Current through Register Vol. 49, No. 9, September, 2024
R1: 19-11-105
Employment of illegal immigrants - prohibition - certification by
contractor
(a) The contractor must
certify on line at www.arkansas.gov/dfa/procurement prior to award of a
contract that the contractor does not employ or contract with any illegal
immigrant.
(b) If the contractor
violates the above certification or is found to not be in compliance during the
term of the contract, the state shall require the contractor to remedy the
violation within sixty (60) days of discovery of that violation. Failure to
remedy the violation within the 60 day period will result in termination for
breach of contract, and the contractor shall be liable to the State for the
State's actual damages.
(c) If the
contractor uses a subcontractor at the time of the above certification, the
subcontractor shall certify that the subcontractor does not employ or contract
with an illegal immigrant. The subcontractor's certi-fication must be submitted
within thirty (30) days after award of the contract, and the contractor is
required to maintain the certification on file for the remainder of the term of
the contract.
(d) In the event that
the contractor learns that the subcontractor's cer-tification is in violation
of the Act, and terminates the contract with the subcontractor, the termination
of the subcontract for a violation of this section will not be considered a
breach of the contractor's contract with the state. However, any subcontractor
subsequently hired by the contractor shall be required to provide like
certification.
R2:
19-11-203.
Capital Improvements
(14)
(AA)
Capital improvements valued at less than Twenty Thousand Dollars ($20,000)
subject to ABA mini-mum standards and criteria are exempt from the requirements
of the Procurement Law.
R1:
19-11-204
Requests for Qualification Procurement
Method
The request for qualifications procurement method is used, with prior
written approval from the Director of the Office of State Procurement, when the
qualifications or specialized expertise of the vendor is the most important
factor in selection. The RFQ is sent to those vendors whose work resume'
indicates that they are best suited to perform the scope of work or services
required. Notification of RFQ's, for which the OSP is responsible, in amounts
greater than Twenty-five Thousand Dollars ($25,000), will be made on the OSP
website: www.arkansas.gov/dfa/procurement. The agency makes its initial
selection based upon the respondent's qualifications. Only after the most
qualified respon-dent is identified does cost become a factor in determining
the award. Discussion may be conducted with qualified vendors who, based upon
qualifications submitted, are determined to reasonably be susceptible of being
selected for the purpose of clarification to assure full understanding of, and
responsiveness to the solicitation requirements, and to obtain best and final
offers.
R2: 19-11-204
Ethical standards
In accordance with §
19-11-708(a),
(b), and (c), the following statement must be
conspicuously set forth in all contracts and solicitations costing more than
Five Thousand Dollars ($5,000): "It shall be a breach of ethical standards for
a person to be retained, or to retain a person, to solicit or secure a state
contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except for retention of bona fide employees or
bona fide established commercial selling agencies maintained by the contractor
for the purpose of securing business."
R3:
19-11-204
Procedures for approval of information technology
products or services obtained by requests for qualification
Agencies must submit to the Department of Finance and Administration
Office of Intergovernmental Services State Technology Planning (STP) any
Invitation for Bid, (IFB), Request for Proposal (RFP) or Request for
Qualifications (RFQ) for Information Technology products or services where the
anticipated cost is One Hundred Thousand Dollars ($100,000) or more. In
addition, any IFB, RFP or RFQ that includes Information Technology products or
services as part of the IFB, RFP or RFQ, where that part may be One Hundred
Thousand Dollars ($100,000) or more, must be submitted to STP for
approval.
If approved by STP, STP will provide a letter of approval to the Office
of State Procurement prior to release for bid. STP shall have ten (10) business
days from receipt of the bid documents to complete the necessary reviews. If
the STP review is not completed within the timeframe allowed, the agency and
STP must mutually agree to an extension of the review process.
R1: 19-11-217
Authority of the State
Procurement Director
Quality assurance, inspection, and testing. The State Procurement
Director or college or university shall be responsible for assuring that
commodities and services conform to the necessary specifications, terms and
conditions in the following situations:
(1) Upon delivery, in response to a purchase
order or contract award;
(2) Before
delivery when the bidder has responded to an invitation for bids and/or
received a contract award;
(3)
After a vendor(s) has submitted an alternative bid. Examination of commodities
and services may, where and when necessary, include laboratory testing and/or
simulation studies.
