§ 25-4-111. Information technology — Prerequisites

(a) Unless the agency first receives approval for a plan or an updated plan as provided for under § 25-4-110, a state agency shall not:

1. (1) Acquire by purchase or lease any new or additional information technology; or

2. (2) Enter into any contract for information technology.

(b) If an agency desires to acquire information technology not part of an information technology plan approved under § 25-4-110, the requesting agency shall submit a waiver request to the Director of the Division of Information Systems that includes:

1. (1) Identification of necessary additional services or improvements in information technology;

2. (2) Relationship of the information technology improvements or additions to the overall goals of the agency;

3. (3) Resources needed to provide the additional services or improvements; and

4. (4) Measurement and evaluation criteria.

(c)

1. (1) Upon evaluation of the waiver request, the director shall notify the agency in writing of his or her approval or rejection of the request and his or her reasons.

2. (2) The director shall make his or her evaluation in a timely manner. If the director requires more than thirty (30) days to complete the evaluation, he or she shall report in writing to the Governor and the Secretary of the Department of Transformation and Shared Services his or her reasons for the delay in completion.

3. (3) If the director rejects a request for a waiver, a state agency shall not make any expenditure of public funds for the acquisition or expansion of information technology equipment or services.

4. (4) If the director determines that the agency needs additional information technology resources, he or she may:

   1. (A) Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture;

   2. (B) Authorize acquisition of a modified information technology configuration;

   3. (C) Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or

   4. (D) Recommend that the information technology be provided through the facilities of some other designated state agency.

(d) All state agencies shall comply with the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and applicable provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., in the acquisition, purchase, contracting for the purchase of, and leasing of information technology.