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19-11-240. Reporting of suspected collusion — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-240. Reporting of suspected collusion — Definition.
(a) As used in this section, “collusion” means cooperation in the restraint of free and open competition in a public procurement, including without limitation:
(1) Price fixing;
(2) Bid rigging;
(3) Customer or market allocation;
(4) Misrepresenting the independence of the relationship between colluding parties; and
(5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation:
(A) Offering bribes or kickbacks;
(B) Extortion; and
(C) Fraudulent misrepresentation.
(b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.
(c)(1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.
(2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.
(d) Collusion is cause for:
(1) Debarment from consideration for award of a contract under § 19-11-245; and
(2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-240
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:19-11-240
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e2a3add7719762c22f430822270e84892877669f745f525bc31873d8d3c46fe6
Source location: content.xml paragraph 16043
Stored source content
19-11-240. Reporting of suspected collusion — Definition.
(a) As used in this section, “collusion” means cooperation in the restraint of free and open competition in a public procurement, including without limitation:
(1) Price fixing;
(2) Bid rigging;
(3) Customer or market allocation;
(4) Misrepresenting the independence of the relationship between colluding parties; and
(5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation:
(A) Offering bribes or kickbacks;
(B) Extortion; and
(C) Fraudulent misrepresentation.
(b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.
(c)(1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.
(2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.
(d) Collusion is cause for:
(1) Debarment from consideration for award of a contract under § 19-11-245; and
(2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-245. Debarment or suspension.
(a) Applicability. This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment.
(b)(1)(A)(i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state.
(ii) The debarment shall not be for a period of more than three (3) years.
(B)(i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment.
(ii) The suspension shall not be for a period exceeding three (3) months.
(2) The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director.
(c) The causes for debarment or suspension because of unsuitability for award of a contract shall be set forth in rules promulgated by the director.
(d) The director or the head of a procurement agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.
(e) Notice of Decision. A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the debarred or suspended person and any other party intervening.
(f) Finality of Decision. A decision under subsection (d) of this section shall be final and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-245
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 19-11-245. This identifies an authority to review, not proof of applicability.