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21-1-403. Restrictions on lease agreements, contracts, and grants.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-403. Restrictions on lease agreements, contracts, and grants.
(a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless:
(1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative:
(A) Determination of specifications for the bid or request for proposal;
(B) Evaluation or consideration of the bid or request for proposal; or
(C) Decision to accept the bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer:
(1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, receives prior approval from:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(c)(1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 — 19-11-1011.
(2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 — 19-11-1011 must receive prior review of the Joint Budget Committee du
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-403
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:21-1-403
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3ce3292d4de4a1c0ad6d2b1ec0114541fc616353551a84bc5a2a0ba1948d2333
Source location: content.xml paragraph 366
Stored source content
21-1-403. Restrictions on lease agreements, contracts, and grants.
(a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless:
(1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative:
(A) Determination of specifications for the bid or request for proposal;
(B) Evaluation or consideration of the bid or request for proposal; or
(C) Decision to accept the bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer:
(1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or
(2) If competitive bidding or a request for proposal was not required by law, receives prior approval from:
(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(B) The Governor.
(c)(1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 — 19-11-1011.
(2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 — 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.
(d) The restrictions of subsections (a) and (b) of this section also apply to spouses of constitutional officers and to any corporation, limited liability company, partnership, or any other legal entity of which a constitutional officer or the constitutional officer's spouse has an ownership interest of at least ten percent (10%).
(e) If a constitutional officer, a constitutional officer's spouse, or an entity listed in subsection (d) of this section becomes the recipient of a grant, contract, or lease through competitive bidding or a request for proposal, the awarding state agency shall give written notice of the selection of the constitutional officer, constitutional officer's spouse, or entity to:
(1) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and
(2) The Governor.
(f) Grants, contracts, and leases entered into prior to the person's becoming a constitutional officer are not subject to the provisions of this section, but renewals and extensions of those grants, contracts, and leases are subject to the provisions of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1001. Definitions.
As used in this subchapter:
(1) “Consultant services contract” means a contract between a state agency and an individual or organization in which:
(A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary;
(B) The contractor is an independent contractor with respect to the state agency;
(C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and
(D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided;
(2) “Contractor” means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law;
(3)(A) “Design professional contract” means a contract that is primarily for:
(i) Minor projects that are time-critical; and
(ii) Minor remodeling projects that do not exceed one million dollars ($1,000,000) in cost.
(B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq.
(C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures.
(D)(i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1001
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 19-11-1001. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1011. Review requirement.
(a)(1) Every contract for professional consultant services covered by this subchapter that is executed using the professional and consultant service contract form approved by the State Procurement Director shall be filed with the Office of State Procurement.
(2) The execution date of all contracts shall be defined as the date upon which performance of the services to be rendered under the contract is to begin and not the date upon which the agreement was made.
(b)(1) No purchase order shall be paid if a copy of the contract under which the payment is being made has not previously been filed with the Office of State Procurement.
(2) No payment shall be made covering services rendered prior to the execution date of the contract.
(c)(1) It is the intent of the General Assembly that this section be strictly construed and enforced.
(2) However, in the unusual event that an obligation has been incurred by a state agency under any contractual agreement or proposed contract prior to the approval of the contract, the Chief Fiscal Officer of the State may approve payment for such services after having first received the review of the Legislative Council.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1011
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 19-11-1011. This identifies an authority to review, not proof of applicability.