Title 19 — Public Finance

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…

(1) As used in this chapter:(1) “Blind trust” means an independently managed trust in which the employee-beneficiary does not have management rights and in which the employee-beneficiary is not given notice of alterations in or other dispositions of the property subject to the tr…

An employee or nonemployee who knowingly violates this chapter is guilty of an unclassified felony and upon conviction shall be fined in any sum not to exceed ten thousand dollars ($10,000) or shall be imprisoned not less than one (1) nor more than five (5) years, or shall be pun…

(a) Public employment is a public trust. It is the policy of the state to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by the state. The policy is implemented by prescribin…

(a) General Ethical Standards for Employees. (1) Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee's duties is a breach of a public trust.(2) In order to fulfill this general prescribed standard, an em…

(a) Conflict of Interest. (1) It is a breach of ethical standards for an employee to participate directly or indirectly in a proceeding or application, in a request for ruling or other determination, in a claim or controversy, or in any other particular matter pertaining to a con…

(a) Disclosure of Benefit Received from Contract. An employee who has or obtains a benefit from a state contract with a business in which the employee has a financial interest shall report the benefit to the Secretary of the Department of Shared Administrative Services. However, …

(a) Gratuities. It is a breach of ethical standards for a person to offer, give, or agree to give an employee or former employee, or for an employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in conn…

(a) Contingent Fees. It is a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide empl…

(a) Contemporaneous Employment Prohibited. It is a breach of ethical standards for an employee who is involved in procurement to become or be, while such an employee, the employee of a party contracting with the state agency by which the employee is employed. (b) Restrictions on …

It is a breach of ethical standards for an employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person.

Procurement information is a public record to the extent provided in the Freedom of Information Act of 1967, § 25-19-101 et seq., except as otherwise provided in this chapter and the Arkansas Procurement Law, § 19-61-101 et seq.

(a) Existing Remedies Not Impaired. Civil and administrative remedies against employees that are in existence on July 1, 1979, shall not be impaired. (b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this chapter, or rules promulga…

(a) Existing Remedies Not Impaired. Civil and administrative remedies against nonemployees that are in existence on July 1, 1979, shall not be impaired. (b) Supplemental Remedies. In addition to the existing remedies for breach of the ethical standards of this chapter, or rules p…

(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this chapter, or rules promulgated under this chapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee. (b) Recovery of Kickback…

The Secretary of the Department of Shared Administrative Services shall promulgate rules to implement this chapter and shall do so in accordance with this chapter and the applicable provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(a) (1) On written request of an employee or contractor and in consultation with the Attorney General, the Secretary of the Department of Shared Administrative Services may render a written advisory opinion regarding the appropriateness of the course of conduct to be followed in …

(a) On written request of an employee, the Secretary of the Department of Shared Administrative Services may grant the employee a written waiver from the application of § 19-64-202, which refers to employee conflict of interest, and grant permission to proceed with the transactio…

(a) This chapter does not apply to faculty or staff of state-supported institutions of higher education participating in business incubators within this state. (b) (1) The Secretary of the Department of Shared Administrative Services shall promulgate rules pursuant to the procedu…

(a) (1) Notwithstanding anything in this chapter to the contrary, if, in either of the events in subdivisions (a)(1)(A) and (B) of this section, the contract or subcontract, solicitation, or proposal involves patents, copyrights, or other proprietary information in which a state-…

(a) As used in this section:(1) (A) “Conflict of interest” means a special state employee's direct or indirect pecuniary or other interest in a matter before a covered board.(B) “Conflict of interest” includes without limitation the following:(i) An offer of employment from an en…

(a) It is the policy of the State of Arkansas that state agencies shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, architectural, engineering, construction management, and land surveying profession…

(1) As used in this chapter:(1) (A) “Construction management” means a project delivery method based on an agreement in which a state agency, political subdivision, public school district, or institution of higher education acquires from a construction entity a series of services …

(a) In the procurement of professional services, a state agency or political subdivision that utilizes the professional services may encourage firms engaged in the lawful practice of professions offering professional services to submit annual statements of qualifications to the s…

(1) In evaluating the qualifications of each firm, the state agency or political subdivision shall consider:(1) The specialized experience and technical competence of the firm with respect to the type of professional services required;(2) The capacity and capability of the firm t…

(a) A state agency or political subdivision shall select three (3) qualified firms under this chapter. (b) The state agency or political subdivision shall then select the firm considered the best-qualified and capable of performing the desired work and negotiate a contract for th…

(a) For the basis of negotiations under this chapter, a state agency or political subdivision and the selected firm shall jointly prepare a detailed, written description of the scope of the proposed services. (b) (1) (A) If a state agency or political subdivision is unable to neg…

(a) As used in this section:(1) “Design-build” means a project delivery method in which the school district acquires both design and construction services in the same contract from a single legal entity, referred to as the “design-builder”, without competitive bidding;(2) (A) “De…

(1) As used in this chapter:(1) “Commodities” means all property, including without limitation equipment, printing, stationery, supplies, and insurance, but excluding real property, leases on real property, or a permanent interest in real property;(2) “Fiscal year” means July 1 o…

(a) All suitable commodities and services, including small purchases, procured according to applicable state specifications by or for a state department, institution, or agency shall be procured from nonprofit work centers for individuals with disabilities in all cases when the c…

(a) All state agencies as defined in § 19-61-103 are required to purchase their requirements of needed available and suitable products and purchase suitable services from nonprofit work centers for individuals with disabilities, unless such products and services are authorized by…

(a) Arkansas Rehabilitation Services and the Division of State Services for the Blind shall undertake the inspection on a continuing basis of the work centers certified by each respective state agency to determine that the work centers operate in accordance with the requirements …

(a) The Office of State Procurement shall promulgate rules governing implementation of this chapter. (b) (1) The office shall investigate an alleged violation of the rules promulgated under this chapter.(2) The office shall notify the work center concerned in the investigation by…

(1) As used in this chapter:(1) “Consultant services contract” means a contract between a state agency and an individual or organization in which:(A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advic…

The principal purpose of a professional services contract or a consultant services contract is the procurement of services by the state agency rather than the procurement of commodities.

(1) This chapter does not apply to:(1) The contracts of the Arkansas Department of Transportation that are covered by the technical work requirements and administrative controls of the Federal Highway Administration;(2) Contracts entered into by the department in which the costs …

(a) A contract under this chapter shall not be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (b) A contract shall not be approved that would be in violation of § 19-4-701 et seq. relating to expenditures. (c) (1…

The State Procurement Director, after soliciting suggestions from state agencies and after seeking and receiving the advice of the Attorney General and review by the Legislative Council or by the Joint Budget Committee, if the General Assembly is in session, shall publish general…

(1) The head of a state agency shall certify by his or her signature on each contract entered into by that state agency that:(1) All information required by law and by rule is supplied;(2) The proper contracting form is utilized;(3) All information contained in the contract is tr…

(a) The State Procurement Director may make whatever additional inquiry he or she deems necessary and may require that additional information be supplied if he or she has reason to believe that the contract should be rejected because it does not comply with this chapter. (b) The …

Service contracts filed with a state agency under § 19-4-1108 shall be available for public inspection and auditing purposes.

(a) (1) Every contract for professional consultant services covered by this chapter that is executed using the professional and consultant services contract form approved by the State Procurement Director shall be filed with the Office of State Procurement.(2) The execution date …