Browse Arkansas Code titles and sections
19-11-207. Applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-207. Applicability.
(a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203, under any contract. This subchapter shall not apply to either grants or contracts between the state and its political subdivisions or other governments, except as provided in §§ 19-11-206 and 19-11-249 — 19-11-258. This subchapter also shall apply to the disposal of state commodities. This subchapter shall not apply to contracts between agencies, except as provided in §§ 19-11-206 and 19-11-249 — 19-11-258.
(b) The provisions of this subchapter shall not preclude the acceptance of gifts and donations in the manner authorized by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-207
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:19-11-207
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d4c4341bedb5b379e11f11979baefc53fb2a474a20028545ae20032a23f179fc
Source location: content.xml paragraph 15425
Stored source content
19-11-207. Applicability.
(a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203, under any contract. This subchapter shall not apply to either grants or contracts between the state and its political subdivisions or other governments, except as provided in §§ 19-11-206 and 19-11-249 — 19-11-258. This subchapter also shall apply to the disposal of state commodities. This subchapter shall not apply to contracts between agencies, except as provided in §§ 19-11-206 and 19-11-249 — 19-11-258.
(b) The provisions of this subchapter shall not preclude the acceptance of gifts and donations in the manner authorized by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-203. Definitions generally.
As used in this subchapter:
(1)(A) “Agency procurement official” means any person authorized by a state agency to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this subchapter and the rules promulgated under it.
(B) “Agency procurement official” also includes an authorized representative acting within the limits of authority;
(2) “Business” means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity;
(3)(A) “Capital improvement” means all lands, buildings, structures, utilities, on-site and off-site improvements, and other appurtenant improvements, existing or future, and all construction, repairs, alterations, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency.
(B) “Capital improvement” shall not include construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission, nor shall “capital improvement” include any building, facility, plant, structure, or other improvement constructed by, or in behalf of, the Arkansas Department of Transportation or the State Highway Commission;
(4)(A) “Commodities” means all personal property, including without limitation:
(i) Goods, as defined in § 4-2-105;
(ii) Leases, as defined in § 4-2A-103; and
(iii) Insurance.
(B) “Commodities” does not include:
(i) A lease on real property or a permanent interest in real property;
(ii) Exempt commodities and services; and
(iii) Capital improvements;
(5)(A) “Contract” means all types of state agreements, regardless of what they may be called, for the purchase of co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-203
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 19-11-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-206. Definitions concerning intergovernmental relations.
As used in this subchapter:
(1) “Cooperative purchasing agreement” means an agreement entered into as the result of a procurement conducted by, or on behalf of, more than one (1) public procurement unit or by a public procurement unit with an external procurement activity;
(2)(A) “External procurement activity” means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit.
(B) An agency of the federal government is an external procurement activity;
(3) “Local public procurement unit” means:
(A) Any county, city, town, state agency, and any other subdivision of the state or public agency thereof;
(B) Any fire protection district;
(C) Any regional water distribution district;
(D) Any rural development authority;
(E) Any public authority;
(F) Any public educational, health, or other institution;
(G) Any nonprofit corporation during the time that it contracts with the Department of Human Services to provide services to individuals with developmental disabilities or for transportation services, so long as the contract exceeds seventy-five thousand dollars ($75,000) per year;
(H) Any nonprofit corporation providing fire protection services to a rural area or providing drinking water to the public in a rural area; and
(I) To the extent not prohibited by law, any other entity that expends public funds for the acquisition or leasing of commodities and services;
(4) “Public procurement unit” means either a local public procurement unit or a state public procurement unit; and
(5) “State public procurement unit” means the Office of State Procurement and any other procurement agency of this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-206
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 19-11-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-249. Cooperative purchasing.
(a)(1) A public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of commodities or services in accordance with an agreement entered into between the participants.
(2)(A) A cooperative purchasing agreement is limited to commodities and services for which the public procurement unit may realize savings or material economic value, or both.
(B)(i) For cooperative purchasing agreements entered into by a state agency, the State Procurement Director shall consider the economic justification for using a cooperative purchasing agreement when granting or withholding approval for the cooperative purchasing agreement.
(ii) The director shall adopt rules to create a review policy outlining how the economic justification required under this section may be demonstrated, including without limitation a comparison of:
(a) Current state contract pricing and the pricing under a cooperative purchasing agreement; or
(b) Information obtained from a request for information and pricing under a cooperative purchasing agreement.
(C) The director and the Secretary of the Department of Finance and Administration shall submit any request for the Office of State Procurement or the Department of Finance and Administration, respectively, to participate in a cooperative purchasing agreement to the Governor for approval.
(b)(1)(A) The director shall present an annual report of all purchases made under cooperative purchasing agreements by a state agency without an agency procurement official under this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee.
(B) A state agency that has an agency procurement official shall presen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-249
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 19-11-249. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-258. Contract controversies.
Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 — 19-11-248, which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 — 19-11-248.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-258
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 19-11-258. This identifies an authority to review, not proof of applicability.