Public Works

Ark. Code Ann. tit. 22, ch. 9

in effect

Ark. Code Ann. § 22-9-101 Observation by registered professionals required.

(a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102, in their respective areas of expertise. (b) Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure: (1) For an engineering project does not exceed fifty thousand dollars ($50,000); or (2) For an architectural project does not exceed two hundred fifty thousand dollars ($250,000). (c) This section does not apply to: (1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; (2)(A) The design or construction of an unpaved trail project as defined under § 22-2-102. (B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division; or (3) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the Division of Arkansas State Parks.

Ark. Code Ann. § 22-9-103 Authorization for state agency to commit cash funds for construction — Penalty.

(a)(1) It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for the construction of a building unless the agency, department, or institution has previously obtained specific authorization by legislative enactment for the construction of the building to be paid, wholly or in part, from cash funds of the agency. (2) If the agency does not have specific legislative authority to construct a building from cash funds, the agency, department, or institution shall first obtain specific legislative authorization for the construction of the building prior to the expending of any cash funds of the agency, or prior to entering into any contract or agreement with respect to constructing any building to be paid from cash funds of the agency. (b) In the interim between legislative sessions, authorization for the construction of buildings and for the expending of cash funds of the agency therefor may be given by the Governor, in writing. (c) Nothing in this section shall apply to public school districts. (d) Any board, commission, or authorized head of any agency, department, or institution which shall expend any cash funds of the agency in violation of the provisions of this section shall be guilty of malfeasance in office and shall be removed therefrom.

Ark. Code Ann. § 22-9-104 Proposed capital expenditures — Definition.

(a) Prior to the convening of regular sessions of the General Assembly, each state agency, department, or institution shall submit a proposed capital expenditures request which shall: (1) Identify each public works construction project proposed to be constructed or obligated by construction contract by the governmental body during the next biennial period of the state; (2) Indicate a method of financing the construction through state appropriation, federal grants, revenue bonds, or revenue notes provided by law, the use of agency or institutional receipts, the use of donated funds from private sources, or a combination of one (1) or more such sources; and (3) Be accompanied by estimates of the cost of maintaining and operating the capital improvement facility once constructed. (b) After appropriate hearings and review, the General Assembly shall designate each proposed capital expenditure for construction which has been approved and the method of financing the proposed capital expenditure. (c) Proposed capital expenditure projects shall not be undertaken until approved by the General Assembly. (d)(1) In unusual circumstances between sessions of the General Assembly, a state agency, department, or institution which needs to make a capital expenditure in excess of two hundred fifty thousand dollars ($250,000), which has not been approved by the General Assembly, may submit a request for the expenditure to the Chief Fiscal Officer of the State, who shall review the request and submit his or her recommendation for the method of finance for the expenditure to the Legislative Council for its advice and recommendation. (2) Upon obtaining the advice and recommendation of the Legislative Council, the state agency, department, or institution is authorized to proceed with the capital expenditure, subject to the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other fiscal laws of the state. (e) As used in this section, “public works construction project” means the purchase or construction of all lands, buildings, structures, utility systems, and similar facilities for the use of the governmental body filing the request but shall not include projects involving less than two hundred fifty thousand dollars ($250,000). (f) Nothing in this section shall apply to public school districts.

Ark. Code Ann. § 22-9-105 Poor contractual performance — Additional bids prohibited.

(a)(1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract. (2)(A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director. (B) The decision of the director regarding an appeal under this subsection is final and conclusive. (C) The director shall adopt rules to establish the process and procedure for appeals under this subsection. (b) As used in this section, “state agency” means the same as defined in § 22-2-102. (c) The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.

Ark. Code Ann. § 22-9-201 Applicability of §§ 22-9-202 — 22-9-204.

(a) The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207. (b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction. (c)(1)(A) The notice and bid security provisions of §§ 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security. (2)(A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder. (3) “Emergency contracting procedures” means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division. (4) Emergency contracting procedures may include sole sourcing or competitive quote bids. (5) The Secretary of the Department of Shared Administrative Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division. (6) An emergency contract made under emergency contracting procedures under this section shall not be authorized by a county or municipality unless: (A) The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and (B) A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under § 22-9-203. (d) To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.

Ark. Code Ann. § 22-9-202 Construction of this section and §§ 22-9-203 and 22-9-204.

