A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:
(1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or
(2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.
Structure Arkansas Code
Subchapter 8 - Fair and Open Competition in Governmental Construction Act
§ 22-9-802. Legislative intent
§ 22-9-804. Public agency construction contracts — Prohibited terms
§ 22-9-805. Grants, tax abatements, and tax credits — Prohibited terms
§ 22-9-806. Construction document preparation — Prohibited terms