Commodities, technical and general services, and professional and consultant services under state contract

  1. Law
  2. Arkansas Code
  3. Public Finance
  4. Purchasing and Contracts
  5. Arkansas Procurement Law
  6. Commodities, technical and general services, and professional and consultant services under state contract

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  1. (a)

    1. (1) In addition to establishing a state contract for those commodities, technical and general services, and professional and consultant services within the exclusive jurisdiction of the State Procurement Director under § 19-11-222, the director may award a mandatory state contract for other commodities, technical and general services, and professional and consultant services when the director determines that combining the collective purchasing power of the state would be beneficial to the state.

    2. (2) The director shall submit a mandatory state contract that is not for commodities or services within the exclusive jurisdiction of the director to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee, for review.

  2. (b)

    1. (1) Unless an exemption is approved by the director under subdivision (b)(2) of this section, a state agency that requires commodities, technical and general services, and professional and consultant services that are under a mandatory state contract shall procure these commodities, technical and general services, and professional and consultant services exclusively under the mandatory state contract.

    2. (2)

      1. (A) Except as provided in § 19-11-233, the director may approve an exemption from a mandatory state contract awarded under this section only if the state agency demonstrates that substantial savings will likely be effected by purchasing outside of the mandatory state contract.

      2. (B)

        1. (i) Approval of an exemption from a mandatory state contract under this section shall be in writing.

        2. (ii) Denial of a request for an exemption from a mandatory state contract under this section is not required to be in writing.

  3. (c) All contracts concerning commodities, technical and general services, and professional and consultant services shall disclose a projected total cost, including without limitation expenditures that may be incurred under all available periods of extension if the extensions were executed.

  4. (d) The director shall:

    1. (1) Identify and prioritize opportunities for awarding mandatory state contracts under this section;

    2. (2) Conduct mandatory state contract procurements under this section that would produce savings for the state;

    3. (3) Attempt to invite the participation of the potentially affected state agencies in the development and evaluation of a mandatory state contract procurement;

    4. (4) Post notice of his or her intent to procure a mandatory state contract on the official website of the Office of State Procurement; and

    5. (5)

      1. (A) Promote the use of mandatory state contracts among county and city governments, including without limitation making information about the mandatory state contracts readily available and searchable.

      2. (B) The director shall adopt rules to include any necessary conditions, reporting, or document retention standards related to the director's duty to promote mandatory state contract use under this subsection.


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