R3:
19-11-217
Authority of the State Procurement Director
(a) Vendor fee. Vendors shall make
application on the Office of State Procurement web site at
www.arkansas.gov/dfa/procurement. to have their name placed on the State Master
Vendor list for the commodities and services they wish to supply or provide. An
annual fee may be required.
(b)
State master vendor list. Inclusion of the name of a business on the vendor's
list does not indicate whether the business is responsible with respect to a
particular procurement or otherwise capable of successfully performing a
contract.
(c) Vendors not on vendor
lists. Hard copies of invitations to bid requested in response to public notice
or other notification of a particular procurement will be provided to the
requestor at a charge consistent with the current costs of reproduction and
distribution.
(d) Recommended
vendors. Vendors listed as recommended vendors on agency purchase requests will
be furnished invitations to bid; however, if the contract is awarded to a
"recommended vendor," that vendor must reg-ister on the State Master Vendor
List prior to contract award and pay the fee.
R4: 19-11-217
Vendors List
(a) Vendors list. The Office of State
Procurement and each agency procurement official shall maintain a vendors
list.
(b) Application. A business
shall make application on the Office of State Procurement web site at
www.arkansas.gov/dfa/procurement to have its name placed on the vendors lists
for the commodities and services it wishes to supply or provide. The business
must provide complete information requested in the application before it will
be considered for placement on a vendors list.
(c) Determination. The procurement agencies
may refuse to list any prospective bidder not making proper application. The
prospective bidder has the burden of showing that it meets the qualifications
for inclusion on the vendors list on which it seeks to be listed. The
prospective bidder will be promptly advised if its application is disapproved
and the reasons for disapproval shall be stated.
(d) Reapplication. Any prospective bidder
whose application is disapproved may reapply following the date of
disapproval.
(e) Removal.
(1) Any bidder who requests in writing to be
removed from the vendors list shall be removed.
(2) Bidders who have been suspended and/or
debarred shall be removed from the vendors list.
R1: 19-11-223
Commodities and services
under state contract
(a) Request for
exclusion. State agencies having agency procurement officials may request
exemption from a proposed state contract no less than ten (10) calendar days
prior to the posted bid opening date by submitting to the State Procurement
Director a written justification for such exemption.
(b) Determination by State Procurement
Director. Approval or denial of exemption from a state contract shall be made
in writing by the State Procurement Director prior to issuance of the
invitation for bids.
R1:
19-11-229
Competitive sealed bidding Definition.
Invitations for bids shall be posted on the OSP website
www.arkansas.gov/dfa/procurement in adequate time to allow
response.
R3: 19-11-229
Competitive sealed bidding Commodities and services which are not
practicable to procure by competitive sealed bidding:
(1) Postage meter leases;
(2) Motor vehicle rentals [for thirty (30)
days or less] may be procured by use of competitive bid procedures. All motor
vehicle leases [over thirty (30) days] must be approved by the State
Procurement Director under the provisions of ACA §
22-8-102.
(3) Agricultural equipment leases for one
hundred eighty (180) days or less may be procured by use of competitive bid
procedures.
R7: 19-11-229
Competitive sealed bidding Bid evaluation.
(1) Those criteria that will affect the bid
price and be considered in evaluation for award shall be stated in the bid and
objectively measured, such as transportation costs and total or life cycle
cost. Judgmental evaluation of commodities and services may be used in
determining whether the commodity or service offered by a bidder meets the
specification requirements of the procurement, or the bidder is qualified to
provide the service.
