Title 19 — Public Finance

(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…

(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 public school construction services, commodities, or other services in accordance with an agreement entered into between the participant…

(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…

A.C.A. § 19-61-813Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

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, …