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19-11-263. Special procurements.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:19-11-263
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e1725b560590d8adf61b1d718351426f698d11b3a18e02d4d3e82563278dd8e9
Source location: content.xml paragraph 16381
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-234. Competitive bidding.
(a)(1) Competitive bidding is a method of procurement which requires obtaining bids by:
(A) Direct mail request to prospective bidders and obtaining written bids;
(B) Telephone;
(C) Telegraph;
(D) Written form; or
(E) Electronic media.
(2) A competitive bid form authorized by the State Procurement Director must be completed.
(3) If three (3) competitive bids are not obtained on purchases when bids are required, the form must show the names of at least three (3) firms contacted in attempting to obtain competition or show the reason three (3) firms were not contacted.
(4)(A) Only firms which sell the type of commodity or service to be procured shall be contacted.
(B) The purchase procedures outlined in this section shall not apply to commodities, technical and general services, and professional and consultant services under state contract.
(b)(1) Contracts in which the purchase price exceeds twenty thousand dollars ($20,000) and is less than or equal to seventy-five thousand dollars ($75,000) may be awarded by use of competitive bidding procedures.
(2) However, in any such instances, competitive sealed bidding is permitted.
(c)(1)(A) All procurements shall be awarded to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements, criteria, and specifications.
(B) Delivery time required must be reasonable and consonant with current industry norms.
(2) Complete justification must be given if award is made to other than the low bidder.
(d) Repeated small quantity procurements to circumvent the competitive bid limits or failure to obtain competitive bids without justification shall constitute a violation of these procedures and shall result in withdrawal of the state agency'
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-234
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 19-11-234. This identifies an authority to review, not proof of applicability.