(2) The
following matters shall be applicable to all invitations for bids issued, bids
submitted, and contracts awarded for the purchase of commodities:
(A) Time discounts or cash discounts shall
not be considered;
(B) Quantity
discounts should be included in the price of the item. When not included in the
item price, the discount shall be considered only if the procurement agency, or
the agency for whose benefit the procurement has been undertaken, deems it to
be in the state's best interest. The unit price shown on the contract shall be
the net price, less the discount, unless otherwise indicated in the
bid;
(C) An award may be made to
the lowest aggregate bidder for all items, group of items, or on an individual
item basis, whichever is deemed to be in the state's best interest.
(D) Only signed, sealed bids delivered prior
to the date and time of bid opening shall be accepted.
(E) Past Performance
(i) The past performance of a bidder may be
used by the procurement agency to determine whether the bidder is
"responsible," not to disqualify the bidder. No points for past performance may
be used in the evaluation criteria. Past performance must be supported by
written documentation not greater than three (3) years old. Documentation may
be a formal Vendor Performance Report, an informal memo (signed and dated) or
any other appropriate authenticated notation of performance to the vendor file.
Reports, memos and files may be in electronic form. Past performance may be
positive or negative.
(ii) Past
performance on contracts from other Arkansas state agencies may also be used
for evaluation. Supporting documentation should be provided.
(iii) Past performance evaluation should not
take the place of suspension or debarment procedures.
(3) Tie bids. In the event the
lowest prices offered result in a tie bid, the person responsible for awarding
a contract must ensure that all offers meet specifications. An award will be
made by lot (flip of a coin). The coin flip will be done in the presence of a
witness by the person responsible for awarding the contract. The witness must
be an employee of the State of Arkansas. A documentation of the coin flip must
be included on the tabulation or bid history sheet and be signed by both
parties.
R8: 19-11-229
Competitive sealed bidding Rejection. Grounds for rejection of bids
include but shall not be limited to:
(1) Failure of a bid to conform to the
essential requirements of an invitation for bids;
(2) Any bid which does not conform to the
specifications contained or referenced in any invitation for bids unless the
items offered as alternatives meet the requirements specified in the
invitation;
(3) Any bid which fails
to conform to a delivery schedule established in an invitation for bids, unless
the invitation for bids contains provisions for acceptance of offers with
alternative delivery schedules;
(4)
A bid imposing conditions which would modify the stated terms and conditions of
the invitation for bids;
(5) Any
bid determined by the procurement official in writing to be unreasonable as to
price;
(6) Bids received from
bidders determined to be non-responsible bidders;
(7) Failure to furnish a bid guarantee when
required by an invitation for bids; and
(8) Any or all bids when the procurement
official makes a written determination that it is in the best interest of the
state.
R12: 19-11-229
Competitive sealed bidding
Cancellation of invitations for bids. A notice of cancellation shall be
posted on the OSP website at: www.arkansas.gov/dfa/procurement. The bids may be
returned if the bid is properly identified.
R13: 19-11-229.
Procedures for approval
of information technology products or services obtained by competitive sealed
bids
Agencies must submit to the Department of Finance and Administration
Office of Intergovernmental Services State Technology Planning (STP) any
Invitation for Bid, (IFB), Request for Proposal (RFP) or Request for
Qualifications (RFQ) for Information Technology products or services where the
anticipated cost is One Hundred Thousand Dollars ($100,000) or more. In
addition, any IFB, RFP or RFQ that includes Information Technology products or
services as part of the IFB, RFP or RFQ, where that part may be One Hundred
Thousand Dollars ($100,000) or more, must be submitted to STP for
approval.
If approved by STP, STP will provide a letter of approval to the Office
of State Procurement prior to release for bid. STP shall have ten (10) business
days from receipt of the bid documents to complete the necessary reviews. If
the STP review is not completed within the timeframe allowed, the agency and
STP must mutually agree to an extension of the review process.
R14: 19-11-229
Negotiations
(a) Negotiation of Competitive Sealed Bids
should be used only in those cases where the best interests of the State are
served. Only those procurement professionals who are trained in negotiation and
procurement processes should conduct negotiations.
(b) Prior to negotiation, a written
justification supporting negotiation must be ncluded in the bid folder. The
justification must include:
(1) Bid
tabulation with indication of lowest responsive and responsible
bidder.
