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19-11-265. Submission of contracts required — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-265. Submission of contracts required — Definition.
(a)(1) Except for critical emergency procurements and as otherwise provided in this section, a contract requiring the services of one (1) or more persons shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, if the annual contract amount is at least fifty thousand dollars ($50,000) in any one (1) contract year or if the total projected contract amount, including any amendments or possible extensions, is at least three hundred fifty thousand dollars ($350,000).
(2) The Legislative Council or the Joint Budget Committee shall provide the State Procurement Director with its review as to the propriety of the contract within thirty (30) days after receipt of the proposed contract.
(3) The contract shall not be submitted to the Legislative Council or to the Joint Budget Committee until the Office of State Procurement has reviewed the contract and provided the Legislative Council or the Joint Budget Committee with a recommendation regarding the legality of the contract.
(4)(A)(i) A contract that does not have a material change upon renewal or extension shall be included in the monthly report required under § 19-11-274 instead of being submitted to the Legislative Council or the Joint Budget Committee for review under this subsection.
(ii) As used in this subdivision (a)(4), “material change” includes without limitation:
(a) An increase in the contract amount;
(b) An increase in the total projected contract amount;
(c) A change in any of the essential terms of the contract;
(d) A change in any performance-based standards stated in the contract;
(e) The imposition of financial consequences as the result of a failure to satisfy performance
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-265
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:19-11-265
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e35aac2469208fb8ecd302351001f81192ee5515945e4a76b6be796d3bc90872
Source location: content.xml paragraph 16394
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19-11-265. Submission of contracts required — Definition.
(a)(1) Except for critical emergency procurements and as otherwise provided in this section, a contract requiring the services of one (1) or more persons shall be presented to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, if the annual contract amount is at least fifty thousand dollars ($50,000) in any one (1) contract year or if the total projected contract amount, including any amendments or possible extensions, is at least three hundred fifty thousand dollars ($350,000).
(2) The Legislative Council or the Joint Budget Committee shall provide the State Procurement Director with its review as to the propriety of the contract within thirty (30) days after receipt of the proposed contract.
(3) The contract shall not be submitted to the Legislative Council or to the Joint Budget Committee until the Office of State Procurement has reviewed the contract and provided the Legislative Council or the Joint Budget Committee with a recommendation regarding the legality of the contract.
(4)(A)(i) A contract that does not have a material change upon renewal or extension shall be included in the monthly report required under § 19-11-274 instead of being submitted to the Legislative Council or the Joint Budget Committee for review under this subsection.
(ii) As used in this subdivision (a)(4), “material change” includes without limitation:
(a) An increase in the contract amount;
(b) An increase in the total projected contract amount;
(c) A change in any of the essential terms of the contract;
(d) A change in any performance-based standards stated in the contract;
(e) The imposition of financial consequences as the result of a failure to satisfy performance-based standards under § 19-11-267 during the year preceding the renewal or extension of the contract; and
(f) The submission of a vendor performance report during the year preceding the renewal or extension of the contract.
(B) However, a state agency may elect to submit a contract for review under this subsection if the state agency is uncertain whether the contract has a material change.
(5) A contract that is submitted for review under this subsection and that has a total projected contract amount of at least three hundred fifty thousand dollars ($350,000) shall have a cover sheet that provides the following information:
(A) A description of the services being procured;
(B) A description of the procurement process followed, including without limitation the method used for the procurement; and
(C) The outcome of any protests.
(b) The Legislative Council or the Joint Budget Committee may review or exempt from review any contract or group of contracts contemplated by this section.
(c) A contract that is procured by a state agency that has a state agency procurement official or procurement authority under a delegation order is subject to the presentment requirements under this section.
(d) It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to procure services in an incremental or split purchase arrangement to avoid the presentment requirements of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-267. Development and use of performance-based contracts — Findings.
(a) The General Assembly finds that:
(1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and
(2) The practice of including benchmark objectives that the provider must attain at specific intervals during the term of the contract is an essential requirement for measuring performance.
(b)(1) A state agency, board, commission, or institution of higher education that enters into a contract under this chapter to procure services that has a contract amount of at least one million dollars ($1,000,000) in a single contract year or a total projected contract amount, including any amendments to or possible extensions of the contract, of at least seven million dollars ($7,000,000) shall use performance-based standards in the contract that are specifically tailored to the services being provided under the contract.
(2) The performance-based standards used under this subsection shall include performance measures based on objective factors.
(3) A state agency, board, commission, or institution of higher education is encouraged to use performance-based standards that are based on objective factors in any other contract in which it would serve the best interest of the state.
(c) A state agency, board, commission, or institution of higher education that enters into a contract with performance-based standards:
(1)(A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract.
(B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and
(2) May impose financial conse
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-267
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 19-11-267. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-274. Reporting requirements.
(a) The State Procurement Director shall compile a monthly report of all executed contracts for services that have a total initial contract amount or a total projected contract amount, including any amendments or possible extensions, of at least twenty-five thousand dollars ($25,000) but less than an annual contract amount of fifty thousand dollars ($50,000) in any one (1) contract year or a total projected contract amount, including any amendments or possible extensions, of three hundred fifty thousand dollars ($350,000).
(b) A contract that is procured by a state agency that has a state agency procurement official or procurement authority under a delegation order is subject to the reporting requirements under this section.
(c) The State Procurement Director shall adopt rules to:
(1) Prescribe a cover sheet for the report required under this section that sorts and identifies contracts within the report that may be candidates for review;
(2) Create instructions for completing the cover sheet prescribed under subdivision (c)(1) of this section; and
(3) Provide for the identification of any contracts included in the report that may need to be reviewed under § 19-11-265.
(d) It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to procure services in an incremental or split purchase arrangement to avoid the reporting requirements of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-274
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 19-11-274. This identifies an authority to review, not proof of applicability.