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19-11-251. Intergovernmental use of commodities or services.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-251. Intergovernmental use of commodities or services.
Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon between the parties and in accordance with the rules promulgated under this subchapter, independent of the requirements of:
(1) Sections 19-11-204, 19-11-228 — 19-11-240, and 19-11-263 that refer to source selection and contract formation; and
(2) Sections 19-11-205, 19-11-242, and 19-11-243 that refer to commodity management.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-251
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:19-11-251
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fd38bff0f5dec6a12642b21ea4665325b300f6cd70d4bcb6e4377f759879c194
Source location: content.xml paragraph 16246
Stored source content
19-11-251. Intergovernmental use of commodities or services.
Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon between the parties and in accordance with the rules promulgated under this subchapter, independent of the requirements of:
(1) Sections 19-11-204, 19-11-228 — 19-11-240, and 19-11-263 that refer to source selection and contract formation; and
(2) Sections 19-11-205, 19-11-242, and 19-11-243 that refer to commodity management.
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Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-204. Definitions concerning source selection and contract formation.
As used in this subchapter:
(1) “Competitive bidding” means the same as defined in § 19-11-234(a);
(2) “Competitive sealed bidding” means the same as defined in § 19-11-229(a);
(3) “Competitive sealed proposals” means the same as defined in § 19-11-230(a);
(4) “Emergency procurement” means the acquisition of commodities or services, which if not immediately initiated, will endanger human life or health, state property, or the functional capability of a state agency;
(5) “Established catalogue price” means the price included in a catalogue, price list, schedule, or other form that:
(A) Is regularly maintained by a manufacturer or contractor;
(B) Is either published or otherwise available for inspection by customers; and
(C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the commodities or services involved;
(6) “Invitation for bids” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in § 19-11-229, which refers to competitive sealed bidding;
(7) “Multiple award contracts” means a method of procurement whereby an indefinite quantity contract is awarded to more than one (1) supplier for furnishing a like item or category of items;
(8) “Purchase description” means specifications or any other document or electronic media describing the commodities or services to be procured;
(9) “Request for proposals” means all documents or electronic media, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in § 19-11-230
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-204
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 19-11-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-228. Methods of source selection.
Unless otherwise authorized by law, all contracts shall be awarded by competitive sealed bidding, pursuant to § 19-11-229, which refers to competitive sealed bidding, except as provided in:
(1) Section 19-11-230, which refers to competitive sealed proposals;
(2) Section 19-11-231, which refers to small procurements;
(3) Section 19-11-232, which refers to proprietary or sole source procurements;
(4) Section 19-11-233, which refers to emergency procurements;
(5) Section 19-11-234, which refers to competitive bidding;
(6) Section 19-11-262, which refers to multiple award contracts; or
(7) Section 19-11-263, which refers to special procurements.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-228
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 19-11-228. This identifies an authority to review, not proof of applicability.
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. The source passage cites 19-11-240. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-263. Special procurements.
(a) Notwithstanding any other provision of this subchapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above the competitive bid amount specified in § 19-11-234, when the officer determines that an unusual or unique situation exists that makes the application of all requirements of competitive bidding, competitive sealed bidding, or competitive sealed proposals contrary to the public interest.
(b) A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the director or the head of a procurement agency in the contract file, and he or she shall file a monthly report with the Legislative Council describing all such determinations.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-263
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 19-11-263. This identifies an authority to review, not proof of applicability.