Arkansas Code
Title 19 - Public Finance
Chapter 11 - Purchasing and Contracts

Subchapter 1 - General Provisions

§ 19-11-101. Responsibility of disbursing officer — Maintenance of files by Office of State Procurement - (a) The disbursing officer of each agency, board, commission, department,...

§ 19-11-102. Use of soybean ink in state printing - Notwithstanding any law or rule to the contrary, all printing...

§ 19-11-103. Penalty for violation of law - Any person who is found by a court of law...

§ 19-11-104. Equal opportunity policy - (a) The purpose of this section is to require any...

§ 19-11-105. Illegal immigrants — Prohibition — Public contracts for services — Definitions - (a) As used in this section: (1) “Contractor” means a...

Subchapter 2 - Arkansas Procurement Law

§ 19-11-201. Title - This subchapter shall be referred to as the “Arkansas Procurement...

§ 19-11-202. Purposes and policies - The underlying purposes and policies of this subchapter are to:...

§ 19-11-203. Definitions generally - As used in this subchapter: (1) (A) “Agency procurement official”...

§ 19-11-204. Definitions concerning source selection and contract formation - As used in this subchapter: (1) “Competitive bidding” means the...

§ 19-11-205. Definitions concerning commodity management - As used in this subchapter: (1) “Commodities” means, for purposes...

§ 19-11-206. Definitions concerning intergovernmental relations - As used in this subchapter: (1) “Cooperative purchasing agreement” means...

§ 19-11-207. Applicability - (a) This subchapter shall apply to every expenditure of public...

§ 19-11-208. Exemptions - Commodities and services need not be procured through the Office...

§ 19-11-209. Construction - This subchapter shall be construed and applied to promote its...

§ 19-11-210. Operation of other laws - Unless displaced by the particular provisions of this subchapter, the...

§ 19-11-211. Obligation of “good faith” - Every contract or duty within this subchapter imposes an obligation...

§ 19-11-212. Existing contracts - The administration of contracts in existence on July 1, 1979,...

§ 19-11-213. Federal assistance requirements - If federal assistance requirements or federal contract requirements conflict with...

§ 19-11-214. Determinations and findings - Written determinations and findings required by this subchapter shall be...

§ 19-11-215. Office of State Procurement - (a) There is created within the Department of Transformation and...

§ 19-11-216. State Procurement Director - (a) (1) The executive head of the Office of State...

§ 19-11-217. Powers and duties of State Procurement Director - (a) The State Procurement Director shall serve as the principal...

§ 19-11-218. Assistants and designees — Written delegation orders - (a) Subject to the provisions of the Uniform Classification and...

§ 19-11-219. Legal counsel — Contract review - (a) The Attorney General shall act as counsel for the...

§ 19-11-220. Agency procurement officials - (a) In addition to any state agency authorized by rule...

§ 19-11-221. Agency procurement official for Division of Correction - (a) In addition to those agencies, institutions, and departments of...

§ 19-11-222. Exclusive jurisdiction over procurement — Definitions - (a) The State Procurement Director has exclusive jurisdiction over the...

§ 19-11-223. Commodities, technical and general services, and professional and consultant services under state contract - (a) (1) In addition to establishing a state contract for...

§ 19-11-224. Interest and carrying charges - State agencies, including exempt agencies, may enter into contracts which...

§ 19-11-225. Rules - (a) (1) The State Procurement Director shall adopt rules in...

§ 19-11-226. Recommendations - (a) The State Procurement Director shall maintain a close and...

§ 19-11-227. Statistical data - The State Procurement Director and the Secretary of the Department...

§ 19-11-228. Methods of source selection - Unless otherwise authorized by law, all contracts shall be awarded...

§ 19-11-229. Competitive sealed bidding — Definition - (a) Definition. “Competitive sealed bidding” means a method of procurement...

§ 19-11-230. Competitive sealed proposals — Definition - (a) Definition. “Competitive sealed proposals” means a method of procurement...

§ 19-11-231. Small procurements - (a) Any procurement not exceeding the amount under § 19-11-204(13),...

§ 19-11-232. Proprietary or sole source procurements - (a) Under rules promulgated under this subchapter, a contract may...

§ 19-11-233. Emergency procurements — Definition - (a) The State Procurement Director, the head of a procurement...

§ 19-11-234. Competitive bidding - (a) (1) Competitive bidding is a method of procurement which...

§ 19-11-235. Responsibility of bidders and offerors - (a) (1) A determination of nonresponsibility of a bidder or...