(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract. (b)(1) This section and §§ 22-9-203 and 22-9-204 do not: (A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or (B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees. (2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring: (A) Commodities in accordance with § 14-22-101 et seq.; (B) Professional services in accordance with § 19-65-101 et seq.; or (C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of fifty thousand dollars ($50,000). (c) This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than fifty thousand dollars ($50,000).

Ark. Code Ann. § 22-9-203 Public improvements generally — Award procedure.

(a) Except as provided under § 14-58-105, a contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall not be entered into by the state or an agency of the state or by a county, municipality, school district, or other local taxing unit with any contractor in instances in which all estimated costs of the work exceed the sum of fifty thousand dollars ($50,000) unless: (1)(A) The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made . (B) In addition to the publication of notice required under subdivision (a)(1)(A) of this section, the state or agency of the state may also publish notice of its intention to receive bids in a trade journal reaching the construction industry; and (2)(A) The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (b)(1) The date of publication of the last notice shall be not less than one (1) week before the day fixed therein for the receipt of bids. (2)(A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) This section does not limit to two (2) the number of weeks the notices may be published for projects over fifty thousand dollars ($50,000) . (c)(1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; (E) The amount, which may be stated in a percentage, of the bid bond required; (F) A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and (G) Such other pertinent facts or information which to it may appear necessary or desirable. (2)(A)(i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond. (ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000). (iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000). (B) This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract. (C) The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds. (D) Liability under this bid security shall be limited to five percent (5%) of the amount of the bid. (d) On the date and time fixed in the notice, the board, commission, officer, or other authority in which or in whom authority is vested to award contracts shall open and compare the bids and thereafter award the contract to the lowest responsible bidder but only if it is the opinion of the authority that the best interests of the taxing unit would be served thereby. (e) In the event that all bids submitted exceed the amount appropriated for the award of the contract, the state agency or its designated representatives shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated. (f)(1) In the event that all bids submitted exceed the amount appropriated for the award of the contract and if bidding on alternates was not required by the plans and specifications, the county, municipality, school district, other local taxing unit, or institution of higher education shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated. (2) If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall: (A) Be deductive; and (B) Be set forth in the plans and specifications in numerical order. (3) If all bids submitted exceed the amount appropriated for the award of the contract, then the county, municipality, school district, other local taxing unit, or institution of higher education may determine the apparent responsible low bidder by deducting the alternates in numerical order. (4) After making the deductions, if the cost of the project is less than twenty-five percent (25%) above the amount appropriated, then and only in that event, the county, municipality, school district, other local taxing unit, or institution of higher education may negotiate an award with the low bidder so determined. (g) Whenever it is obvious from examination of the bid document that it was the intent of a bidder to submit a responsive bid and that the bid, if accepted, would create a serious financial loss to the bidder because of scrivener error, such as the transposition of figures, the board, commission, officer, or other authority in which or in whom authority is vested has the authority to relieve the bidder from responsibility under the bond and may reject the bid. (h) For projects of this state or any agency of the state, “amount appropriated” within this section means funds currently available for the project as determined by the state or any agency or department of the state or any county, municipality, school district, or other local taxing unit prior to the opening of any bids. (i) No contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall be entered into by the state, any agency of the state, any county, municipality, school district, or other local taxing unit with any contractor in instances where all estimated costs of the work shall exceed the sum of seventy-five thousand dollars ($75,000) unless the bid documents contain statements which encourage the participation of small business enterprises and veteran-owned business enterprises. (j)(1) Notwithstanding any other provision of law to the contrary, a municipality, sanitation authority, water system, or consolidated waterworks system may enter into contracts with private persons, firms, associations, corporations, joint ventures, or other legal entities, including a combination of any of those entities, to provide for the design, building, operation, or maintenance, including a combination of those activities, of all or any portion of its wastewater system, stormwater system, water system, solar energy generation equipment and facilities, other capital asset, or any combination of those systems and assets. (2) The contracts may include provisions for design, financing, construction, repair, reconditioning, replacement, operation, and maintenance of a system or asset, or any combination of those services and functions. (3) Prior to entering into a contract under this section, the governing authority shall solicit qualifications-based competitive sealed proposals. (4) The governing authority shall first establish criteria for evaluation of any entity submitting proposals on the contracts for the purpose of assisting the governing authority in making a review of the entity's previous performance on projects of comparable nature and magnitude and the environmental compliance record of the entity during the five (5) years immediately preceding the execution of the contract. (5) The governing authority shall take into consideration the information to assist in determining the eligibility of any entity. (6) The award of a contract under this section shall be made to the responsible and responsive entity whose proposal is determined in writing to be the most advantageous to the governmental authority, taking into consideration the evaluation factors set forth in the request for proposals. (7) The governing authority of the municipality or the sanitation authority shall employ an appropriately licensed professional who is independent of the contractor to monitor and perform an independent review and inspection of the design-build-operate-maintenance contract, or any part thereof, during its performance. (8) Before soliciting proposals for a design-build-operation-maintenance project, the governing authority of the municipality or the sanitation authority shall employ an appropriate licensed professional to perform the necessary studies and preliminary design to clearly establish the parameters for the project, including: (A) Acceptable processes and structural alternatives; and (B) Cost estimates for the acceptable alternatives. (k)(1) The state, an agency of the state, a county, a municipality, a school district, or other local taxing unit shall not require in plans or specifications that a bidder or supplier: (A) Hold membership in any professional or industry associations, societies, trade groups, or similar organizations; (B) Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or (C) Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations. (2) However, plans and specifications may include or reference standards adopted by professional or industry associations, societies, trade groups, or similar organizations. (l) To the extent that the division includes minimum experience as part of the evaluation of a bidder's responsiveness, the standard being applied to the bidder's experience shall be stated in the invitation for bids. (m) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media.