(2) Certification of
available funds by agency chief fiscal officer.
(3) Reason(s) precluding re-solicitation
including but not limited to time constraints and economic impact to
agency.
(c) After it is
determined that negotiation is necessary, appropriate representatives shall
proceed with negotiations and award recommendation. Appropriate representatives
shall include purchasing staff and representatives from the original requesting
unit.
(d) Agency should investigate
the factors affecting the price offered by the apparent low bidder to include
but not be limited to cost, delivery requirements, warranty, location of
supplier, volatile nature of goods or services requested and current economic
condition of the market.
(e) The
agency must develop a plan to include at least:
(1) The acceptable range of price, the
desired "best" price and the highest acceptable price.
(2) What adjustment may be made to delivery
requirements that may affect price.
(3) Acceptable adjustments in
quantity.
(4) A prioritized list of
acceptable adjustments in specifications that may result in price
reduction.
(5) Timetable for
completion of negotiation.
(f) Negotiation plan shall not be revealed to
bidder(s) nor made available for public review until after award.
(g) An acceptable negotiated contract shall
be signed and in writing listing agreed upon terms, conditions, specifications,
quantities and pricing.
(h) If a
negotiated contract cannot be developed, the bidder may be declared
non-responsive and, time permitting, the negotiation process may be repeated
with the next low bidder.
(i) If
negotiations do not result in an acceptable contract, the Director or head of a
procurement agency may authorize that a new solicitation be issued or elect to
procure by special procurement (§
19-11-263).
R1: 19-11-230
Competitive sealed proposals
Conditions of use. The key element in determining the necessity for
utilization of the competitive sealed proposal method is the type of evaluation
required. Where evaluation involves the relative abilities of bidders to
perform, including the degree of technical or professional experience, and
price is not the only consideration, use of competitive sealed proposals is
appropriate. Further, where the types of supplies or services may require the
use of comparative, judgmental evaluation, competitive sealed proposals is the
appropriate procurement method.
R2:
19-11-230
Competitive sealed proposals
(a) Evaluation. The evaluation shall be based
on the evaluation factors set forth in the request for proposals. All members
of evaluation committees shall participate in Evaluation Committee Training
sponsored by OSP. Evaluations will be conducted in accordance with the OSP
Policy on evaluations found at OSP website at www.arkansas.gov/dfa/procurement
A written determination shall be made by the evaluator(s) stating the basis on
which the recommendation for award was found to be most advantageous to the
state.
(b) Responsibility of
offeror. Past performance of an offeror may be used by the procurement agency
to determine whether the offeror is "responsible", not to disqualify the
offeror. No points for past performance may be used in the evaluation
criteria.
(c) Tie bids. In the
event the evaluation of criteria and awarding of points result in a tie bid,
the person responsible for awarding a contract must ensure that all offers meet
specifications. An award will be made by lot (flip of a coin). The coin flip
will be done in the presence of a witness by the person responsible for
awarding the contract. The witness must be an employee of the State of
Arkansas. A documentation of the coin flip must be included on the tabulation
or bid history sheet and be signed by both parties.
R5: 19-11-230
Procedures for approval
of information technology products or services obtained by competitive sealed
proposals
Agencies must submit to the Department of Finance and Administration
Office of Intergovernmental Services State Technology Planning (STP) any
Invitation for Bid, (IFB), Request for Proposal (RFP) or Request for
Qualifications (RFQ) for Information Technology products or services where the
anticipated cost is One Hundred Thousand Dollars ($100,000) or more. In
addition, any IFB, RFP or RFQ that includes Information Technology products or
services as part of the IFB, RFP or RFQ, where that part may be One Hundred
Thousand Dollars ($100,000) or more, must be submitted to STP for
approval.
If approved by STP, STP will provide a letter of approval to the Office
of State Procurement prior to release for bid. STP shall have ten (10) business
days from receipt of the bid documents to complete the necessary reviews. If
the STP review is not completed within the timeframe allowed, the agency and
STP must mutually agree to an extension of the review process.
