§ 22-9-801. Title

This subchapter shall be known and may be cited as the “Fair and Open Competition in Governmental Construction Act”.

§ 22-9-802. Legislative intent

The General Assembly intends that this subchapter: (1) Provide for the efficient procurement of goods and services by governmental units; (2) Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects; (3) Provide for fair and open competition for construction contracts, grants, tax abatements, and tax credits awarded […]

§ 22-9-803. Definitions

As used in this subchapter: (1) “Public agency” means: (A) An agency of the State of Arkansas; (B) An agency of a county, city, town, school district, or other political subdivision of the state; (C) A public trust; (D) A public entity specifically created by a statute of this state; and (E) A department, agency, […]

§ 22-9-804. Public agency construction contracts — Prohibited terms

A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling […]

§ 22-9-805. Grants, tax abatements, and tax credits — Prohibited terms

A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in § 22-9-804 in a contract document for construction, improvement, maintenance, or renovation of real property or fixtures that are the subject of the grant, tax abatement, or tax […]

§ 22-9-806. Construction document preparation — Prohibited terms

(a) A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place a term described in § 22-9-804 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of a public improvement. (b) A term included in a […]

§ 22-9-807. Exceptions — Special circumstances

(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. (b) A finding […]

§ 22-9-808. Applicability

(a) This subchapter does not apply to public construction contracts executed before July 22, 2015. (b) This subchapter does not: (1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 — 169; (2) Interfere with labor relations […]