Arkansas Code Title 19, Chapter 11, Subchapter 2 - Arkansas Procurement Law

• § 19-11-201 - Title.
  This subchapter shall be referred to as the "Arkansas Procurement Law".
• § 19-11-202 - Purposes and Policies.
  The underlying purposes and policies of this subchapter are to: (1) Simplify, clarify, and modernize the law governing procurement by this state; (2) Permit...
• § 19-11-203 - Definitions Generally.
  As used in this subchapter: (1) (A) "Agency procurement official" means any person authorized by a state agency to enter into and administer contracts...
• § 19-11-204 - Definitions Concerning Source Selection and Contract Formation.
  As used in this subchapter: (1) "Competitive bidding" means the same as defined in § 19-11-234(a); (2) "Competitive sealed bidding" means the same as...
• § 19-11-205 - Definitions Concerning Commodity Management.
  As used in this subchapter: (1) "Commodities" means, for purposes of this section, §§ 19-11-242 and 19-11-243, commodities owned by the state. See §...
• § 19-11-206 - Definitions Concerning Intergovernmental Relations.
  As used in this subchapter: (1) "Cooperative procurement" means procurement conducted by, or on behalf of, more than one (1) public procurement unit or...
• § 19-11-207 - Applicability.
  (a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203,...
• § 19-11-208 - Exemptions.
  Commodities and services need not be procured through the Office of State Procurement, if procured by the out-of-state offices of state agencies for that...
• § 19-11-209 - Construction.
  This subchapter shall be construed and applied to promote its underlying purposes and policies.
• § 19-11-210 - Operation of Other Laws.
  Unless displaced by the particular provisions of this subchapter, the principles of law and equity, including the Uniform Commercial Code, § 4-1-101 et seq.,...
• § 19-11-211 - Obligation of Good Faith.
  Every contract or duty within this subchapter imposes an obligation of good faith in its performance or enforcement. "Good faith" means honesty in fact...
• § 19-11-212 - Existing Contracts.
  The administration of contracts in existence on July 1, 1979, shall be the responsibility of the appropriate officials described in this subchapter.
• § 19-11-213 - Federal Assistance Requirements.
  If federal assistance requirements or federal contract requirements conflict with this subchapter or regulations promulgated under it, nothing in this subchapter or its regulations...
• § 19-11-214 - Determinations and Findings.
  Written determinations and findings required by this subchapter shall be retained in an official contract file by the Office of State Procurement or by...
• § 19-11-215 - Office of State Procurement.
  (a) There is created within the Department of Finance and Administration an Office of State Procurement to be administered by the State Procurement Director.(b)...
• § 19-11-216 - State Procurement Director.
  (a) (1) The executive head of the Office of State Procurement is designated as the administrator of the Office of State Procurement, and as...
• § 19-11-217 - Powers and Duties of State Procurement Director.
  (a) The State Procurement Director shall serve as the principal procurement officer of the state.(b) (1) Except as otherwise provided in this subchapter and...
• § 19-11-218 - Assistants and Designees.
  Subject to the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., the State Procurement Director may: (1) Employ and supervise...
• § 19-11-219 - Legal Counsel.
  The Attorney General shall act as counsel for the State Procurement Director in preparation of necessary contracts and in all legal matters.
• § 19-11-220 - Agency Procurement Officials.
  (a) In addition to any state agency authorized by regulation to have an agency procurement official, each of the following state agencies may elect...
• § 19-11-221 - Agency Procurement Official for Department of Correction.
  (a) In addition to those agencies, institutions, and departments of state government enumerated in § 19-11-220 which may elect to have agency procurement officials...
• § 19-11-222 - Exclusive Jurisdiction Over Procurement.
  (a) The State Procurement Director shall have exclusive jurisdiction over the procurement of: (1) Items subject to Arkansas Constitution, Amendment 54; (2) Wholesale gasoline,...
• § 19-11-223 - Commodities, Technical and General Services, and Professional and Consultant Services Under State Contract.
  (a) In addition to establishing a state contract for those commodities, technical and general services, and professional and consultant services within the exclusive jurisdiction...
• § 19-11-224 - Interest and Carrying Charges.
  State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest and late charges, but only when such late charges...
• § 19-11-225 - Regulations.
  (a) Regulations shall be promulgated by the State Procurement Director in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative...
• § 19-11-226 - Recommendations.
  (a) The State Procurement Director shall maintain a close and cooperative relationship with the using agencies.(b) (1) The State Procurement Director shall afford each...
• § 19-11-227 - Statistical Data.
  The State Procurement Director shall cooperate with the Office of Budget of the Department of Finance and Administration and the Office of Accounting of...
• § 19-11-228 - Methods of Source Selection.
  Unless otherwise authorized by law, all contracts shall be awarded by competitive sealed bidding, pursuant to § 19-11-229, which refers to competitive sealed bidding,...
• § 19-11-229 - Competitive Sealed Bidding.
  (a) "Competitive sealed bidding" means a method of procurement which requires: (1) Issuance of an invitation for bids with a purchase description and all...
• § 19-11-230 - Competitive Sealed Proposals.
  (a) Definition. "Competitive sealed proposals" means a method of procurement which involves, but is not limited to: (1) Solicitation of proposals through a request...
• § 19-11-231 - Small Procurements.
  (a) Any procurement not exceeding the amount under § 19-11-204(13), which refers to small procurements, may be made in accordance with small procurement procedures...
• § 19-11-232 - Proprietary or Sole Source Procurements.
  (a) Under regulations promulgated under this subchapter, a contract may be awarded for a required or designated commodity or service to a sole or...
• § 19-11-233 - Emergency Procurements.
