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10-3-1109. Contracts.
Arkansas Code — all titles (historical 2020) · legal_authorities
10-3-1109. Contracts.
(a)(1) Construction work to be performed shall be under contract, to be awarded by the Joint Interim Committee on Legislative Facilities to the lowest responsible bidder, but the total cost of the project, including cost of publishing legal notices, payment of architect fees, payments to contractors, and all other expenses of whatever nature incident to and reasonably necessary in connection with the project shall not exceed the appropriation provided for it.
(2) All expenditures of funds shall be in strict compliance with the applicable provisions of the fiscal laws of this state pertaining to the expenditure of public funds and the state purchasing laws of this state.
(3) All contracts let under the provisions of this subchapter shall be subject to the approval of the Governor, the Auditor of State, and the Treasurer of State, as provided in Arkansas Constitution, Article 19, Section 15 [repealed].
(b) All actions by the Joint Interim Committee on Legislative Facilities in relation to the work to be performed under contracts shall be in strict compliance with the applicable provisions of §§ 22-9-202 — 22-9-204.
(c) All payments to contractors under contracts let under the provisions of this subchapter shall be made only after the approval of the amounts thereof by the architect.
(d) All contracts which the Joint Interim Committee on Legislative Facilities proposes to enter into shall be subject to the approval as to form only by the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-1109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:10-3-1109
Source file: gov.ar.code.title.10.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 795679ef4b209ab293310612bc8eaf4daca6186c1cdeed6cd27620342277ec61
Source location: content.xml paragraph 2367
Stored source content
10-3-1109. Contracts.
(a)(1) Construction work to be performed shall be under contract, to be awarded by the Joint Interim Committee on Legislative Facilities to the lowest responsible bidder, but the total cost of the project, including cost of publishing legal notices, payment of architect fees, payments to contractors, and all other expenses of whatever nature incident to and reasonably necessary in connection with the project shall not exceed the appropriation provided for it.
(2) All expenditures of funds shall be in strict compliance with the applicable provisions of the fiscal laws of this state pertaining to the expenditure of public funds and the state purchasing laws of this state.
(3) All contracts let under the provisions of this subchapter shall be subject to the approval of the Governor, the Auditor of State, and the Treasurer of State, as provided in Arkansas Constitution, Article 19, Section 15 [repealed].
(b) All actions by the Joint Interim Committee on Legislative Facilities in relation to the work to be performed under contracts shall be in strict compliance with the applicable provisions of §§ 22-9-202 — 22-9-204.
(c) All payments to contractors under contracts let under the provisions of this subchapter shall be made only after the approval of the amounts thereof by the architect.
(d) All contracts which the Joint Interim Committee on Legislative Facilities proposes to enter into shall be subject to the approval as to form only by the Attorney General.
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-202. Construction of this section and §§ 22-9-203 and 22-9-204.
(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract.
(b)(1) This section and §§ 22-9-203 and 22-9-204 do not:
(A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or
(B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees.
(2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring:
(A) Commodities in accordance with § 14-22-101 et seq.;
(B) Professional services in accordance with § 19-11-801 et seq.; or
(C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of thirty-five thousand dollars ($35,000).
(c) This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than thirty-five thousand dollars ($35,000).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 22-9-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-204. Subcontractors exceeding $50,000 — Penalty.
(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in:
(1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration;
(2) Plumbing;
(3) Electrical; and
(4) Roofing.
(b)(1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed.
(2)(A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work.
(B) However, a subcontractor is prohibited from subcontracting the work in its entirety.
(c)(1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid.
(2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.
(d) The prime contractor shall submit written evidence that the substituted contractor is costing the sa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 22-9-204. This identifies an authority to review, not proof of applicability.