R1: 19-11-232
Proprietary or sole
source procurements
(a) General. Sole
source procurements of commodities and technical services shall be those
procurements which, by virtue of the performance specification, are available
from a single source. Brand name or design specifications shall not be
sufficient explanation for sole source. Such procurements may include but shall
not be limited to:
(1) Requirements of
performance compatibility with existing commodities or services; or
(2) Repairs involving hidden
damage.
(b) Approval.
Request for approval shall be made in writing and shall include in the
justification:
(1) A copy of the purchase
order;
(2) Why the service is
needed;
(3) The methods used to
determine that a lack of responsible/responsive competition exists for the
service;
(4) How it was determined
that the provider possesses exclusive capabilities;
(5) Why the service is unique;
(6) Whether or not there are patent or
proprietary rights which make the required service unavailable from other
sources;
(7) What the agency would
do if the provider/service were no longer available, and
(8) Any program considerations which make the
use of a "Sole Source" critical to the successful completion of the agency's
task.
(9) The "Contract and Grant
Disclosure and Certification Form" required by Governor's Executive Order
98-04.
(c) Procurements
under this section shall be approved in advance by the head of a state agency
having an agency procurement official or the State Procurement Director for all
other state agencies, or a designee of either officer above the level of agency
procurement official.
(d) Sole
Source Procurements of Professional and Consultant Services. The procurement
from a single source, as it relates to professional and consultant service
contracts, should only be used when all other methods of contracting are
clearly not applicable. The agency chief fiscal officer or equivalent or
director, division director or deputy director of an agency, college or
university may authorize the use of sole source purchases. Sole source
professional and consultant service contracts, except for those exempt by law
and those that are documented by sole source justification, may only be awarded
after legal public notice of intent has been published in a newspaper of
statewide circulation and no other provider responds. If any other provider
responds and requests the opportunity to bid, then the sole source procurement
method cannot be used. The notice must clearly state the nature of the
contract, the contracting agency, and the deadline by which interested
providers must respond. Notification must also be posted on the agency or
Office of State Procurement website.
(e) Sole Source Justification. Sole source
professional and consultant service contracts, except for those exempt by law;
and those that are published in a newspaper of statewide circulation, must be
accompanied by written justification and be approved by the Director of the
Office of State Procurement. The justification must clearly demonstrate that to
contract otherwise would not be in the best interests of the state. The
justification must fully address:
(1) Why the
service is needed;
(2) The methods
used to determine that a lack of responsible/responsive competition exists for
the service;
(3) How it was
determined that the provider possesses exclusive capabilities;
(4) Why the service is unique;
(5) Whether or not there are patent or
proprietary rights which make the required service unavailable from other
sources;
(6) What the agency would
do if the provider/service were no longer available, and
(7) Any program considerations which make the
use of a "Sole Source" critical to the successful comple-tion of the agency's
task.
(f) Sole Source by
Law. The procurement of professional and consultant services from a specific
provider that results from a mandate issued by the court systems or state or
federal law.
R3: 19-11-232
Procedures for approval of information technology products or services
obtained by sole source
(a) Agencies
must submit to the Department of Finance and Administration Office of
Intergovernmental Services State Technology Planning (STP) sole source
documentation for approval of Information Technology products or services where
the anticipated cost is One Hundred Thousand Dollars ($100,000) or
more.
(b) If approved by STP, STP
will provide a letter of approval to the Office of State Procurement prior to
processing the procurement. STP shall have ten (10) business days from receipt
of the documents to complete the necessary review. If the STP review is not
completed within the timeframe allowed, the agency and STP must mutually agree
to an extension of the review process.
R1: 19-11-233
Emergency
procurements
(a) Bids. The state agency
must, at a minimum, receive three (3) competitive bids unless the emergency is
critical. The quotation abstract must show the names of at least three (3)
firms contacted in attempting to obtain competition.
(b) Approval. All emergency procurements
shall be approved in advance by the State Procurement Director, the head of a
procurement agency, or a designee of either officer. Where time or circumstance
does not permit prior approval, approval must be obtained at the earliest
practical date. Requests for approval shall be made in writing and shall
include:
(1) Acopy of the purchase
order;
(2) A copy of the quotation
abstract; and
(3) Awritten
explanation of the emergency.
