one (1) or more out-of-state correctional institutions and a bid by one (1) or more private industries located within the State of Arkansas, the contract shall be awarded to the sole Arka…

Subject to any applicable bonding requirements, if a private Arkansas bidder is underbid by more than five percent (5%), as provided in § 19-61-515, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15…

(a) The Division of Emergency Management may cooperate with the United States Government in the transfer of government surplus property to all departments and agencies of state and local government and to all other agencies eligible to receive surplus property under Pub. L. No. 8…

(a) The Division of Emergency Management may purchase surplus commodities, materials, supplies, equipment, and other property from the United States Government through any of its agencies for tax-supported schools and for school districts in Arkansas. The division may cooperate w…

(a) The Division of Emergency Management may add to the cost of surplus properties secured by the State Agency for Surplus Property an amount necessary to defray the expense of this service and to repay into the Revolving Loan Fund loans made to the agency as provided in this sec…

Rural water associations are eligible to participate in the federal Surplus Property Program operated under Pub. L. No. 81-152 and Pub. L. No. 81-754 as now administered by the Division of Emergency Management.

(1) The Law Enforcement Support Office may:(1) Cooperate with the United States Government under 10 U.S.C. § 2576a in the transfer of excess military property to state and local law enforcement agencies:(A) Whose primary function is the enforcement of applicable federal, state, a…