Current through Register Vol. 49, No. 2, February 2024
Pursuant to the authority vested in the Director of the Office of State
Procurement by Ark. Code Ann. §
19-11-217
and in compliance with the Arkansas Procedure Act, Ark. Code Ann. §
25-15-201 et
seq., the Director of the Office of State Procurement, with the approval of the
Director of the Department of Finance and Administration, as evidenced by his
signature below, does hereby promulgate and amend the following rules for the
enforcement and administration of the Arkansas Procurement Code.
R3: 19-11-203.
Proprietary
Software
Software exemption under subsection (14)(BB) does not apply to the
initial purchase of proprietary software. Nor does the exemption apply to the
purchase of software that is part of any mandatory software contract. Exempt
software purchases shall include the purchase of additional proprietary
software licenses, copies, license renewals, software upgrades, and proprietary
software support for proprietary software after the initial
purchase.
R4: 19-11-203.
Signatures defined
The definition of "signed" for the purposes of submitting a
solicitation response can be found in the Uniform Commercial Code, Ark. Code
Ann. §
4-1-201(39)
(General Definitions), which "...includes any symbol executed or adopted by a
party with present intention to authenticate a writing." Allowance should
therefore be made for any mark or writing, whether printed or cursive, which
that person uses as his signature. Electronic signatures shall also be
permitted, unless otherwise prohibited by law, pursuant to Ark. Code Ann.
§
25-32-107.
R5: 19-11-203.
Tax-Supported
Institutions defined.
" Tax-supported institutions" means institutions that derive at least
fifty percent (50%) of their revenue by appropriation from a taxing
jurisdiction.
R5: 19-11-217.
State Certification.
The State Procurement Director may create a statewide procurement
training and certification program to advance state agency procurement
personnel's knowledge.
R1:
19-11-221.
Sale, acquisition or use of commodities by a
public procurement unit.
Department of Correction Industry Program.
(1) The Department of Correction is
authorized to enter into contracts, purchase orders, compacts or agreements
with the appropriate officials of agencies of other states or of the federal
government for the buying and selling of raw materials, goods and products
produced by and belonging to their respective institutions. The buying and
selling of these materials will be for the purpose of producing finished
products through a correctional industries program.
(2) The Department of Correction shall be
governed by Ark. Code Ann. §
12-30-101
et seq., §
12-30-201 et
seq., and other appropriate laws when utilizing the provisions of these
regulations. The procurement official/agent for the Department of Correction is
authorized to enter into contracts, orders, compacts or agreements pursuant to
these regulations.
(3) Copies of
all such contracts, orders, compacts or agreements entered into under the
provisions of this regulation shall be kept by the Department of Correction
with respect to all transactions, deliveries, and obligations under each
contract, compact, or agreement
(4)
All records and reports required pursuant to this regulation shall be available
to public inspection during normal business hours, and shall be retained for a
period of five (5) years after completion of the contract, compact, or
agreement.
R1: 19-11-230
Competitive sealed proposals
Request for Proposals for which OSP is responsible shall be posted on
the OSP website in adequate time to allow response.
R2: 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.
R3:
19-11-230.
Competitive sealed proposals.
Proposal submission.
(1)
Bidders shall submit proposals at the place and on or before the date and time
set in the Request for Proposal. Proposals received after the date and time
designated for the proposal opening are considered late and shall not be
considered.
(2) All proposals and
any modifications to the proposals previously filed, received prior to the date
and time fixed for opening the proposals, shall be kept secure and unopened. If
a proposal is submitted and the Request for Proposals number is not clearly
marked to indicate the date and time of the proposal opening the State
Procurement Director or agency procurement official shall make a reasonable
attempt, including, but not limited to, opening, marking and resealing, to
determine which Request for Proposal the submission is for, resealing it and
shall open it formally at the date and time of that proposal opening.
(3) Retrieval of a proposal for purposes of
modification or withdrawal shall be permitted prior to date and time of opening
upon positive identification of a bona fide representative of the
business.
R4: 19-11-230.
