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19-11-279. Requests for information — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-279. Requests for information — Definition.
(a) As used in this section, “request for information” means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under § 19-11-229 or a competitive sealed proposal procurement under § 19-11-230.
(b) The State Procurement Director, a head of a procurement agency, or a designee of the director or of a head of a procurement agency, may issue or authorize another person to issue a request for information.
(c) A request for information under this section shall be published in the same manner and location as an invitation for bids, a request for proposals, or a request for qualifications.
(d) A contract shall not be awarded directly from a request for information.
(e) Information provided in response to a request for information under this section is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(1) The bids for a competitive sealed bidding procurement are opened publicly;
(2) The notice of anticipation to award is given for a competitive sealed proposal procurement; or
(3) A decision is made not to pursue a procurement based on the request for information.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-279
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:19-11-279
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3bb26884962d7c77e834e205e82bad3647410b8293666e7c4b527cce3eb8537e
Source location: content.xml paragraph 16592
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19-11-279. Requests for information — Definition.
(a) As used in this section, “request for information” means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under § 19-11-229 or a competitive sealed proposal procurement under § 19-11-230.
(b) The State Procurement Director, a head of a procurement agency, or a designee of the director or of a head of a procurement agency, may issue or authorize another person to issue a request for information.
(c) A request for information under this section shall be published in the same manner and location as an invitation for bids, a request for proposals, or a request for qualifications.
(d) A contract shall not be awarded directly from a request for information.
(e) Information provided in response to a request for information under this section is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., until:
(1) The bids for a competitive sealed bidding procurement are opened publicly;
(2) The notice of anticipation to award is given for a competitive sealed proposal procurement; or
(3) A decision is made not to pursue a procurement based on the request for information.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-229. Competitive sealed bidding — Definition.
(a) Definition. “Competitive sealed bidding” means a method of procurement which requires:
(1) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;
(2) Public, contemporaneous opening of bids at a predesignated time and place;
(3) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-11-204 and 19-11-228 — 19-11-240;
(4) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and
(5) Public notice.
(b)(1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous.
(2) The director may provide by rule that it is not practicable to procure specified types of commodities, technical and general services, or professional and consultant services by competitive sealed bidding.
(3) Factors to be considered in determining whether competitive sealed bidding is not practicable shall include whether:
(A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and
(B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.
(c) When it is considered impractical to initially prepare a purchase description to support an award base
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-229
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 19-11-229. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-230. Competitive sealed proposals — Definition.
(a) Definition. “Competitive sealed proposals” means a method of procurement which involves, but is not limited to:
(1) Solicitation of proposals through a request for proposals;
(2) Submission of cost or pricing data from the offeror where required;
(3) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and
(4) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals.
(b) When the use of competitive sealed bidding is not practicable and advantageous, a contract may be awarded by competitive sealed proposals.
(c) Public notice of the request for proposals shall be given in the same manner as provided in § 19-11-229(d), which refers to public notice of competitive sealed bidding.
(d)(1) The request for proposals shall indicate the relative importance of price and other evaluation factors.
(2)(A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals.
(B)(i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state.
(ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-230
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 19-11-230. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information Act of 1967”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101
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 25-19-101. This identifies an authority to review, not proof of applicability.