(c) Tie bids. In the event the lowest prices
offered result in a tie bid, the person responsible for awarding a contract
must ensure that all offers meet specifications. An award will be made by lot
(flip of a coin). The coin flip will be done in the presence of a witness by
the person responsible for awarding the contract. The witness must be an
employee of the State of Arkansas. A documentation of the coin flip must be
included on the tabulation or bid history sheet and be signed by both
parties.
(d) Professional and
Consultant services. Emergency procurements of professional and consultant
services that total Twenty-Five Thousand Dollars ($25,000) or less may be
procured using the method as described in R1
19-11-233(A)
through (C). For those P&CS contracts
that exceed Twenty-Five Thousand Dollars ($25,000), the agency chief fiscal
officer or equivalent or director, division director or deputy director of an
agency, college or university may institute a request for emergency action
review of a professional or consultant service contract by providing in writing
a request to the Director of State Procurement. The request must detail that to
procure using other methods would endanger human life or health, state property
or the functional capability of the agency. The State Procurement Director may
then approve submission of the contract to the Legislative Council. Under its
emergency action procedures, the Co-hairpersons of the Legislative Council
and/or the Co-chairpersons of the Legislative Council Review Committee may
review P&CS contracts on behalf of the Legislative Council, provided a
written report of the review process is presented to the Legislative Council at
its next regular meeting. (This regulation implements Arkansas Legislative
Council Rule # 19).
R1:
19-11-241
Issuance of restrictive specifications
Restrictive specifications. A specification may be drafted which
describes a product which is proprietary to one manufacturer only where there
is a requirement for specifying a particular design or make of product due to
factors of compatibility, standardization, or maintainability.
R2: 19-11-241
Issuance of qualified
products list specifications Qualified products list.
(1) Restrictions on use. A specification for
commodities may include a qualified products list only when the State
Procurement Director has approved in writing the written determination of the
Agency Procurement Official or Office of State Procurement that:
(A) The interests of the state require
assurance before award that the desired commodity is satisfactory;
and
(B) The cost or the time
required to test before award would be excessive.
(2) Notice of intent to adopt a qualified
products list. Whenever it is determined to include a qualified products list
in any specification or to adopt such a list, prompt notice of the intent shall
be given to all reasonably known makers and suppliers of the affected
commodity. Such notice shall describe all requirements for achieving
qualification.
(3) Written records
of evaluation. Detailed written records shall be made of the evaluation of any
and all commodities offered for inclusion on any qualified products list.
Except for records which contain trade secrets or other proprietary
information, those records shall be made available for inspection by any member
of the public upon request.
R3:
19-11-245
Authority to debar or suspend.
(a) General. Any bidder or contractor to the
state of Arkansas who, except for good cause shown, shall have done any of the
matters listed in subsection (2) may be suspended or debarred from
consideration for award of contracts.
