Arkansas
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
AR ADC 006.27.3-R8:19-11-230.1(d)
Citation Language:
(d) REASONABLY SUSCEPTIBLE OF BEING AWARDED A CONTRACT -- THE COMPETITIVE RANGE. Given the number of proposals and the broad range of competitiveness of responses, it may not be practicable to engage in negotiations with each and every offeror. If the procurement agency receives multiple proposals, it may shorten the list of offerors to negotiate with to a “competitive range” of responsible offerors reasonably susceptible of being awarded a contract. That is the range of responsible offerors that fall within the “competitive range.” The competitive range shall be determined based on criteria set forth in the request for proposals. For example, and not by limitation, a request for proposals may provide that only the three highest ranked vendors are eligible for negotiation. The criteria for selecting the competitive range included in the request for proposals may be established on any rational basis, including, without limitation, one or more of the following: (1) Price; or (2) Cost of Ownership; or (3) Responses that appear to provide the best value based on evaluation criteria in the solicitation; or (4) Responses most likely to provide greater value after negotiations based on the same criteria; or (5) Evaluation scores.
Public Link:
https://1.next.westlaw.com/Document/N72D46F80F36611EABF6DE3CDD532C667/View/FullText.html
Westlaw Flags:
No Flag
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
AR ST § 19-11-244
Citation Language:
(a)(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency. (2) Any actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (A) Director; or (B) Head of a procurement agency. (3) The protest shall be submitted in writing within fourteen (14) calendar days after the award or notice of anticipation to award has been posted. (4) A protest submitted by an aggrieved person under this section shall: (A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and (B) State facts that substantiate each ground on which the protest is based. (b)(1)(A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination. (B)(i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure. (2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director. (c)(1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing. (2) The administrative protest determination shall state the reasons for the action taken. (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the protestor and any other party intervening. (e) An administrative protest determination under subsection (c) of this section is: (1) Final and conclusive; and (2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) In the event of a timely protest under subsection (a) of this section, the state shall not execute a contract that is the result of the protested solicitation or award unless the director or the head of the relevant procurement agency makes a written determination that the execution of the contract without delay is necessary to protect substantial interests of the state. (g) When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, through the commission. (h) An actual or prospective bidder, offeror, or contractor who is aggrieved by a protest submitted under this section that was without merit or intended purely to delay the award of a contract may bring a private cause of action for tortious interference with a business expectancy against the person or entity that submitted the protest.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
2019 Arkansas Procurement Manual p. 24
Citation Language:
A “responsive” proposal conforms in all material respects to the solicitation, including the specifications set forth in the solicitation.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
AR ST § 19-11-235
Citation Language:
(a)(1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director. (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination. (b)(1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror. (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary. (c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.
Name:
Commodity Code
Commodity Code:
NIGP
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$75,000
Citation:
A.C.A. § 19-11-229
Citation Language:
(1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous.
Small Purchases/Informal Purchasing:
$20,000
Citation 2:
A.C.A. § 19-11-204; A.C.A. § 19-11-231
Citation Language 2:
(13)(A)(i) “Small procurements” means a procurement not exceeding a purchase price of twenty thousand dollars ($20,000). (ii) Small procurements may be procured without seeking competitive bids or competitive sealed bids. (iii) However, competition should be used to the maximum extent practicable. (B) Items under state contract are excluded. ; 19-11-231 (a) Any procurement not exceeding the amount under § 19-11-204(13), which refers to small procurements, may be made in accordance with small procurement procedures promulgated by the State Procurement Director. (b) However, procurement requirements shall not be artificially divided so as to constitute a small procurement under this section.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
AR ST § 19-11-246
Citation Language:
(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission. (b)(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section. (2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director. (c)(1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing. (2) The decision shall state the reasons for the action taken. (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor. (e) The decision under subsection (c) of this section shall be final and conclusive. (f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
Other
Citation:
AR ADC 030.00.1-7.1
Citation Language:
Petitions for Re-Hearing and/or Motions for Reconsideration will only be entertained if they set forth new or additional evidence which was not available to the moving party at the time of the scheduled hearing. Such petitions for Re-Hearing or Motions for Reconsideration shall be filed with the Commission within 40 days from the date of the Commission's findings and determinations. No claim requiring action by the General Assembly will be forwarded to that body within the aforementioned 40 day period without the written approval of the Claimant(s) and Respondent(s).
Comments:
No right to appeal but a petition of Re-Hearing and/or Motion for Reconsideration can be filed with the State of Arkansas Claims Commission *For public link command f "Rule 7.1" *
eProcurement:
eProcurement
Platform:
Periscope Holdings
System Type:
eProcurement
Public Link:
System Name:
ARBuy
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Private, non-state employees are permitted to be included in evaluation teams.