§ 19-11-236. Prequalification of suppliers - (a) (1) The State Procurement Director may provide for prequalification...

§ 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,...

§ 19-11-238. Multiyear contracts - (a) Specified Period. Unless otherwise provided by law, a contract...

§ 19-11-239. Finality of determinations - The determinations required by: (1) Section 19-11-229(h), which refers to...

§ 19-11-240. Reporting of suspected collusion — Definition - (a) As used in this section, “collusion” means cooperation in...

§ 19-11-241. Specifications — Definition - (a) Definition. (1) “Specification” means any technical or purchase description...

§ 19-11-242. Commodity management rules - The State Procurement Director shall promulgate rules governing: (1) The...

§ 19-11-243. Proceeds from surplus commodities - The State Procurement Director shall promulgate rules for the allocation...

§ 19-11-244. Resolution of protested solicitations and awards - (a) (1) Any actual or prospective bidder, offeror, or contractor...

§ 19-11-245. Debarment or suspension - (a) Applicability. This section applies to debarment for cause from...

§ 19-11-246. Resolution of contract and breach of contract controversies - (a) Applicability. This section applies to controversies between the state...

§ 19-11-247. Remedies for unlawful solicitation or award - (a) The provisions of this section apply where it is...

§ 19-11-248. Finality of administrative determinations - In any judicial action or other action provided by law,...

§ 19-11-249. Cooperative purchasing - (a) (1) A public procurement unit may participate in, sponsor,...

§ 19-11-250. Sale, etc., of commodities - Any public procurement unit by agreement with another public procurement...

§ 19-11-251. Intergovernmental use of commodities or services - Any public procurement unit may enter into an agreement with...

§ 19-11-252. Rules - The State Procurement Director may promulgate reasonable rules pertaining to...

§ 19-11-253. Joint use of facilities - Any public procurement unit may enter into agreements for the...

§ 19-11-254. State information services - (a) Upon request, the State Procurement Director may make available...

§ 19-11-255. Use of payments received - All payments from any public procurement unit or external procurement...

§ 19-11-256. Compliance by public procurement units - (a) Procurement in Accordance with Requirements. When the public procurement...

§ 19-11-257. Review of procurement requirements - (a) (1) To the extent possible and consistent with efficiency,...

§ 19-11-258. Contract controversies - Under a cooperative purchasing agreement, controversies arising between an administering...

§ 19-11-259. Preferences among bidders — Definitions - (a) Definitions. (1) The definitions in this subsection shall not...

§ 19-11-261. Cooperative purchase of paper products for local governments - (a) (1) All cities, counties, and school districts shall participate...

§ 19-11-262. Multiple award contracts - (a) (1) Multiple award contracts may be made only if...

§ 19-11-263. Special procurements - (a) Notwithstanding any other provision of this subchapter, the State...

§ 19-11-264. Submission of contracts with members of General Assembly required - (a) All contracts with a member of the General Assembly,...

§ 19-11-265. Submission of contracts required — Definition - (a) (1) Except for critical emergency procurements and as otherwise...

§ 19-11-266. High efficiency lighting — Preference — Definitions - (a) (1) The General Assembly finds: (A) The expansion of...

§ 19-11-267. Development and use of performance-based contracts — Findings - (a) The General Assembly finds that: (1) Performance-based contracts provide...

§ 19-11-268. Vendor performance reporting - (a) (1) A state agency shall report a vendor's performance...

§ 19-11-269. Review of information technology plans - The Office of State Procurement shall ensure that all required...

§ 19-11-270. Penalty for intentional violation - A person who purposely violates state procurement laws, Arkansas Code...

§ 19-11-271. Compliance reporting - (a) Each report required under this subchapter shall be copied...

§ 19-11-272. Experience requirement — Findings - (a) (1) The General Assembly finds that: (A) An invitation...

§ 19-11-273. Procurements for services in designated positions and designated financial and information technology positions - A contract for services with a person employed or entity...

§ 19-11-274. Reporting requirements - (a) The State Procurement Director shall compile a monthly report...

§ 19-11-275. Tracking requirements - (a) The State Procurement Director, each agency procurement official, and...

§ 19-11-276. Compliance - (a) A contractor shall ensure, in cooperation with a state...

§ 19-11-277. Solicitation conferences - (a) (1) A state agency may hold a solicitation conference...

§ 19-11-278. Vendor training and polling - The Office of State Procurement shall: (1) (A) Develop and...