Ark. Code Ann. § 22-9-204 Subcontractors exceeding $50,000 — Penalty.

(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in: (1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration; (2) Plumbing; (3) Electrical; and (4) Roofing. (b)(1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed. (2)(A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work. (B) However, a subcontractor is prohibited from subcontracting the work in its entirety. (c)(1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid. (2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction. (d) The prime contractor shall submit written evidence that the substituted contractor is costing the same amount of money or less and, if costing less, that the savings will be deducted from the total contract of the prime contractor and rebated to the owner. (e) It shall be mandatory that the mechanical, plumbing, electrical, and roofing subcontractors named on the form of proposal by the prime contractor awarded a contract under the provisions of this subchapter be given contracts by the prime contractor in keeping with their proposals to perform the items for which they were named. (f)(1) It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more. (2) It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more. (3) The board has jurisdiction over violations of this subsection under § 17-25-103.

Ark. Code Ann. § 22-9-205 Public improvements generally — Interest on delinquent payments.

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project, and the contract provides that payment therefor shall be made upon completion and acceptance of the project, and the contractor, upon completion and approval of the project, presents a claim for payment of the amount due thereon in accordance with the terms of the contract, and the claim is not paid by the public authority within ninety (90) days from the date of presentation of the claim, then the public authority shall pay to the contractor interest at the rate of ten percent (10%) per annum on the unpaid amount due for all periods of time that the payment under the contract is not made subsequent to ninety (90) days after presentation of the claim.

Ark. Code Ann. § 22-9-207 Construction or purchase of memorial, statue, bust, etc.

Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish specifications for the object, take competitive bids on the cost of constructing or furnishing the object, and award the contract to furnish or construct the object to the lowest responsible bidder meeting the established specifications.

Ark. Code Ann. § 22-9-208 Renovation of historic sites — Legislative intent and construction.

(a) The General Assembly finds and determines that: (1) The mandatory adherence to competitive bidding of all costs in altering, repairing, or renovating historic sites and structures has resulted in increased costs due to the inability of bidders to accurately determine on the basis of only an external examination of the historic sites and structures the exact quantity of labor, materials, and supplies necessary to meet the restoration standards; (2) The State of Arkansas would conserve state revenues by giving agencies charged with restoring or maintaining historic properties authority to select the contractors on the basis of the lowest responsible bid price, the bidder's experience in like work, and the techniques he or she proposes to employ, and by giving the agencies authority to reimburse contractors on an actual cost basis for those cost components which cannot be accurately predetermined before undertaking the project; and (3) The procedures provided in subdivision (a)(2) of this section should be applicable for specific projects only after review and approval by the Chief Fiscal Officer of the State, the Secretary of the Department of Shared Administrative Services, and the Legislative Council. Provided, however, projects undertaken by public institutions of higher education exempt from review and approval of the Department of Shared Administrative Services shall not require review and approval by the secretary. (b) In the event there is conflict between the provisions of this section and §§ 22-9-209 — 22-9-211 and the provisions of any other act insofar as the restoration of historic structures is concerned, the procedures set forth in this section and §§ 22-9-209 — 22-9-211 shall govern.