Competitive sealed proposals.
Request for Proposals opening. The names of the bidders may be read
aloud. An abstract of proposals listing the names of bidders shall be prepared
by the entity responsible for the RFP and shall be retained in the Request for
Proposals file and shall be available for public inspection.
R5: 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 either by OSP or the college or
university agency procurement official. Evaluations will be conducted in
accordance with the OSP Policy. A written recommendation shall be made by the
evaluation committee and submitted by the chairperson to the State Procurement
Director or agency procurement official stating the basis on which the
recommendation for award was found to be most advantageous to the
state.
(b)
(1) Responsibility of offeror. Past
performance of an offeror may be used by the procurement agency to determine
whether the offeror is "responsible." No points for past performance may be
used in the evaluation scoring 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.
(i) Past performance on
contracts from other Arkansas State Agencies may also be used for evaluation.
Supporting documentation should be provided.
(ii) Past performance evaluation should not
take the place of suspension or debarment procedures.
(2) The awarding of points for references may
be used as evaluation scoring criteria if set forth in the
solicitation.
(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. Documentation of the coin flip must be included on the abstract or
proposal history sheet and be signed by both parties.
R6: 19-11-230.
Rejection.
Grounds for rejection of proposals include but shall not be limited
to:
(1) failure of a proposal to
conform to the essential requirements of a Request for Proposals;
(2) a proposal imposing conditions which
would modify the stated terms and conditions of the Request for
Proposal;
(3) any proposal
determined by the procurement official in writing to be unreasonable as to
price;
(4) failure to furnish a
bond when required by a Request for Proposals; and
(5) any or all proposals when the procurement
official makes a written determination that it is in the best interest of the
State.
R7: 19-11-230.
Correction or withdrawal of proposals.
(1) The State Procurement Director or agency
procurement official may waive technicalities or minor irregularities in
proposals which do not affect the material substance of the Request for
Proposals when it is in the State's best interest to do so.
(2) Amendments to proposals shall be allowed
if the amendments are in writing and signed, are received prior to the date and
time of the proposal opening, and clearly indicate the date and time of
proposal opening and Request for Proposals number.
(3) If there is a suspected proposal mistake,
the State Procurement Director or agency procurement official may request
confirmation of a proposal and shall request the confirmation to be made in
writing. The response of any bidder who fails or refuses to clarify in writing
within a reasonable time any matter contained in his proposal shall be
rejected. The written clarification shall become a part of the contract awarded
on the basis of that proposal.
(4)
Proposal prices shall not be increased after the date and hour of the proposal
opening.
(5) When a mistake in a
proposal is claimed by the vendor prior to award and the evidence is clear and
convincing that a material mistake was made in the proposal, and that due to
such mistake the proposal submitted was not the proposal intended, the bidder
may be permitted to withdraw his proposal.
R8: 19-11-230.
Negotiations.
(a) Negotiation of Request for Proposals
should be authorized in those cases where the best interests of the State are
served. Negotiations are begun with the highest ranked offeror based on the
scores as established in the Request for Proposals' scoring criteria. If a
satisfactorily negotiated contract cannot be developed, the bidder may be
declared non-responsive and time permitting, the negotiation process may be
repeated with the next respondent deemed most likely to be awarded a
contract.
(b) Prior to negotiation,
the Request for Proposals file must include documentation giving the stated
purpose for the negotiation and the objective to be achieved.
(c) An agency should investigate with the
provider determined most likely to be awarded a contract, factors affecting the
price, performance, and scope of services to be offered including current
market conditions.
(d) Prior to
initiating negotiations, 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) Adjustments to the scheduled delivery of
services that may have an impact on price.
(3) Acceptable modifications in the overall
scope of work.
(4) A prioritized
list of acceptable changes in services that may result in price
reduction.
(5) Timetable for
completion of negotiation.
(e) No part of any negotiation plan shall be
revealed to bidder(s) or made available for public review until after a contact
award.
