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19-11-239. Finality of determinations.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-239. Finality of determinations.
The determinations required by:
(1) Section 19-11-229(h), which refers to competitive sealed bidding, award;
(2) Section 19-11-230(b), which refers to competitive sealed proposals, conditions for use;
(3) Section 19-11-230(g), which refers to competitive sealed proposals, award;
(4) Section 19-11-232, which refers to proprietary or sole source procurements;
(5) Section 19-11-233, which refers to emergency procurements;
(6) Section 19-11-234, which refers to competitive bidding;
(7) Section 19-11-235, which refers to responsibility of bidders and offerors, determination of responsibility;
(8) Section 19-11-238(b), which refers to multiyear contracts, determination prior to use; and
(9) Section 19-11-263, which refers to special procurements,
are final and conclusive, unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-239
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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Record provenance
Stable record: arkansas_code:legal_authorities:19-11-239
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 39e915c9974285683906298326e8fc9b0ea2c369a7553c9cb9f1166f70403e28
Source location: content.xml paragraph 16025
Stored source content
19-11-239. Finality of determinations.
The determinations required by:
(1) Section 19-11-229(h), which refers to competitive sealed bidding, award;
(2) Section 19-11-230(b), which refers to competitive sealed proposals, conditions for use;
(3) Section 19-11-230(g), which refers to competitive sealed proposals, award;
(4) Section 19-11-232, which refers to proprietary or sole source procurements;
(5) Section 19-11-233, which refers to emergency procurements;
(6) Section 19-11-234, which refers to competitive bidding;
(7) Section 19-11-235, which refers to responsibility of bidders and offerors, determination of responsibility;
(8) Section 19-11-238(b), which refers to multiyear contracts, determination prior to use; and
(9) Section 19-11-263, which refers to special procurements,
are final and conclusive, unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-229. Competitive sealed bidding — Definition.
(a) Definition. “Competitive sealed bidding” means a method of procurement which requires:
(1) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;
(2) Public, contemporaneous opening of bids at a predesignated time and place;
(3) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-11-204 and 19-11-228 — 19-11-240;
(4) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and
(5) Public notice.
(b)(1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous.
(2) The director may provide by rule that it is not practicable to procure specified types of commodities, technical and general services, or professional and consultant services by competitive sealed bidding.
(3) Factors to be considered in determining whether competitive sealed bidding is not practicable shall include whether:
(A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and
(B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.
(c) When it is considered impractical to initially prepare a purchase description to support an award base
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-229
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 19-11-229. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-230. Competitive sealed proposals — Definition.
(a) Definition. “Competitive sealed proposals” means a method of procurement which involves, but is not limited to:
(1) Solicitation of proposals through a request for proposals;
(2) Submission of cost or pricing data from the offeror where required;
(3) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and
(4) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals.
(b) When the use of competitive sealed bidding is not practicable and advantageous, a contract may be awarded by competitive sealed proposals.
(c) Public notice of the request for proposals shall be given in the same manner as provided in § 19-11-229(d), which refers to public notice of competitive sealed bidding.
(d)(1) The request for proposals shall indicate the relative importance of price and other evaluation factors.
(2)(A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals.
(B)(i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state.
(ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-230
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 19-11-230. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-232. Proprietary or sole source procurements.
(a) Under rules promulgated under this subchapter, a contract may be awarded for a required or designated commodity or service to a sole or mandatory supplier when the State Procurement Director, the head of a procurement agency, or a designee of either officer above the level of agency procurement official determines in writing that it is not practicable to use other than the required or designated commodity or service.
(b) Unless a written determination is made that there is only one (1) source for the required or designated commodity or service, efforts shall be made to obtain price competition.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-232
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 19-11-232. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-233. Emergency procurements — Definition.
(a) The State Procurement Director, the head of a procurement agency, or a designee of either officer may make or authorize others to make emergency procurements as defined in § 19-11-204(4) and in accordance with rules promulgated by the director.
(b)(1) A person or state agency that makes an emergency procurement under this section shall:
(A) Receive at least three (3) competitive bids unless the emergency is a critical emergency; and
(B) Complete a quotation abstract that includes the:
(i) Names of the firms contacted;
(ii) Time that each firm was contacted;
(iii) Quoted price obtained from each contacted firm; and
(iv) Method used for contacting each firm.
(2) As used in this subsection, “critical emergency” means an emergency in which human life or health is imminently endangered.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-233
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 19-11-233. This identifies an authority to review, not proof of applicability.