Rules

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  1. (a)

    1. (1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

    2. (2) A rule promulgated by the director under this subchapter is not effective until the rule is:

      1. (A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and

      2. (B) Reviewed and approved by the Legislative Council under § 10-3-309.

  2. (b) A rule shall not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the rule.

  3. (c)

    1. (1) A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation.

    2. (2) The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.


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