§ 19-11-279. Requests for information — Definition - (a) As used in this section, “request for information” means...

§ 19-11-280. Training and certification of procurement personnel - (a) The State Procurement Director shall establish a training and...

§ 19-11-281. Cancellation of contract on entry of final business closure order — Definition. [Effective January 1, 2020.] - (a) As used in this subchapter, “final business closure order”...

Subchapter 3 - Bidding — State Industry Priority

§ 19-11-301. Purpose - The purpose of this subchapter is to protect Arkansas private...

§ 19-11-302. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 19-11-303. Provisions controlling - Where provisions of this subchapter are inconsistent with provisions of...

§ 19-11-304. Priority for state industries - In the bidding process for the sale of products for...

§ 19-11-305. Award to lowest state bidder — Exceptions - Subject to any applicable bonding requirements, in all bidding procedures...

§ 19-11-306. Underbid by nonresident industry or penal institution - Subject to any applicable bonding requirements, in the event that...

Subchapter 6 - Federal Government Surplus Property

§ 19-11-601. Authority to transfer to state and local agencies - (a) The Arkansas Department of Emergency Management is authorized to...

§ 19-11-602. Purchase for schools and school districts - (a) The Division of Emergency Management is authorized to purchase...

§ 19-11-603. Service charge - (a) The Arkansas Department of Emergency Management is authorized to...

§ 19-11-604. Rural water associations - Rural water associations shall be deemed eligible to participate in...

§ 19-11-605. Authority to transfer excess military property to state and local agencies — Service charge - The Law Enforcement Support Office may: (1) Cooperate with the...

Subchapter 7 - Ethics

§ 19-11-701. Definitions - As used in this subchapter: (1) “Blind trust” means an...

§ 19-11-702. Penalties - Any employee or nonemployee who shall knowingly violate any of...

§ 19-11-703. Statement of policy - (a) Public employment is a public trust. It is the...

§ 19-11-704. General standards of ethical conduct - (a) General Ethical Standards for Employees. (1) Any attempt to...

§ 19-11-705. Employee conflict of interest - (a) Conflict of Interest. (1) It shall be a breach...

§ 19-11-706. Employee disclosure requirements - (a) Disclosure of Benefit Received from Contract. Any employee who...

§ 19-11-707. Gratuities and kickbacks - (a) Gratuities. It is a breach of ethical standards for...

§ 19-11-708. Prohibition against contingent fees - (a) Contingent Fees. It shall be a breach of ethical...

§ 19-11-709. Restrictions on employment of present and former employees — Definition - (a) Contemporaneous Employment Prohibited. It shall be a breach of...

§ 19-11-710. Use of confidential information - It shall be a breach of ethical standards for any...

§ 19-11-711. Public access to procurement information - Procurement information shall be public record to the extent provided...

§ 19-11-712. Civil and administrative remedies against employees who breach ethical standards - (a) Existing Remedies Not Impaired. Civil and administrative remedies against...

§ 19-11-713. Civil and administrative remedies against nonemployees who breach ethical standards - (a) Existing Remedies Not Impaired. Civil and administrative remedies against...

§ 19-11-714. Recovery of value transferred or received in breach of ethical standards - (a) General Provisions. The value of anything transferred or received...

§ 19-11-715. Duties of Secretary of the Department of Finance and Administration - (a) Rules. The Secretary of the Department of Finance and...

§ 19-11-716. Participation in business incubators — Rules and guidelines - (a) The provisions of this subchapter shall not be applicable...

§ 19-11-717. State-supported institutions of higher education - (a) (1) Notwithstanding anything in this subchapter to the contrary,...

§ 19-11-718. Special state employees — Conflicts of interest — Definitions - (a) As used in this section: (1) (A) “Conflict of...

Subchapter 8 - Procurement of Professional Services

§ 19-11-801. Policy — Definitions - (a) It is the policy of the State of Arkansas...

§ 19-11-802. Annual statements of qualifications and performance data — Restrictions on competitive bidding - (a) In the procurement of professional services, a state agency...

§ 19-11-803. Evaluation of qualifications - In evaluating the qualifications of each firm, the state agency...

§ 19-11-804. Selection - (a) The state agency or political subdivision shall select three...

§ 19-11-805. Negotiation of contracts - (a) For the basis of negotiations, the state agency or...

§ 19-11-807. Design-build construction — Definitions - (a) As used in this section: (1) “Design-build” means a...

