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14-58-105. Purchase of commodities or services by municipalities through competitive bidding — Preference among bidders — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-58-105. Purchase of commodities or services by municipalities through competitive bidding — Preference among bidders — Definitions.
(a) As used in this section:
(1) “Commodities” means all property, including without limitation equipment, printing, stationery, supplies, insurance, and capital improvements, but excluding leases on real property, real property, or a permanent interest in real property, and exempt commodities and services;
(2) “Firm resident in the municipality” means any individual, partnership, association, or corporation, whether domestic or foreign, that:
(A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and
(B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business;
(3) “Lowest qualified bid” means the lowest bid that conforms to the specifications and request for bids;
(4) “Municipality” means an incorporated town, a city of the first class, and a city of the second class;
(5) “Nonresident firm” means a firm that is not included in the definition of a “firm resident in the municipality”; and
(6) “Services” means labor, time, or effort furnished by a contractor.
(b)(1)(A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality.
(B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality.
(C) The ordinance may place a specific dollar cap on the total monetary amoun
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-58-105
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:14-58-105
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f179f510443c26cc1f4608cad083a2e497eb2fd1ff1a1bd3fc41a871dfdcb3ed
Source location: content.xml paragraph 18439
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14-58-105. Purchase of commodities or services by municipalities through competitive bidding — Preference among bidders — Definitions.
(a) As used in this section:
(1) “Commodities” means all property, including without limitation equipment, printing, stationery, supplies, insurance, and capital improvements, but excluding leases on real property, real property, or a permanent interest in real property, and exempt commodities and services;
(2) “Firm resident in the municipality” means any individual, partnership, association, or corporation, whether domestic or foreign, that:
(A) Maintains at least one (1) staffed place of business located within the corporate limits of the municipality; and
(B) For not less than two (2) successive years immediately before submitting a bid, has paid taxes to the county that benefit the municipality on either real or personal property used or intended to be used in connection with the firm's business;
(3) “Lowest qualified bid” means the lowest bid that conforms to the specifications and request for bids;
(4) “Municipality” means an incorporated town, a city of the first class, and a city of the second class;
(5) “Nonresident firm” means a firm that is not included in the definition of a “firm resident in the municipality”; and
(6) “Services” means labor, time, or effort furnished by a contractor.
(b)(1)(A) In the purchase of commodities or services by competitive bidding, a municipality may grant by ordinance a percentage preference to the lowest qualified bid from a firm resident in the municipality.
(B) The ordinance may provide a preference of up to five percent (5%) for a bidder that qualifies as a firm resident in the municipality.
(C) The ordinance may place a specific dollar cap on the total monetary amount of preference granted, regardless of the bid amount or percentage of preference designated in the ordinance.
(D)(i) In calculating the preference to be allowed, the appropriate procurement officials shall take the total amount of each bid of each firm resident in the municipality who claimed the preference and deduct the percentage mandated by ordinance, if applicable, from the total amount of each bid.
(ii) If after making the deduction the bid of any firm resident in the municipality claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the firm resident in the municipality that submitted the lowest qualified bid, whether or not that particular firm resident in the municipality claimed the preference.
(2)(A) The preference provided for in this section only applies in comparing bids when one (1) or more bids are by a firm resident in the municipality and the other bid or bids are by a nonresident firm.
(B) The preference provided for in this section does not apply to competing bids if each bidder is a firm resident in the municipality.
(C)(i) If any provision or condition of this section or the municipal ordinance conflicts with any provision of federal or state law or any rule or regulation made under federal or state law pertaining to federal grants-in-aid programs or other federal or state aid programs, the provision or condition shall not apply to the state-supported or federal-supported contracts for the purchase of commodities or services to the extent that the conflict exists.
(ii) However, all provisions or conditions of this section with which there is no conflict apply to contracts to purchase commodities or services to be paid, in whole or in part, from federal funds.
(c) The provisions of this section, if adopted by local ordinance, shall apply to public works projects, capital improvements, commodities, materials, equipment, and services procured by the municipality.
(d) When circumstances arise to which this section and § 19-11-259 apply, both the preference provided under this section and the preference provided under § 19-11-259 also apply.
(e) To the extent that federal purchasing laws or bidding preferences conflict, this section does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-259. Preferences among bidders — Definitions.
(a)Definitions.
(1) The definitions in this subsection shall not be applicable to other sections of this subchapter.
(2) As used in this section:
(A) “Commodities” means materials and equipment used in the construction of public works projects;
(B) “Firm resident in Arkansas” means any individual, partnership, association, or corporation, whether domestic or foreign, that:
(i) Maintains at least one (1) staffed office in this state;
(ii) For not fewer than two (2) successive years immediately prior to submitting a bid, has paid taxes under the Division of Workforce Services Law, § 11-10-101 et seq., unless exempt, and either the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., on any property used or intended to be used for or in connection with the firm's business; and
(iii) Within the two-year period, has paid any taxes to one (1) or more counties, school districts, or municipalities of the State of Arkansas on either real or personal property used or intended to be used or in connection with the firm's business;
(C) “Lowest qualified bid” means the lowest bid which conforms to the specifications and request for bids;
(D) “Nonresident firm” means a firm which is not included in the definition of a “firm resident in Arkansas”; and
(E) “Public agency” means all counties, municipalities, and political subdivisions of the state.
(b)(1)(A) In the purchase of commodities by competitive bidding, all public agencies shall accept the lowest qualified bid from a firm resident in Arkansas.
(B) This bid shall be accepted only if the bid does not exceed the lowest qualified bid from a nonresident firm by more than five percent (5%
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-259
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 19-11-259. This identifies an authority to review, not proof of applicability.