(f) An acceptable negotiated
contract shall list the agreed upon terms, conditions, specifications,
quantities and pricing, and be signed by the agency and the provider.
(g) All proposals may be rejected if, after
evaluation of the proposals, including consideration of any clarifying or
explanatory information submitted by the bidders, it is determined by the
procurement official that no satisfactory proposal has been
received.
R9: 19-11-230.
Cancellation of the Request for Proposals.
A notice of cancellation of an OSP Request for Proposals shall be
posted on the OSP website. The proposals may be returned if properly
identified.
R10: 19-11-230.
Ethical standards.
In accordance with Ark. Code Ann. §
19-11-708(a),
(b), and (c), the following statement must be
conspicuously set forth in all contracts and solicitations costing more than
$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."
R11: 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 Proposals (RFP) or Request for
Qualifications (RFQ) for Information Technology products or services where the
anticipated cost is $100,000.00 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 $100,000.00 or more, must be submitted to STP for
approval.
If approved by STP, a letter of approval must be submitted to the
Office of State Procurement prior to release of the Request for Proposals. STP
shall have ten (10) business days from receipt of the Request for Proposals
documents to complete the necessary reviews. If the STP review is not completed
within the time frame allowed, the agency and STP must mutually agree to an
extension of the review process.
R1:
19-11-235.
Nonresponsibility.
(a)
(1)
Determination of responsibility is made prior to the award of a
contract.
(2) A non-responsible
bidder or offeror is one who has been determined through evaluation of
bid/offer to lack the capability, integrity and/or reliability to fully perform
the contract.
(b)
Determination of responsibility may include, but not be limited to, one or any
combination of the following:
(1) the ability,
capacity and skill to perform the contract or provide the service;
(2) the responsibility and experience of the
business;
(3) the quality of
performance on previous contracts or services;
(4) the previous and existing compliance by
the business with laws relating to the contract or services;
(5) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the
services.
R1:
19-11-242.
Agency commodity management procedures
Disposition of commodities other than computers and electronic
equipment.
(a) Resale. Marketing and
Redistribution ("M & R") shall make available to agencies and tax supported
entities commodities in serviceable condition and/or commodities of potential
use by agencies or tax supported entities for a twenty-day period prior to
making them available to the general public. During the twenty-day hold period
commodities shall be sold to agencies or tax supported entities by Marketing
and Redistribution. Commodities that historically have not sold to agencies or
tax supported entities or items that are unserviceable may be offered for sale
to the general public without the requirement of the twenty-day hold period.
The Director may waive the 20 day requirement when he determines that such
waiver is in the state's best interest.
(b) Intrastate Agency Sale. Commodities that
are no longer needed by an agency may be sold to another agency by completing
and submitting an Intrastate Agency Sale Form, which can be found on the M
& R website under forms, to Marketing & Redistribution. This form shall
be completed and forwarded electronically from the selling agency to the
purchasing agency, then to M & R, where it is forwarded to DFA Office of
Accounting for completion and transfer of funds.
(c) Disposal. When commodities have no scrap
or resale value, a certificate of property disposal ("CPD") form shall be
submitted to Marketing and Redistribution, which shall then return to the
requestor within ten (10) working days, a certificate of property disposal
authorization, indicating the proper handling procedure for the
commodities.
(d) Cannibalization.
"Cannibalization" means the process whereby a nonexpendable surplus or excess
commodity is dismantled for parts to be used as replacements or as components
of other machines or devices.
(1) The
disassembly of an item for use of its component parts for repair or maintenance
of a similar item will only be authorized if such action has greater potential
value and benefit than disposal or trade-in of the item in its existing form.
Authorization for cannibalization shall be approved by Marketing and
Redistribution prior to any disassembly or removal of components parts. If
authorized, the item will be removed from the agency's property listing by the
requesting agency. Any residual material remaining after cannibalization must
be processed through Marketing and Redistribution. Requests for authorization
for cannibalization shall be expedited. If properly marked, authorization
should be returned to agency with ten (10) working days. It is understood that
there may be no residual material remaining after cannibalization, but if any,
residual material must be processed through Marketing and
Redistribution.