(b) Causes for debarment or suspension. The
causes for debarment or suspension include, but are not limited to, the
following:
(1) Conviction for commission of a
criminal offense as an incident to obtaining or attempting to obtain a public
or private contract or subcontract, or in the performance of such contract or
subcontract;
(2) Conviction under
state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any
other offense indicating a lack of business integrity or business honesty which
currently, seriously, and directly affects responsibility as a state
contractor;
(3) Conviction under
state or federal antitrust statutes arising out of submission of bids or
proposals;
(4) Violation of
contract provisions, as set forth below, of a character which is regarded by
the State Procurement Director or the head of a procurement agency to be so
serious as to justify debarment action:
(A)
Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
(B) A recent record of failure to perform or
of unsatisfactory performance in accordance with the terms of one or more
contracts; provided that failure to perform or unsatisfactory performance
caused by acts beyond the control of the contractor shall not be considered to
be a basis for debarment;
(5) Continuous failure to post bid or
performance bonds, or to provide alternate bid or performance guarantee in the
form acceptable to the procurement agency in lieu of a bond, as required by an
invitation for bids or a solicitation for proposals;
(6) Substitution of commodities without the
prior written approval of the contracting authority;
(7) Failure to replace inferior or defective
commodities within a reasonable time after notification by the procurement
agency or the agency to which such commodity has been delivered;
(8) Refusal to accept a contract awarded
pursuant to the terms and conditions of the contractor's bid;
(9) Falsifying invoices, or making false
representations to any state agency or state official, or untrue statements
about any payment under a contract or to procure award of a contract, or to
induce a modification in the price or the terms of a contract to the
contractor's advantage;
(10)
Collusion or collaboration with another bidder or other bidders in the
submission of a bid or bids for the purpose of lessening or reducing
competition;
(11) Falsifying
information in the submission of an application for listing on a state vendor's
list;
(12) Any other cause the
State Procurement Director or head of a procurement agency determines to be so
serious and compelling as to affect responsibility as a state contractor,
including debarment by any other governmental entity for any cause;
and
(13) Violation of the ethical
standards set forth in ACA §
19-11-708.
(c) Debarment. Prior to any action
for debarment, the Office of State Procurement or agency procurement official
shall notify the bidder of the opportunity for a hearing fourteen (14) days
prior to said hearing. Such notification shall state the facts of any
allegation or claim. The State Procurement Director or head of a procurement
agency shall consult with the Attorney General or legal counsel prior to
debarring a person for cause from consideration for award of
contracts.
(d) Debarment hearing.
(1) The director or head of a procurement
agency shall form a Committee composed of three (3) qualified individuals from
government and private industry to hear the Debarment proceedings.
(2) The Attorney General or legal counsel
representing the Director or head of a procurement agency will have the right
to present evidence and elicit testimony from witnesses and cross examine
opposing witnesses before the Committee.
(3) The Contractor may be heard in person or
by counsel, may cross-examine witnesses and may offer witnesses, documentary
evidence and/or evidentiary depositions in defense of the debarment charges.
The committee will subpoena witnesses for the Contractor upon timely request.
Should Contractor fail to appear, the Committee shall proceed to hear the
state's evidence and make its recommendations to the Director or head of a
procurement agency.
(4) After
hearing the evidence the Committee will make recommendations to the Director or
head of the procurement agency.
(5)
The Director or head of a procurement agency will receive the recommendation
and review the record of the hearing and make a decision regarding the
debarment.
(e) Decision.
The written decision concerning debar-ment will be sent to the contractor
within fourteen (14) days and shall state the reasons for the action taken and
shall inform the debarred person involved of his rights to judicial
review.
(f) Other remedies. The
procedures in this section shall not preclude the taking of other action by the
state, based on the same facts, as may be otherwise available, either at law or
in equity.
(g) Distribution of
decisions. All agency procurement officials shall send a copy of any
determination of debar-ment to the Office of State Procurement and the Office
of State Procurement shall post the results of any debarment on the OSP website
www.arkansas.gov/dfa/procurement
R1:
19-11-265
Review Requirements of Technical and General
Service Contracts as defined in ACA
19-11-265(a)(1)
(a) Amendments to contracts that were
originally reviewed by Legislative Council or Joint Budget Committee. An
amendment will require review by Legislative Council or Joint Budget Committee
prior to approval by the Department of Finance and Administration if the
original contract was reviewed by Legislative Council or Joint Budget Committee
and the amendment increases the dollar amount and/or involves major changes in
the objectives and scope of the contract.
(b) Amendments to contracts that originally
did not require review by Legislative Council or Joint Budget Committee. Any
amendment which increases the total dollar amount of a technical or general
services contract to exceed the sum of One Hundred Thousand Dollars ($100,000),
shall require review by the Legislative Council or Joint Budget Committee,
prior to the approval of the Department of Finance and Administration and
before the execution date of the amendment. The amendment along with a copy of
the original contract and any attachments thereto must be submitted to the
Office of State Procurement.
