Browse Arkansas Code titles and sections
19-11-901. Purchase required — Exception.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-901. Purchase required — Exception.
(a) All suitable commodities and services, including small purchases, hereafter procured in accordance with applicable state specifications by or for any state department, institution, or agency shall be procured from nonprofit work centers for individuals with disabilities in all cases when such commodities are available within the period specified and at the fair market price for the article or articles so procured.
(b) Services offered by work centers shall be procured by competitive sealed bidding as specified by § 19-11-229, competitive sealed proposals as specified by § 19-11-230, or competitive bidding as specified by § 19-11-234, subject to purchase exceptions set forth in § 19-11-902.
(c) This section shall not apply in any cases in which products and services are available for procurement from any state department, institution, or agency, and procurement therefrom is required under the provisions of any law in effect on or after March 1, 1991.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-901
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:19-11-901
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ae5a841c0a26ccfffd8f94396609058580bdf0367d1f6fb040515f1c1fd5131d
Source location: content.xml paragraph 17258
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19-11-901. Purchase required — Exception.
(a) All suitable commodities and services, including small purchases, hereafter procured in accordance with applicable state specifications by or for any state department, institution, or agency shall be procured from nonprofit work centers for individuals with disabilities in all cases when such commodities are available within the period specified and at the fair market price for the article or articles so procured.
(b) Services offered by work centers shall be procured by competitive sealed bidding as specified by § 19-11-229, competitive sealed proposals as specified by § 19-11-230, or competitive bidding as specified by § 19-11-234, subject to purchase exceptions set forth in § 19-11-902.
(c) This section shall not apply in any cases in which products and services are available for procurement from any state department, institution, or agency, and procurement therefrom is required under the provisions of any law in effect on or after March 1, 1991.
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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
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-902. Rules — Definitions.
(a) The Office of State Procurement shall be responsible for developing rules governing implementation of this subchapter.
(b) As used in this subchapter:
(1) “Commodities” means all property, including without limitation equipment, printing, stationery, supplies, and insurance, but excluding real property, leases on real property, or a permanent interest in real property;
(2) “Fiscal year” means July 1 of one (1) year through June 30 of the next year;
(3) “Individuals with disabilities” means those persons who have a medically or psychiatrically determined physical, mental, or developmental disability constituting a substantial vocational handicap;
(4) “Ordering office” means any state department, independent establishment, board, commission, bureau, service, or division of state government and any wholly owned state corporation;
(5) “Products”, for purposes of this subchapter, means commodities or services wherein the price of the commodities includes at least twenty percent (20%) value added when the work center is awarded a contract using the ten percent (10%) preference, and in the case of services, that they are performed by individuals with disabilities;
(6)(A) “Services” means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance.
(B) “Services” shall not include employment agreements, collective bargaining agreements, or architectural or engineering contracts requiring approval of the Building Authority Division;
(7) “Sheltered workshop” means a work center which has:
(A) Certification from the United States Department of Labor as a sheltered workshop; and
(B) Been licensed by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-902
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 19-11-902. This identifies an authority to review, not proof of applicability.