§ 19-11-201. Title

This subchapter shall be referred to as the “Arkansas Procurement Law”.

§ 19-11-202. Purposes and policies

The underlying purposes and policies of this subchapter are to: (1) Simplify, clarify, and modernize the law governing procurement by this state; (2) Permit the continued development of procurement policies and practices; (3) Provide for increased public confidence in the procedures followed in public procurement; (4) Ensure the fair and equitable treatment of all persons […]

§ 19-11-203. Definitions generally

As used in this subchapter: (1) (A) “Agency procurement official” means any person authorized by a state agency to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this subchapter and the rules promulgated under it. (B) “Agency procurement official” also includes an […]

§ 19-11-204. Definitions concerning source selection and contract formation

As used in this subchapter: (1) “Competitive bidding” means the same as defined in § 19-11-234(a); (2) “Competitive sealed bidding” means the same as defined in § 19-11-229(a); (3) “Competitive sealed proposals” means the same as defined in § 19-11-230(a); (4) “Emergency procurement” means the acquisition of commodities or services, which if not immediately initiated, […]

§ 19-11-205. Definitions concerning commodity management

As used in this subchapter: (1) “Commodities” means, for purposes of this section and §§ 19-11-242 and 19-11-243, commodities owned by the state. See § 19-11-203, which refers to commodities; (2) “Excess commodities” means any commodity, other than expendable commodities, having a remaining useful life but which the using agency in possession of the commodity […]

§ 19-11-206. Definitions concerning intergovernmental relations

As used in this subchapter: (1) “Cooperative purchasing agreement” means an agreement entered into as the result of a procurement conducted by, or on behalf of, more than one (1) public procurement unit or by a public procurement unit with an external procurement activity; (2) (A) “External procurement activity” means any buying organization not located […]

§ 19-11-207. Applicability

(a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203, under any contract. This subchapter shall not apply to either grants or contracts between the state and its political subdivisions or other governments, except as provided in §§ 19-11-206 and 19-11-249 […]

§ 19-11-208. Exemptions

Commodities and services need not be procured through the Office of State Procurement, if procured by the out-of-state offices of state agencies for that out-of-state office’s use but shall, nevertheless, be procured subject to the requirements of this subchapter and the state procurement rules.

§ 19-11-209. Construction

This subchapter shall be construed and applied to promote its underlying purposes and policies.

§ 19-11-210. Operation of other laws

Unless displaced by the particular provisions of this subchapter, the principles of law and equity, including the Uniform Commercial Code, § 4-1-101 et seq., of this state, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement its provisions.

§ 19-11-211. Obligation of “good faith”

Every contract or duty within this subchapter imposes an obligation of good faith in its performance or enforcement. “Good faith” means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

§ 19-11-212. Existing contracts

The administration of contracts in existence on July 1, 1979, shall be the responsibility of the appropriate officials described in this subchapter.

§ 19-11-213. Federal assistance requirements

If federal assistance requirements or federal contract requirements conflict with this subchapter or rules promulgated under it, nothing in this subchapter or its rules shall prevent a state agency or political subdivision from complying with the terms and conditions of the federal assistance requirements or the federal contract requirements.

§ 19-11-214. Determinations and findings

Written determinations and findings required by this subchapter shall be retained in an official contract file by the Office of State Procurement or by the state agency administering the contract for a period of five (5) years.

§ 19-11-215. Office of State Procurement

(a) There is created within the Department of Transformation and Shared Services the Office of State Procurement to be administered by the State Procurement Director. (b) (1) The Office of State Procurement shall be subject to the supervision and management of the Secretary of the Department of Transformation and Shared Services. (2) The rules authorized […]

§ 19-11-216. State Procurement Director

(a) (1) The executive head of the Office of State Procurement is designated as the administrator of the Office of State Procurement, and as such, he or she shall be known and designated as the “State Procurement Director”. (2) The State Procurement Director shall be appointed by the Secretary of the Department of Transformation and […]

§ 19-11-217. Powers and duties of State Procurement Director

(a) The State Procurement Director shall serve as the principal procurement officer of the state. (b) (1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this […]

§ 19-11-218. Assistants and designees — Written delegation orders

(a) Subject to the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., and the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director may: (1) Employ and supervise such assistants and other persons as may be necessary; (2) Fix their compensation as provided by […]

§ 19-11-219. Legal counsel — Contract review

(a) The Attorney General shall act as counsel for the State Procurement Director in preparation of necessary contracts and in all legal matters. (b) (1) A contract that the director has designated as requiring review shall be reviewed by a person employed as an attorney with a state agency. (2) The review required under this […]

§ 19-11-220. Agency procurement officials

(a) In addition to any state agency authorized by rule to have an agency procurement official, each of the following state agencies may elect to have such an official for commodities, technical and general services, and professional and consultant services, which are not within the exclusive jurisdiction of the State Procurement Director and which are […]