Ark. Code Ann. § 22-9-209 Renovation of historic sites — Advertising of contracts.

(a)(1) A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of fifty thousand dollars ($50,000) shall not be entered into between the state agency or taxing authority and any contractor unless the state agency or taxing authority has first published notice of intention to receive bids for improvements one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (2) In addition to the publication of notice required under subdivision (a)(1) of this section, the state agency or taxing authority: (A) May also publish notice in a trade journal reaching the construction industry; and (B) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (b)(1) The date of publication of the last notice shall be not less than one (1) week before the date affixed therein for the receipt of bids. (2)(A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) Nothing in this section shall be construed as limiting to two (2) the number of weeks the notices may be published. (c)(1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; and (E) The amount, which may be stated in a percentage, of bond required. (2) A statement shall be included notifying bidders that the proposed renovation will be contracted under the authority of this section and §§ 22-9-208, 22-9-210, and 22-9-211. (3) The invitation for bids shall include a required resumé of similar restorative work performed by the contractor. (d)(1) No agency shall advertise for bids under the provisions of this section and §§ 22-9-208, 22-9-210, and 22-9-211 without seeking the advice of the Legislative Council. (2) Provided further, nothing in this section shall prevent an institution of higher education exempt from review and approval of the Building Authority Division from entering into an agreement with the division to provide such advice. (e) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media.

Ark. Code Ann. § 22-9-210 Renovation of historic sites — Award of contracts.

(a) The highest quality of restoration commensurate with reasonable costs and obtainable within available funds is considered to serve the best interests of the state. Cost, proposed method, and experience in similar work shall be considered by the agency as interrelated and inseparable factors in the award of a contract. Therefore, the award may be made other than to the lowest bidder. To permit evaluation of bidder qualifications, bid proposal documents shall include the following: (1) The types of skills and numbers of persons of each skill needed to accomplish the work, together with the proposed rate of payment of each; (2) The anticipated quantity of materials estimated to be required, together with the unit price for each; (3) The proposed factor by which subdivisions (a)(1) and (2) of this section shall be multiplied to provide for overhead and profit; (4) The calculations contained in subdivisions (a)(1), (2), and (3) of this section shall be extended and totaled to produce an estimated total cost for the project. Bid forms prepared by the contracting agencies shall be provided for the purpose of setting forth the calculations; (5) A narrative statement of the methods and the techniques proposed for the restoration work; (6) A listing of previous comparable projects completed by the bidder, including location, cost, date completed, and owner's name and address; and (7) A resumé of the personal experience of the key supervisory personnel who will be directly involved in the execution of the project. (b) No contract shall be awarded under the provisions of this section and §§ 22-9-208, 22-9-209, and 22-9-211 until the contracting agency has submitted copies of the invitation for bids, together with all proposals received and the agency's narrative statement of its evaluation and recommendations for approval, to the Chief Fiscal Officer of the State.

Ark. Code Ann. § 22-9-211 Renovation of historic sites — Payment.

(a) The contracting agency shall establish, as part of the contract, a maximum compensation for the project. (b) Payment shall be based on the work actually done and the materials actually used. (c) The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal.

Ark. Code Ann. § 22-9-212 Public improvements generally — Trench or excavation safety systems.

(a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require: (1) That the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and (2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid. (b) In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section.

Ark. Code Ann. § 22-9-213 Exemption of state projects from local regulation.

Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances.

Ark. Code Ann. § 22-9-214 Unenforceable provisions in public construction agreements and public construction contracts — Definitions.