(2) Motor vehicles
eligible to be registered for highway use (cars and trucks), whether registered
or not, may be cannibalized after obtaining authorization from Marketing and
Redistribution. These vehicles WILL NOT be removed from the property listing
until the carcass of the vehicle has been disposed of by Marketing and
Redistribution. In no event shall more than ninety days (90) elapse between the
authorization of cannibalization and processing of the carcass by Marketing and
Redistribution. These procedures do not exempt an agency from compliance with
any other requirements relating to the disposal or acquisition of motor
vehicles.
(e) Handling
of Surplus Equipment. Agencies with surplus items must contact Marketing and
Redistribution to schedule a delivery or pick-up date. A Surplus Disposal Form
("SDF") shall be transmitted by the agency showing the agency name, address,
phone number, contact person and listing of all items with serial and property
numbers (if available). The Surplus Disposal Form will be processed by
Marketing and Redistribution when the surplus items are delivered or picked
up.
R1: 19-11-243.
Allocation of proceeds from sale or disposal of surplus
commodities
(a) Using agency. The
allocation of proceeds from the sale, lease, or disposal of surplus
commodities, and proceeds from an insurance policy for loss of property because
of fire, storm or other causes, less appropriate fees, will be made and
deposited to the using agency which had possession of the commodity. Such
allocations and deposits will be made at the sooner of when the using agency's
account balance has reached at least fifty dollars ($50.00) or the end of each
fiscal year.
(b) Fee schedule. The
Office of State Procurement will develop a fee schedule to defray the costs of
the commodity management program. The fee schedule will set forth various
charges for services rendered.
R1:
19-11-244.
Protest Periods
(a) The statute allows for two periods in
which protests may be lodged. The first such period to protest is open to any
"actual or prospective bidder, offeror, or contractor" who takes issue with the
specifications contained in a solicitation. Such person may protest the
solicitation in writing no later than seventy-two (72) hours before the date
and time specified in the solicitation.
(b) The second such period to protest is open
only to those persons who actually submitted bids or responses to a
solicitation. Such persons may protest the award of a contract in writing
within fourteen (14) calendar days after they know or should have known of the
facts giving rise to their protest.
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) repeated failure of a
vendor or any of its owners to pay all outstanding tax liabilities to the State
of Arkansas;
(A) "repeated failure" shall
include, but not be limited to,
(i) the
existence of seven (7) or more certificates of indebtedness, liens, or other
evidence of tax indebtedness that are in the public record during any biennial
period;
(ii) the suspension or
revocation of a state excise tax permit or any other state permit for
non-payment of taxes;
(iii) the
existence of three (3) or more writs of garnishment issued for non-payment of
taxes during any biennial period;
(B) This rule shall not apply to
(i) tax debts that are the subject of an
administrative or judicial proceeding contesting the validity of such debt
until such proceedings are concluded and such tax debts are adjudicated to be
valid, or
(ii) any outstanding
individual tax liability of a non-owner employee of a vendor or that of
non-controlling, individual shareholders in a Subchapter C
corporation;
(13) 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; or violation of the
ethical standards set forth in Ark. Code Ann. §
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 at least fourteen (14)
days prior to said hearing. Such notification shall state the facts of any
allegation or claim. The State Procurement Director or the head of a
procurement agency shall consult with the Attorney General or his designee
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 qualified individuals, from
government and private industry to hear the Debarment proceedings.
(2) The Attorney General or his designee
representing the Director or the 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 debarment will be sent to the contractor within
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 debarment to the Office of State Procurement and the Office of
State Procurement shall post the results of any debarment on the OSP
website.
R4: 19-11-265.
Reporting of Contracts for Commodities including Services with a
projected total cost greater than $250,000
These are contracts where the purchase of the commodities/equipment
includes services that an agency would not purchase
independently.
