Browse Arkansas Code titles and sections
19-11-258. Contract controversies.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-258. Contract controversies.
Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 — 19-11-248, which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 — 19-11-248.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-258
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:19-11-258
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4d650a2b325332a903591a5ddc79fc2215cb69e9ed44af0f9338e98f4501dabb
Source location: content.xml paragraph 16307
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19-11-258. Contract controversies.
Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 — 19-11-248, which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 — 19-11-248.
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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
19-11-248. 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. The source passage cites 19-11-248. This identifies an authority to review, not proof of applicability.