Browse Arkansas Code titles and sections
19-11-248. Finality of administrative determinations.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-248. Finality of administrative determinations.
In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the extent provided in:
(1) Section 19-11-239, which refers to finality of determinations;
(2) Section 19-11-244(e), which refers to resolution of protested solicitations and awards, finality of decision;
(3) Section 19-11-245(f), which refers to debarment or suspension, finality of decision; and
(4) Section 19-11-246(e), which refers to resolution of contract and breach of contract controversies, finality of decision.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-248
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:19-11-248
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b9cdbaae51b6a2138b54ed7a860bdb8d7dd1a478b10dca6c2383bc9ce268ca1
Source location: content.xml paragraph 16198
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19-11-248. Finality of administrative determinations.
In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the extent provided in:
(1) Section 19-11-239, which refers to finality of determinations;
(2) Section 19-11-244(e), which refers to resolution of protested solicitations and awards, finality of decision;
(3) Section 19-11-245(f), which refers to debarment or suspension, finality of decision; and
(4) Section 19-11-246(e), which refers to resolution of contract and breach of contract controversies, finality of decision.
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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. The source passage cites 19-11-239. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-244. Resolution of protested solicitations and awards.
(a)(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency.
(2) Any actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the:
(A) Director; or
(B) Head of a procurement agency.
(3) The protest shall be submitted in writing within fourteen (14) calendar days after the award or notice of anticipation to award has been posted.
(4) A protest submitted by an aggrieved person under this section shall:
(A) Be limited to one (1) or more of the following grounds:
(i) The award of the contract exceeded the authority of the director or the procurement agency;
(ii) The procurement process violated a constitutional, statutory, or regulatory provision;
(iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award;
(iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or
(v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and
(B) State facts that substantiate each ground on which the protest is based.
(b)(1)(A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or awar
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-244
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 19-11-244. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-246. Resolution of contract and breach of contract controversies.
(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission.
(b)(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section.
(2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director.
(c)(1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.
(2) The decision shall state the reasons for the action taken.
(d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.
(e) The decision under subsection (c) of this section shall be final and conclusive.
(f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or withi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-246
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 19-11-246. This identifies an authority to review, not proof of applicability.