Browse Arkansas Code titles and sections
19-11-306. Underbid by nonresident industry or penal institution.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-306. Underbid by nonresident industry or penal institution.
Subject to any applicable bonding requirements, in the event that a private Arkansas bidder is underbid by more than five percent (5%), as provided in § 19-11-259, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15%) by an out-of-state correctional institution, the state contract shall be awarded to the lowest responsible bidder, whether that bidder is a penal or correctional institution or is a representative of private industry.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-306
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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Record provenance
Stable record: arkansas_code:legal_authorities:19-11-306
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 846e00350119ecaf78fe7f14d4b4447a7f0756dabd706b096e22ae7c65079c44
Source location: content.xml paragraph 16687
Stored source content
19-11-306. Underbid by nonresident industry or penal institution.
Subject to any applicable bonding requirements, in the event that a private Arkansas bidder is underbid by more than five percent (5%), as provided in § 19-11-259, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15%) by an out-of-state correctional institution, the state contract shall be awarded to the lowest responsible bidder, whether that bidder is a penal or correctional institution or is a representative of private industry.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-259. Preferences among bidders — Definitions.
(a)Definitions.
(1) The definitions in this subsection shall not be applicable to other sections of this subchapter.
(2) As used in this section:
(A) “Commodities” means materials and equipment used in the construction of public works projects;
(B) “Firm resident in Arkansas” means any individual, partnership, association, or corporation, whether domestic or foreign, that:
(i) Maintains at least one (1) staffed office in this state;
(ii) For not fewer than two (2) successive years immediately prior to submitting a bid, has paid taxes under the Division of Workforce Services Law, § 11-10-101 et seq., unless exempt, and either the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., on any property used or intended to be used for or in connection with the firm's business; and
(iii) Within the two-year period, has paid any taxes to one (1) or more counties, school districts, or municipalities of the State of Arkansas on either real or personal property used or intended to be used or in connection with the firm's business;
(C) “Lowest qualified bid” means the lowest bid which conforms to the specifications and request for bids;
(D) “Nonresident firm” means a firm which is not included in the definition of a “firm resident in Arkansas”; and
(E) “Public agency” means all counties, municipalities, and political subdivisions of the state.
(b)(1)(A) In the purchase of commodities by competitive bidding, all public agencies shall accept the lowest qualified bid from a firm resident in Arkansas.
(B) This bid shall be accepted only if the bid does not exceed the lowest qualified bid from a nonresident firm by more than five percent (5%
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-259
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 19-11-259. This identifies an authority to review, not proof of applicability.