(a) As used in this section: (1) “Construction” means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or structure, including site work: (A) Alteration; (B) Design; (C) Erection; (D) Reconditioning; (E) Renovation; (F) Repair; or (G) Replacement; (2)(A) “Public construction agreement” means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303. (B) “Public construction agreement” does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and (3)(A) “Public construction contract” means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law. (B) “Public construction contract” does not include an insurance contract, a construction bond, or a contract to defend a party against liability. (b) A provision in a public construction agreement or public construction contract is void and unenforceable as against public policy if it requires an entity or that entity's insurer to indemnify, insure, defend, or hold harmless another entity against liability for damage arising out of the death of or bodily injury to a person or persons or damage to property, which arises out of negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers. (c) A provision, covenant, clause, or understanding in a public construction agreement or public construction contract that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the public construction agreement or public construction contract subject to the laws of another state, or that requires any litigation, arbitration, or other dispute resolution proceeding arising from the construction agreement or construction contract to be conducted in another state, is void and unenforceable as against public policy. (d) A clause described under subsections (b) and (c) of this section is severable from the public construction agreement or public construction contract and shall not cause the entire public construction agreement or public construction contract to become unenforceable. (e) The provisions of this section do not affect any provision in a public construction contract or public construction agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of the death of or bodily injury to persons or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitors, its agents, representatives, subcontractors, or suppliers.

Ark. Code Ann. § 22-9-401 Coverage.

(a) All surety bonds required by the State of Arkansas or any subdivisions thereof by any county, municipality, school district, or other local taxing unit, or by any agency of any of the foregoing for the repair, alteration, construction, or improvement of any public works, including, but not limited to, buildings, levees, sewers, drains, roads, streets, highways, and bridges shall be liable on all claims for labor and materials entering into the construction, or necessary or incident to or used in the course of construction, of the public improvements. (b) Claims for labor and materials shall include, but not be limited to, fuel oil, gasoline, camp equipment, food for workers, feed for animals, premiums for bonds and liability and workers' compensation insurance, rentals on machinery, equipment, and draft animals, and taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of, or in connection with, wages earned by workers on the project covered by the bond.

Ark. Code Ann. § 22-9-402 Authorized bonding companies — Agents.

(a) All bonds enumerated in § 22-9-401 and bid bonds enumerated in § 19-4-1405 shall be made by surety companies that have qualified and are authorized to do business in the State of Arkansas and are listed on the current United States Department of the Treasury's Listing of Approved Sureties. (b)(1) The bonds shall be executed by a resident or nonresident agent. (2) The resident or nonresident agent shall: (A) Be licensed by the Insurance Commissioner to represent the surety company executing the bond; and (B) File with the bond the power of attorney of the agent to act on behalf of the bonding company.

Ark. Code Ann. § 22-9-403 Statutory liability as integral part of bond — Limitation of action.

The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.

Ark. Code Ann. § 22-9-404 Subcontractor bonds.

(a)(1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when: (A) The subcontractor is the low responsible bidder for that portion of the contract; (B) The state, pursuant to § 22-9-204, requires the general contractor to list the subcontractor in the general contractor's bid; and (C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000). (2) If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor. (b) If the subcontractor fails to provide a payment and performance bond when required by the general contractor, the subcontractor shall lose the bid and shall pay to the general contractor a penalty equivalent to ten percent (10%) of the subcontractor's bid or the difference between the low bid and the next responsible bid and the next responsible low bid, whichever is less, plus cost of recovery of the penalty, including attorney's fees. The purpose of this section is to compensate the general contractor for the difference between the low bid and the next responsible low bid. (c) The general contractor may enforce this section by a civil action in circuit court. (d) The provisions of this section shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets.

Ark. Code Ann. § 22-9-405 Prohibition on directed suretyship.

(a) It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program. (b) Any person who violates the provisions of this section is guilty of a Class A misdemeanor.

Ark. Code Ann. § 22-9-501 Substitution of securities for retained payments — Contracts generally.

(a) Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in § 22-9-502, direct obligations of or obligations fully guaranteed by the federal government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations. (b) No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal.

Ark. Code Ann. § 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 to the contractor pursuant to the terms of the contract, upon making the deposits with the commission which are authorized in § 22-9-501 with respect to deposits to be made with the Treasurer of State. (b) All powers and authorities vested in the Treasurer of State with respect to deposits to be made as authorized in this subchapter, with respect to contracts made or awarded by the commission, shall be equally applicable to the commission with respect to deposits made with the commission. (c) The commission shall administer all powers vested in the Treasurer of State with respect to all deposits made in regard to contracts made or awarded by the commission.

