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19-11-245. Debarment or suspension.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:19-11-245
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aed46bacdf3768d4398ba4f0aecba6c5d1655801343423f98c36491ef23dcdd4
Source location: content.xml paragraph 16140
Stored source content
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 conclusive.
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