R2: 19-11-902
Work center certification
(a)
Before commodities and services may be procured from Work Centers, the Work
Center will be required to maintain evidence of: certification from the United
States Department of Labor as a "sheltered workshop" and a license from the
Division of Developmental Disabilities Services of the Arkansas Department of
Human Services or certification from Arkansas Rehabilitation
Services.
(b) Before commodities or
services may be procured from a work center for the blind, such work center
will be required to maintain evidence of certification from the Division of
Services for the Blind of the Department of Human Services.
R1: 19-11-1008
Procedures for Approval
of Architects, Engineers and Land Surveyor Contracts
With the exception of those agencies exempt from Arkansas Building
Authority review, all contracts for architectural, engineering and land
surveyor services must be first reviewed by the Arkansas Building Authority for
its recommendation and approval as to the propriety and legality of the
contract. Agencies shall submit contracts requiring ABA review in accordance
with the time guidelines as prescribed on the Office of State Procurement
website. After receiving the recommendation and approval of the Arkansas
Building Authority, the Office of State Procurement of the Department of
Finance and Administration shall review and prepare such contracts for their
ultimate submission to the Arkansas Legislative Council or the Joint Budget
Committee.
In the event Arkansas Building Authority refuses to give a favorable
recommendation to the propriety of a contract, the agency involved may request
the Legislative Council to review the decision of Arkansas Building Authority.
The Legislative Council may then request the Arkansas Building Authority to
review their previous decision, abide by the decision of the Arkansas Building
Authority, or request the agency to make changes in the contract.
In no event shall the Arkansas Building Authority have the final
authority to deny a contract solely on the basis of its
propriety.
R2: 19-11-1012.
Contract Dates.
For each professional and consultant service contract, the agency is
required to enter the beginning and ending date of the contract. The beginning
date of all contracts shall be defined as the date upon which performance of
the services to be rendered under the contract are to begin and not the date
upon which the agreement was made. This date should be arrived at with emphasis
placed on the following:
(a) any
contract or amendment to a contract that requires review by the Legislative
Council Committee must be submitted to the Department of Finance and
Administration, Office of State Procurement, in accordance with the time
guidelines as prescribed on the Office of State Procurement website. The
beginning date of the contract must not precede the date of the Arkansas
Legislative Council meeting in which such contract is to be reviewed. The
Legislative Council or the Joint Budget Committee, when the General Assembly is
in session, shall provide the Chief Fiscal Officer with their review as to the
propriety of the contract within thirty (30) days of said submission;
(b) all contracts greater than $25,000,
unless specifically excepted, must be filed with the Department of Finance and
Administration and/or the Office of Construction of the Arkansas Building
Authority.
R4:
19-11-1012.
Professional and Consultant Service Contract
Form Each contract should be completed and include the following
information:
(1) agency assigned
contract number or outline agreement and amendment number. For those contracts
for which payment will be made wholly or in part against a Method of Financing,
enter the assigned Method of Financing on the contract form.
(2) date the agreement was signed by the
agency and the contractor, the outline agreement or contract number and the
vendor number. Also enter the agency's code (or business area) and title,
division, if applicable, and the contractor's Federal ID number, name and
address.
(3) funding source: State,
Federal, Cash, Trust or Other (specify).
(4) any resources to be provided by the
agency to the contractor as part of the agreement.
(5) name of the agency representative who
will represent the agency in coordinating the work of the contractor.
(6) disclose all information as required
under the terms of any existing Executive Order. The contractor shall also
require the subcontractor to disclose the same information. Any existing
Contract and Grant Disclosure and Certification Form shall be used for this
purpose.
R1: 22-8-102.
Authority of Director
(a) For the
purposes of this subsection, "the director" shall refer to the Director of the
Office of State Procurement.
(b)
All state agencies shall submit a written request to the State Procurement
Director specifying all needed requirements for a lease of a vehicle. The
Office of State Procurement will issue the solicitation based upon the criteria
set forth by the agency to determine the lowest responsible and responsive
bidder. The Office of State Procurement will award the contract for the lease
after review by the Arkansas Legislative Council, or Joint Budget Committee
when the General Assembly is in session.
