§ 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 […]
§ 22-9-502. Substitution of securities for retained payments — Highway contracts
(a) With respect to all contracts made or awarded by the State Highway Commission, including the construction, improvement, or repair of any and all roads and bridges with appurtenances which are, by law, under the supervision of the commission, a contractor may withdraw the whole, or any portion thereof, of the amount retained for payments […]
§ 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 […]
§ 22-9-503. Assignment of retained payments
(a) Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this subchapter, except that the assignment shall not be made without prior notification to the contracting agency of the state and the Treasurer of State. […]
§ 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 […]
§ 22-9-504. Deductions by state pursuant to contract
Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted first from that portion of the retained payments for which no security has been substituted and then from the proceeds of any deposited security. […]
§ 22-9-901. Title
This subchapter shall be known and may be cited as the “Fair Notice and Efficiency in Public Works Act”.
§ 22-9-505. Powers and duties of Treasurer of State
(a) The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter. (b) The services shall consist of the safekeeping […]
§ 22-9-902. Legislative intent
The General Assembly intends for this subchapter to: (1) Provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units; (2) Promote the economical and efficient administration and completion of public works construction projects; (3) Provide for an impartial selection process […]