§ 22-9-702. Payments not compensation for realty taken
Any payment made under the authority granted in § 22-9-701 shall be for compensating or reimbursing the displaced person in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the payments shall not, for any purpose, be deemed or considered compensation for real property acquired or […]
§ 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 […]
§ 22-9-502. 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. […]