Ark. Code Ann. § 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. (b) The assignment shall not impair the equitable rights of the contractor's surety in the retained payments or in the securities substituted therefor in the event of the contractor's default in the performance of the contract or in the payment of labor and material bills or other obligations covered by the surety's bond.

Ark. Code Ann. § 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. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after the amount has been deducted.

Ark. Code Ann. § 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 of the securities and of all services required to effectuate the purposes of this subchapter. (c) The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations. (d) If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor.

Ark. Code Ann. § 22-9-601 Definitions.

As used in this subchapter: (1) “Construction contract” means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency; (2) “Cost of the project” means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract; (3) “Prime contractor” means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law; (4) “Progress payments” means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and (5) “Public agency” means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies.

Ark. Code Ann. § 22-9-602 When subchapter not applicable.

The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets.

Ark. Code Ann. § 22-9-603 Waiver of subchapter provisions prohibited.

The parties to a construction contract to which this subchapter is applicable shall have no authority to vary or waive the provisions of this subchapter by agreement of the parties.

Ark. Code Ann. § 22-9-604 Procedure.

(a)(1)(A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract. (B)(i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i)(a) and (b) of this section. (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project. (2) If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed. (b)(1) In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract. (2) Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys. (c) All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed. (d) In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment.

Ark. Code Ann. § 22-9-701 Relocation assistance and payments.

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021, undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021.

Ark. Code Ann. § 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 as compensation for damages to remaining real property.

Ark. Code Ann. § 22-9-801 Title.

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

Ark. Code Ann. § 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 by governmental units; (4) Prohibit requirements for certain terms in construction contracts awarded by governmental units or supported through grants and tax subsidies and abatements by governmental units; (5) Prohibit expenditure of public funds under certain conditions; (6) Prohibit certain terms in procurement documents for certain expenditures by governmental units involving public facilities; and (7) Provide powers and duties for certain public officers, employees, and contractors.

Ark. Code Ann. § 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, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and (2)(A) “Public improvement” means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes. (B) “Public improvement” does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.

Ark. Code Ann. § 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 documents any of the following: (1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or (2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.

Ark. Code Ann. § 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 credit.

Ark. Code Ann. § 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 contract in violation of subsection (a) of this section is void.

Ark. Code Ann. § 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 of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning: (1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or (2) Employees on the project who are not members of or affiliated with a collective bargaining organization.

Ark. Code Ann. § 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 of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 — 169; or (3) Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if: (A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and (B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.

Ark. Code Ann. § 22-9-901 Title.

This subchapter shall be known and may be cited as the “Fair Notice and Efficiency in Public Works Act”.

Ark. Code Ann. § 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 in selecting statewide vendors to administer online advertisements of notices of an intention to receive bids by local governmental units; (4) Provide for fair and open competition in selecting vendors to accomplish the goals of this subchapter; (5) Prohibit anticompetitive conduct in vendors, including without limitation a vendor's having a direct interest in one (1) or more of the other vendors awarded a contract under this subchapter; and (6) Provide significant penalties for an individual or entity that violates this subchapter.

Ark. Code Ann. § 22-9-903 Definitions.

As used in this subchapter: (1) “Public agency” means: (A) A county, city, town, and school district in this state; and (B) A department, agency, board, bureau, commission, committee, or authority of a county, city, town, or school district; and (2) “Vendor” means an individual, association, corporation, company, firm, organization, partnership, governmental entity, or any other entity that can provide an online system for the online advertisement of notice of an intention to receive bids under §§ 22-9-203 and 22-9-209.

Ark. Code Ann. § 22-9-904 Public Works Committee — Creation — Duties — Immunity.

(a)(1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members: (A) The State Procurement Director or his or her designee; (B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee; (C) The Executive Director of the Association of Arkansas Counties or his or her designee; (D) The President of the Arkansas Municipal League or his or her designee; and (E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee. (2) If a member of the committee elects not to participate: (A) The Governor shall appoint a replacement; and (B) The member who elects not to participate is not part of the committee. (b) The committee shall meet as needed but at least one (1) time each year. (c) The committee shall: (1) Administer this subchapter; (2) Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement; (3) Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter; (4) Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and (5) Perform an annual review and remove any noncompliant vendors under § 22-9-907. (d) A majority vote of the members of the committee is required for the committee to take action. (e)(1) The committee has the same immunity granted to state agencies under the Arkansas Constitution. (2) The individual members of the committee are immune to the same extent as state employees under § 25-44-305.

