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22-9-105. Poor contractual performance — Additional bids prohibited.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-105. Poor contractual performance — Additional bids prohibited.
(a)(1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract.
(2)(A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director.
(B) The decision of the director regarding an appeal under this subsection is final and conclusive.
(C) The director shall adopt rules to establish the process and procedure for appeals under this subsection.
(b) As used in this section, “state agency” means the same as defined in § 22-2-102.
(c) The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-105
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:22-9-105
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5d033af3a76440893e70e4e14d4a5372b820972d1c30ec5b26d324a4bb1158b8
Source location: content.xml paragraph 6509
Stored source content
22-9-105. Poor contractual performance — Additional bids prohibited.
(a)(1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract.
(2)(A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director.
(B) The decision of the director regarding an appeal under this subsection is final and conclusive.
(C) The director shall adopt rules to establish the process and procedure for appeals under this subsection.
(b) As used in this section, “state agency” means the same as defined in § 22-2-102.
(c) The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-2-102. Definitions.
As used in this chapter:
(1)(A) “Capital improvement” means all lands, buildings, structures, utilities, on-site and off-site improvements, other appertaining improvements, existing or future, and all construction, repairs, alterations, demolitions, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency.
(B) Except that “capital improvement” shall not include construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission, nor shall the term “capital improvement” include any building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission, nor shall the term “capital improvement” include any lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system;
(2) “Minimum standards and criteria” and other like phrases mean those standards and criteria relating to construction, design, maintenance, and leasing of state agencies' capital improvements as adopted by the Building Authority Division after appropriate public hearings and notice to the public and interested persons and organizations;
(3) “State agency” means any board or commission, agency, department, institution of higher education, including colleges, universities, and vocational-technical schools, or other state institutions. However, “state agency” shall not include any county, municipality, school district, subdivision, or unit thereof of the State of Arkansas, nor shall the term “state agency” mean or include the Arkansas Department of Transportation or t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-2-102
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 22-2-102. This identifies an authority to review, not proof of applicability.