R2:
19-11-265
Technical and General Services Contract
Form
Each contract should be completed using the appropriate contract form
found at: www.arkansas.gov/dfa/procurement
R3: 19-11-265
Disclosure Requirements
for Technical and General Service Contracts
(1) No contract for Technical or general
services greater than the dollar limit established by Executive Order 98-04,
shall be awarded, extended, amended, or renewed by any agency to any contractor
who has not disclosed as required in Executive Order 98-04. However, contracts
with another government entity such as a state agency, public education
institution, federal government entity, or body of a local government are
exempt from Executive Order 98-04 disclosure requirements.
(2) No contract for technical or general
services greater than the dollar limit established by the ACA §
19-11-105
Illegal Immigrant Certification program shall be awarded extended, amended or
renewed by any agency to any contractor or subcontractor who has not completed
the proper certification.
(3) The
failure of any person or entity to disclose as required under any term of
Executive Order 98-04, the ACA §
19-11-105
Illegal Immigrant Certification requests or the violation of any rule,
regulation or policy promulgated by the Department of Finance and
Administration pursuant to this Order shall be considered a material breach of
the terms of the contract, lease, purchase agreement, or grant and shall
subject the party failing to disclose, or in violation, to all legal remedies
available to the agency under the provisions of existing
law.
R1: 19-11-802
Request for Qualifications (RFQ)
Procurement Method Used in the Establishment of
Professional and Consultant Service Contracts
Request for Qualifications (RFQ): The Request for Qualifications is,
in the absence of sole source justification, the procurement method recommended
when contracting for architectural, engineering, land surveying and legal
services. It may also be used, with prior approval from the Office of State
Procurement, as the selection method for other PCS contracts when it is
determined to be the most suitable method of contracting. The RFQ is sent to
those vendors whose work resume' indicates they are best suited to per-form the
work specified. Notification to the public shall be in accordance with the
provisions of Arkansas Code Annotated § 19-ll-229 (d). The agency makes
its initial selection based upon the respondent's qualifications. Only after
the most qualified respondent is identified does cost become a factor in
determining the award. Discussions may be conducted with responsible offerors
who, based upon qualifications submitted, are determined to be reasonably
susceptible of being selected for the purpose of clarification to assure full
understanding of, and responsiveness to, the solicitation requirements, and to
obtain best and final offers.
R3:
19-11-1008
Procedures for approval of information technology
products or services
Agencies must submit to the Department of Finance and Administration
Office of Intergovernmental Services State Technology Planning (STP) any
Invitation for Bid (IFB), Request for Proposal (RFP) or Request for
Qualifications (RFQ) for Information Technology products or services where the
anticipated cost is One Hundred Thousand Dollars ($100,000) or more. In
addition, any IFB, RFP or RFQ that includes Information Technology products or
services as part of the IFB, RFP or RFQ, where that part may be One Hundred
Thousand Dollars ($100,000) or more, must be submitted to STP for approval.
Documentation regarding sole source and emergency procurements that include
Information Technology products or services of One Hundred Thousand Dollars
($100,000) or more must also be submitted to STP for approval.
If approved by STP, STP will provide a letter of approval to the Office
of State Procurement prior to processing the procurement. STP shall have ten
(10) business days from receipt of the documents to complete the necessary
review. If the STP review is not completed within the timeframe allowed, the
agency and STP must mutually agree to an extension of the review
process.
In the event a state agency and STP are unable to resolve a dispute,
the matter shall jointly be referred to the director of the Department of
Finance and Administration for resolution.
R1: 19-11-1202
Definitions
(a) "ESCO" means an energy service company
which makes recommendations to the agencies regarding energy efficiency
upgrades, provides labor to perform energy upgrades, finances the energy
improvements and guarantees energy savings to the agencies.
(b) "Energy consultant" means a company which
assists the agencies in developing their energy cost savings project bid
documents, evaluates proposals and makes recommendations for award.
(c) "Energy consultants are prohibited from
performing the tasks of an ESCO and vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of
July 2007.
______________________________
Richard A. Weiss, Director
AR Dept. of Finance &
Administration