Citation:
A.C.A. 19-11-230 (h) (2)
Citation Language:
(A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section. (B) A private evaluator used under this subsection shall be: (i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees; (ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and (iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available. (C) The use of a private evaluator is not required. (D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Partial Delegation to Agencies
Citation:
19-11-217(c)
Citation Language:
(c) Except as otherwise specifically provided in this subchapter, the director, within the limitations of this subchapter and the rules promulgated under authority of this subchapter: (1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract; (2) [Repealed.] (3) Shall manage and establish internal procedures for the office; (4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state; (5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services; (6) Shall establish and manage a list of vendors desiring written notice of invitations for bid; (7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid; (8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter; (9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition; (10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process; (11) Shall ensure that vendor performance reports are available to and searchable by state agencies; (12) Shall provide for enhanced training on the drafting of specifications for procurements; (13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation; (14) Upon the written request of a state agency or an actual or prospective bidder, offeror, or contractor, may declare his or her administrative interpretation of any provision of this subchapter and issue an advisory opinion regarding the construction and application of the provision; and (15) May negotiate and enter into a nonmandatory state contract with retailers for special prices or rates for commodities or services, or both, for the benefit of public procurement entities, independent of the source selection methods in §§ 19-11-228 and 19-11-229, if the contractor agrees to provide the commodities or services, or both, subject to the contract at either the standard retail price or a discounted price.
Comments:
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
Full Authorization
Citation:
A.C.A. § 19-11-229
Citation Language:
(1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous.
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Attorney General's Office
Reports To:
Attorney General
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
Statutory Guidance
Citation:
AR ST § 19-11-244(b)(1)(A)(2)
Citation Language:
(2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director.
Westlaw Flags:
No Flag
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Comments:
90 days maximum
Formal Solicitation - Minimum Window for Proposals/Bids:
5 Days
Citation:
A.C.A. § 19-11-229 (d) (1)
Citation Language:
**(d)** Notice inviting bids shall: **(1)** Be given not fewer than five (5) calendar days nor more than ninety (90) calendar days preceding the date for the opening of bids by publishing the notice at least one (1) time in at least one (1) newspaper having general circulation in the state or posting by electronic media, but in all instances, adequate notice shall be given;
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Partial Authorization
Citation:
AR ST § 14-58-303
Citation Language:
AR ST § 14-58-303 (c)(1) In a city of the first class, a city of the second class, or an incorporated town, the governing body by ordinance shall have the option to make purchases by participation in a reverse internet auction, except that purchases and contracts for construction projects and materials shall be undertaken pursuant to subsections (a) and (b) of this section and § 22-9-203. (2) The ordinance shall include, but is not limited to, the following procedures: (A) Bidders shall be provided instructions and individually secured passwords for access to the reverse internet auction by either the city or the town, or the reverse internet auction vendor; (B) The bidding process shall be timed, and the time shall be part of the reverse internet auction specifications; (C) The reverse internet auction shall be held at a specific date and time; (D) The reverse internet auction and bidding process shall be interactive, with each bidder able to make multiple bids during the allotted time; (E) Each bidder shall be continually signaled his or her relative position in the bidding process; (F) Bidders shall remain anonymous and shall not have access to other bidders or bids; and (G) The governing body shall have access to real-time data, including all bids and bid amounts. (3) The governing body may create by an additional ordinance reverse internet auction specifications for the anticipated purchase of a specific item or purchase. (4)(A) The governing body is authorized to pay a reasonable fee to the reverse internet auction vendor. (B) The fee may be included as part of the bids received during the reverse internet auction and paid by the winning bidder or paid separately by the governing body. (5) The governing body retains the right to: (A) Refuse all bids made during the reverse internet auction; and (B) Begin the reverse internet auction process anew if the governing body determines it is in the best interest of the city or town. (d) For purposes of this section: (1) “Reverse internet auction” means an internet-based process in which bidders: (A) Are given specifications for items and services being sought for purchase by a municipality; and (B) Bid against one another in order to lower the price of the item or service to the lowest possible level; and (2) “Reverse internet auction vendor” means an internet-based entity that hosts a reverse internet auction.
Comments:
Only municipal governments authorized 2021 Arkansas Laws Act 435 (S.B. 456)
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
https://www.transform.ar.gov/procurement/vendors/state-contracts/
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
Other
Citation:
A.C.A. § 25-4-105
Citation Language:
(1) The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division. (2) The division's powers and duties relate to information technology and include without limitation: (A) Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities; (B) Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities; (C) Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services; (D) (i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter. (ii) The same rate or fee structure will apply to all customers receiving services; (E) (i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process. (ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions. (iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council; (F) Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding; (G) Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter; (H) Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies; (I) Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited; (J) Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter; (K) Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies; (L) Assisting in the development of an information technology security policy for state agencies; (M) Developing the information technology security policy for state agencies; (N) Advising agencies in acquiring information technology service; (O) Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards; (P) Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation; (Q) With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure; (R) Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology; (S) Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services; (T) Advising agencies regarding information technology contracts and agreements; (U) Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and (V) Reviewing and approving agencies' information technology plans and requests. (b) This chapter shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of trustees of any institution of higher education under existing constitutional and statutory provisions.
Comments:
The Office of State Procurement shares (with the Division of Information Systems) overlapping statutory authority and oversight over all such purchases over $10,000 by non-exempt agencies