  The State Procurement Director, the head of a procurement agency, or a designee of either officer may make or authorize others to make emergency...
• § 19-11-234 - Competitive Bidding.
  (a) (1) Competitive bidding is a method of procurement which requires obtaining bids by: (A) Direct mail request to prospective bidders and obtaining written...
• § 19-11-235 - Responsibility of Bidders and Offerors.
  (a) (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with regulations promulgated by the State Procurement Director....
• § 19-11-236 - Prequalification of Suppliers.
  (a) (1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general...
• § 19-11-237 - Cost-Plus-a-Percentage-Of-cost and Cost-Plus-a-Fixed-Fee Contracts.
  As used in this subchapter, unless the context otherwise requires, the cost-plus-a-percentage-of-cost and cost-plus-a-fixed-fee system may be used under the authority of the State...
• § 19-11-238 - Multiyear Contracts.
  (a) Specified Period. Unless otherwise provided by law, a contract for commodities or services may be entered into for periods of not more than...
• § 19-11-239 - Finality of Determinations.
  The determinations required by: (1) Section 19-11-229(h), which refers to competitive sealed bidding, award; (2) Section 19-11-230(b), which refers to competitive sealed proposals, conditions...
• § 19-11-240 - Reporting of Suspected Collusion.
  (a) Notification to the Attorney General. When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant...
• § 19-11-241 - Specifications.
  (a) Definition. (1) "Specification" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of...
• § 19-11-242 - Commodity Management Regulations.
  The State Procurement Director shall promulgate regulations governing: (1) The sale, lease, or disposal of surplus commodities by public auction, competitive sealed bidding, or...
• § 19-11-243 - Proceeds From Surplus Commodities.
  The State Procurement Director shall promulgate regulations for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent...
• § 19-11-244 - Resolution of Protested Solicitations and Awards.
  (a) (1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by...
• § 19-11-245 - Debarment or Suspension.
  (a) Applicability. This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation,...
• § 19-11-246 - Resolution of Contract and Breach of Contract Controversies.
  (a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them....
• § 19-11-247 - Remedies for Unlawful Solicitation or Award.
  (a) The provisions of this section apply where it is determined upon any review provided by law that a solicitation or award of a...
• § 19-11-248 - Finality of Administrative Determinations.
  In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state...
• § 19-11-249 - Cooperative Purchasing.
  (a) (1) A public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of commodities or services...
• § 19-11-250 - Sale, Etc., of Commodities.
  Any public procurement unit by agreement with another public procurement unit may sell to, acquire from, or use any commodities belonging to or produced...
• § 19-11-251 - Intergovernmental Use of Commodities or Services.
  Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of...
• § 19-11-252 - Rules and Regulations.
  The State Procurement Director may promulgate reasonable rules and regulations pertaining to the sale or acquisition of any commodities, technical and general services, or...
• § 19-11-253 - Joint Use of Facilities.
  Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another...
• § 19-11-254 - State Information Services.
  (a) Upon request, the State Procurement Director may make available to public procurement units the following services, among others: (1) Standard forms; (2) Printed...
• § 19-11-255 - Use of Payments Received.
  All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying services shall be available to the...
• § 19-11-256 - Compliance by Public Procurement Units.
  (a) Procurement in Accordance with Requirements. When the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of...
• § 19-11-257 - Review of Procurement Requirements.
  (a) (1) To the extent possible and consistent with efficiency, the State Procurement Director shall collect information concerning the type, cost, quality, and quantity...
• § 19-11-258 - Contract Controversies.
  Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance...
• § 19-11-259 - Preferences Among Bidders.
  (a) Definitions. (1) The definitions in this subsection shall not be applicable to other sections of this subchapter. (2) As used in this section:...
• § 19-11-260 - Recycled Paper Products -- Preference.
  (a) The State Procurement Director shall issue a recycled paper content specification for each type of paper product.(b) (1) The goal of state agencies...
• § 19-11-261 - Cooperative Purchase of Paper Products for Local Governments.
  (a) (1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products. (2) The program...
• § 19-11-262 - Multiple Award Contracts.
  (a) (1) Multiple award contracts may be made only if the State Procurement Director or an agency procurement official determines in writing that a...
• § 19-11-263 - Special Procurements.
  (a) Notwithstanding any other provision of this subchapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above...
• § 19-11-264 - Submission of Contracts With Members of the General Assembly Required.
  (a) All contracts with a member of the General Assembly, his or her spouse, or with any business in which such person or his...
• § 19-11-265 - Submission of Contracts Required.
  (a) (1) A contract requiring the service of one (1) or more individuals for regular full-time or part-time weekly work shall be presented to...
• § 19-11-266 - High Efficiency Lighting -- Preference.
  (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)...
• § 19-11-267 - Development and Use of Performance-Based Contracts.
  (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...
• § 19-11-268 - Vendor Performance Reporting.
  (a) (1) A state agency shall report a vendor's performance under a contract executed under this subchapter that has a total initial contract amount...
• § 19-11-269 - Review of Information Technology Plans.
  The Office of State Procurement shall ensure that all required information has been submitted to the Office of Intergovernmental Services of the Department of...
• § 19-11-270 - Penalty for Intentional Violation.
  A person who purposely violates state procurement laws, Arkansas Code Title 19, Chapter 11, upon conviction is guilty of a Class D felony.
• § 19-11-271 - Compliance Reporting.
  (a) Each report required under this subchapter shall be copied to the Director of the Department of Finance and Administration, who shall review each...
• § 19-11-272 - Experience Requirement.
  (a) (1) The General Assembly finds that: (A) An invitation for bids, a request for proposals, and a request for qualifications often require that...

Last modified: November 15, 2016