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22-9-201. Applicability of §§ 22-9-202 — 22-9-204.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-201. Applicability of §§ 22-9-202 — 22-9-204.
(a) The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207.
(b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
(c)(1)(A) The notice and bid security provisions of §§ 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
(2)(A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contrac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-201
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:22-9-201
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 502b1ce28f8d34ad68db3135387fb3b60f0447b79b821aaee67b9675b763a336
Source location: content.xml paragraph 6563
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22-9-201. Applicability of §§ 22-9-202 — 22-9-204.
(a) The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207.
(b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
(c)(1)(A) The notice and bid security provisions of §§ 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
(2)(A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.
(3) “Emergency contracting procedures” means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division.
(4) Emergency contracting procedures may include sole sourcing or competitive quote bids.
(5) The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division.
(d) To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-202. Construction of this section and §§ 22-9-203 and 22-9-204.
(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract.
(b)(1) This section and §§ 22-9-203 and 22-9-204 do not:
(A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or
(B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees.
(2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring:
(A) Commodities in accordance with § 14-22-101 et seq.;
(B) Professional services in accordance with § 19-11-801 et seq.; or
(C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of thirty-five thousand dollars ($35,000).
(c) This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than thirty-five thousand dollars ($35,000).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-202
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 22-9-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-204. Subcontractors exceeding $50,000 — Penalty.
(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in:
(1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration;
(2) Plumbing;
(3) Electrical; and
(4) Roofing.
(b)(1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed.
(2)(A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work.
(B) However, a subcontractor is prohibited from subcontracting the work in its entirety.
(c)(1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid.
(2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.
(d) The prime contractor shall submit written evidence that the substituted contractor is costing the sa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-204
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 22-9-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-206. New construction generally — Definitions.
(a) It shall be the duty of the State Highway Commission to construct the roads in the state highway system which are not now constructed and that the work of construction be pushed as rapidly as funds are available for that purpose.
(b) The commission shall begin the work of construction in those counties in which the roads embraced in the state highway system have not been constructed by improvement districts, or in which only a small portion of roads have been so constructed. The commission shall continue construction work in such counties until the completed roads in each county in the state have been brought to a parity, after which construction work shall be distributed throughout the counties so as to maintain the parity as far as practical.
(c) All new construction work shall be done by contract, and all contracts for the work shall be let to the lowest responsible bidder.
(d) The commission shall have the right to reject any or all bids.
(e) No contract in excess of ten thousand dollars ($10,000) shall be let without advertising for bids. However, the commission may enter into agreements in excess of ten thousand dollars ($10,000) on a noncompetitive basis in a manner that it deems fit with railway companies for the installation of flashing light signals or other types of railroad highway grade crossing protective devices and work necessary to be performed by the railroads in conjunction with the construction of grade elimination structures on force account or day labor basis when the work incurred is financed with federal funds in whole or in part.
(f) Successful bidders shall be required to furnish a surety bond by a surety company to be approved by the commission, in a penal sum of at least one
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-206
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 27-67-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-207. Maintenance generally.
(a) As used in this chapter, unless the context otherwise requires, “maintenance” means the constant making of all repairs necessary to preserve a smooth surface on the roads and to keep the bridges and culverts in a safe condition and shall include drainage work, the building of bridges and culverts, and the making of cuts and fills as the commission deems necessary to accomplish these purposes.
(b) It shall be the duty of the State Highway Commission to begin as soon as practicable and continue the maintenance of all roads that are properly designated as state highways, to the end that every part of the state highways shall be properly, fairly, and equitably maintained and kept in repair.
(c) So far as practicable, maintenance and repair shall be according to what is known as the patrol system. Laborers as are deemed necessary may be employed and kept continually on the roads, with the force, equipment, and materials that are necessary to perform the work.
(d) The commission may make all necessary contracts, purchase all necessary equipment, supplies, and materials, and employ all necessary labor and is given all other necessary powers to provide for maintenance and shall pay for the same out of the State Highway and Transportation Department Fund.
(1) However, all contracts so let in excess of one thousand dollars ($1,000) made by the commission shall be let on a competitive basis to the lowest responsible bidder.
(2) The commission may reject all bids.
(3) All bids shall be sealed bids and shall be filed with the commission in open session and opened and tabulated during that session of the commission.
(4) No such contract shall be valid unless signed by at least three (3) members of the commission and attested to by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-207
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 27-67-207. This identifies an authority to review, not proof of applicability.