Subchapter 9 - Purchases of Work Center Products and Services

§ 19-11-901. Purchase required — Exception - (a) All suitable commodities and services, including small purchases, hereafter...

§ 19-11-902. Rules — Definitions - (a) The Office of State Procurement shall be responsible for...

Subchapter 10 - Professional and Consultant Services Contracts

§ 19-11-1001. Definitions - As used in this subchapter: (1) “Consultant services contract” means...

§ 19-11-1002. Purpose of contracts - The principal purpose of a professional services contract or a...

§ 19-11-1003. Contracts exempted - (a) This subchapter shall not apply to the contracts of...

§ 19-11-1004. Restrictions on contracts - (a) No contract under this subchapter shall be used to...

§ 19-11-1005. General guidelines and rules - The State Procurement Director, after soliciting suggestions from state agencies...

§ 19-11-1007. Certification by agency head - The head of every state agency shall certify by his...

§ 19-11-1008. Approval or disapproval of contracts - (a) The State Procurement Director may make whatever additional inquiry...

§ 19-11-1009. Filing of contracts - Service contracts filed with a state agency under § 19-4-1109...

§ 19-11-1011. Review requirement - (a) (1) Every contract for professional consultant services covered by...

§ 19-11-1012. Standard contract forms - (a) The State Procurement Director shall prescribe standard forms to...

§ 19-11-1014. Compliance reporting — Definition - (a) Each report required under this subchapter shall be copied...

§ 19-11-1015. Cancellation of contract on entry of final business closure order — Definition. [Effective January 1, 2020.] - (a) As used in this subchapter, “final business closure order”...

Subchapter 11 - Purchase Of Technology Systems

§ 19-11-1101. Contracts - (a) An agency procurement official or procurement agent may enter...

§ 19-11-1102. Shared Benefit Payment Fund - (a) There is created on the books of the Treasurer...

Subchapter 12 - Guaranteed Energy Cost Savings Act

§ 19-11-1201. Title - This subchapter shall be known and may be cited as...

§ 19-11-1202. Definitions - As used in this subchapter: (1) (A) “Energy cost savings...

§ 19-11-1203. Energy cost savings measures authorized - (a) (1) A state agency may enter into a guaranteed...

§ 19-11-1204. Method of solicitation - Any solicitation of a guaranteed energy cost savings contract by...

§ 19-11-1205. Evaluation of responses to solicitations - (a) In a state agency's evaluation of each qualified provider's...

§ 19-11-1206. Guaranteed energy cost savings contract requirements - (a) The following provisions are required in a guaranteed energy...

§ 19-11-1207. Administration of subchapter — Fees - (a) The Arkansas Energy Office of the Division of Environmental...

§ 19-11-1208. Use of maintenance and operation appropriations - (a) Notwithstanding any law to the contrary, a state agency...

Subchapter 13 - Partial Equity Ownership Agreement Executed by a State Retirement System

§ 19-11-1301. Definition - As used in this subchapter, “partial equity ownership agreement” means...

§ 19-11-1302. Review of partial equity ownership agreements - (a) A partial equity ownership agreement is subject to review...

§ 19-11-1303. Imminent need to enter into partial equity ownership agreement - (a) In lieu of a review under § 19-11-1302, a...

§ 19-11-1304. Retrospective review of partial equity ownership agreement to ensure disclosure - (a) Before April 7, 2009, if a state retirement system...

Subchapter 14 - Construction Manager-General Contractor Method of Procurement Pilot Program

§ 19-11-1401. Title - This subchapter shall be known and may be cited as...

§ 19-11-1402. Legislative findings - The General Assembly finds that: (1) An efficient transportation system...

§ 19-11-1403. Definitions - As used in this subchapter: (1) “Authorized contingency” means a...

§ 19-11-1404. Construction Manager-General Contractor Method of Procurement Pilot Program — Creation - (a) The State Highway Commission may develop a Construction Manager-General...

§ 19-11-1405. Project selection - If the Arkansas Department of Transportation determines that a construction...

§ 19-11-1406. Request for proposals - (a) A request for proposals under this subchapter shall include...

§ 19-11-1407. Construction manager-general contractor selection - (a) The Arkansas Department of Transportation shall: (1) Prepare contract...

§ 19-11-1408. Rules - The State Highway Commission and the Arkansas Department of Transportation...

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Arkansas Code Title 19 - Public Finance Chapter 11 - Purchasing and Contracts

Arkansas Code
Title 19 - Public Finance
Chapter 11 - Purchasing and Contracts