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19-11-1001. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1001. Definitions.
As used in this subchapter:
(1) “Consultant services contract” means a contract between a state agency and an individual or organization in which:
(A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary;
(B) The contractor is an independent contractor with respect to the state agency;
(C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and
(D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided;
(2) “Contractor” means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law;
(3)(A) “Design professional contract” means a contract that is primarily for:
(i) Minor projects that are time-critical; and
(ii) Minor remodeling projects that do not exceed one million dollars ($1,000,000) in cost.
(B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq.
(C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures.
(D)(i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1001
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:19-11-1001
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d8d0acb7668d141778bdf6cecbcd4920113318a7d91bd51465a25e5d181fa380
Source location: content.xml paragraph 17341
Stored source content
19-11-1001. Definitions.
As used in this subchapter:
(1) “Consultant services contract” means a contract between a state agency and an individual or organization in which:
(A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary;
(B) The contractor is an independent contractor with respect to the state agency;
(C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and
(D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided;
(2) “Contractor” means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law;
(3)(A) “Design professional contract” means a contract that is primarily for:
(i) Minor projects that are time-critical; and
(ii) Minor remodeling projects that do not exceed one million dollars ($1,000,000) in cost.
(B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq.
(C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures.
(D)(i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts.
(ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the:
(a) Dollar amount under subdivision (3)(A)(ii) of this section; or
(b) Specified period under § 19-11-238(a).
(E) Institutions of higher education that are exempt from review and approval of the division shall comply with the provisions of this section;
(4) “Director” means the State Procurement Director;
(5) “Employee” means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing professional services for any state agency;
(6) “Professional services contract” means a contract between a state agency and a contractor in which:
(A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee;
(B) The services to be rendered consist of the personal services of an individual that are professional in nature;
(C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services;
(D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and
(E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; and
(7) “State agency” means any department, agency, board, commission, or institution of higher education of the State of Arkansas.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 seven (7) years if funds for the first fiscal year of the contemplated contract are available at the time of contracting. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.
(b) Determination Prior to Use. Prior to the utilization of a multi-year contract, it shall be determined in writing that:
(1) Estimated requirements cover the period of the contract and are reasonably firm and continuing;
(2) Such a contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement; and
(3) In the event of termination for any reason, the contract provides for cessation of services and/or surrender by the state of the commodities and repayment to the state of any accrued equity.
(c)Termination Due to Unavailability of Funds in Succeeding Years.
(1) Original terms of such multiyear contracts shall not exceed four (4) years.
(2) When funds are not appropriated or otherwise made available to support continuation of performance in a multiyear contract, the contract shall be terminated and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the commodities or services delivered under the contract.
(3) The cost of termination under subdivision (c)(2) of this section may be paid from:
(A) Appropriations currently available for performance of the contract;
(B) Appropriations currently available for procurement of similar commodities or services and not otherwise
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-238
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 19-11-238. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-801. Policy — Definitions.
(a) It is the policy of the State of Arkansas that state agencies shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, architectural, engineering, construction management, and land surveying professional consultant services if:
(1) State agencies not exempt from review and approval of the Building Authority Division shall follow procedures established by the division for the procurement of architectural, engineering, land surveying, and construction management services; and
(2) Institutions of higher education exempt from review and approval of the division shall follow procedures established by their governing boards for the procurement of architectural, engineering, land surveying, and construction management professional consultant services.
(b) It is the policy of the State of Arkansas and its political subdivisions that political subdivisions shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consultant services.
(c) For purposes of this subchapter, a political subdivision of the state may elect to not use competitive bidding for other professional services not listed in subsection (b) of this section with a two-thirds (2/3) vote of the political subdivision's governing body.
(d)(1) As used in this section, “construction management” means a project delivery method based on an agreement in which a state agency, political subdivision, public school district, or institution of higher education acquires from a construction entity a series of services that include,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-801
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 19-11-801. This identifies an authority to review, not proof of applicability.