Ark. Code Ann. § 22-9-905 Online notice for bids.

A public agency may contract with a vendor selected under this subchapter to provide online advertisements of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209 .

Ark. Code Ann. § 22-9-906 Selection of vendors.

(a)(1) The Office of State Procurement shall select three (3) vendors using the procedures for the procurement of professional services under § 19-65-101 et seq. (2) The office may use the responses from a previous request for qualifications under this subchapter for up to five (5) years to replace any vendors that are removed under this subchapter. (3) If fewer than three (3) vendors respond to the request for qualifications or if there are fewer than three (3) qualified vendors, the office shall select as many qualified vendors as possible. (b) The vendors selected under this subchapter shall be the only vendors with which a public agency may contract for the online advertisement of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209. (c) A vendor selected under this subchapter shall: (1) Maintain on its website a clearly designated area for public notices that is accessible through a prominently displayed and clearly labeled link from the homepage of the website; and (2) Primarily publish in the English language. (d) A vendor selected under this subchapter shall not: (1) Have a common owner, shareholder, member of a board of directors, employee, or any other similar interest with another vendor selected under this subchapter; (2)(A) Require payment or a subscription to view an advertisement of a notice of an intention to receive bids or any other posting authorized in this section. (B) A vendor may require payment or a subscription to view any other document; or (3) Provide services under this subchapter for a public agency until the public agency has complied with subsections (e) and (f) of this section. (e) Before using the online advertisement of notices of an intention to receive bids as a form of notification, a county, city, or town shall: (1) Provide notice through publication in a newspaper concurrently with notification through an online advertisement of notice of an intention to receive bids under this subchapter for five (5) weeks; (2) Adopt a resolution at the beginning of each calendar year that identifies each website designated by ordinance for the online posting of advertisements for notices of an intention to receive bids; (3) Publish notice in a newspaper of general circulation within the county identifying each website designated for the online posting of advertisements for notices of an intention to receive bids; and (4) Adopt an ordinance that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids. (f) Before using the online advertisement of bids as a form of notification, a school district shall: (1) Provide notice through publication in a newspaper concurrently with notification through an online advertisement of notices of an intention to receive bids under this subchapter for five (5) weeks; (2) Adopt a resolution at the beginning of each calendar year that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids; and (3) Publish notice in a newspaper of general circulation within the county in which the school district is located that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids.

Ark. Code Ann. § 22-9-907 Annual review — Removal of vendor — Penalties.

(a) The Public Works Committee shall review the performance and compliance of vendors selected under this subchapter. (b) After reasonable notice to the vendor and a reasonable opportunity for the vendor to have a hearing, the committee may remove a vendor's authority to perform the services provided for under this subchapter if the committee determines that the vendor's performance does not meet the goals of this subchapter. (c)(1) A vendor who knowingly violates this subchapter: (A) Upon conviction is guilty of a Class B misdemeanor; (B) Is prohibited from performing services under this subchapter or being selected as a vendor under this subchapter for five (5) years; and (C) Shall pay damages to any public agency, person, or entity that is found to have ascertainable damages as a result of the vendor's violation of this subchapter. (2) The Office of State Procurement shall maintain a list of vendors that are prohibited from performing services.

Ark. Code Ann. § 22-9-908 Replacement of vendor.

(a) A vendor shall be replaced as soon as practicable using the procedure established under § 22-9-906 if the vendor: (1) Is unable to perform the services required under this subchapter; (2) Has its authority to perform the services provided for under this subchapter removed under § 22-9-907; or (3) Is otherwise no longer performing the services required under this subchapter. (b) If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under § 22-9-907, the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days. (c) An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under § 22-9-907 shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids.

Ark. Code Ann. § 22-9-909 Multiyear contracts.

A contract with a vendor under this subchapter is subject to the restrictions of § 19-61-512.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.22.htmlFetched: 11/8/2026