Current through Register Vol. 49, No. 9, September, 2024
Chapter 601
Title: DHS Purchasing Authority General Provisions
I.
PURPOSE:
To provide the Department of Human Services (DHS) with uniform
departmental procedures for the acquisition of goods (commodities) and
technical services, in accordance with Arkansas Procurement Law & Rules
(Regulations) (Arkansas Code Annotated [A.C.A.] §§
19-11-101 et seq.) and the
Arkansas Building Services Act.
II.
SCOPE:
A. These procedures are applicable to all DHS
divisions, offices, and facilities*.
B. The DHS, Office of Finance and
Administration (OFA), Contract Support Section (CSS), Commodities Purchasing
Unit (CPU) has the authority for purchasing for:
1. The central offices and field offices,
and
2. The facilities*, for those
purchases exceeding $25,000
C. The purchasing units for the DHS
facilities have authority for purchasing for their facility all purchases that
do NOT exceed $25,000 (EXCEPT for printing of any dollar amount,
which MUST be purchased by a CPU Purchasing Agent w ho has the proper
delegation order from Office of State Procurement (OSP) to purchase printing,
or by OSP.
D. The Office of Systems
and Technology (OST) purchasing unit has authority for purchasing all
computers, computer peripherals, and products/systems that are to be connected
to the DHS network.
* The term "facilities", as used in this Chapter, refers to
the DHS Human Development Centers, Arkansas State Hospital, and Arkansas Health
Center.
III.
PROCEDURES: ETHICS
A. Ethics requirements in public contracting
are found in A.C.A. §§
19-11-701 - 716. Any employee w ho
know ingly violates any of the Ethics provisions may be subject to criminal
prosecution.
B. The follow ing
statement must be included in all solicitations (procurements) and contracts
(including purchase orders) for purchases exceeding $5,000 (A.C.A. §
19-11-708) :
" 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 of bona fide
established commercial selling agencies maintained by the contractor for the
purpose of securing business."
IV.
PROCEDURES: PURCHASING DOCUMENTS
NOTE:
a.)
As stated in the DFA Financial Management Guide, R2:
19-4-1210, Department of Finance
and Administration, Office of Accounting (DFA, OA) recommends using the "vendor
invoice with a purchase order" process whenever possible instead of the
direct-invoice payment method.
b.)
Agencies must prepare the proper purchasing documents BEFORE purchases are
made.
c.) Arkansas Administrative
Statewide Information System (AASIS) is the State system in which purchases are
requested, purchase orders are created, and payment is made. The AASIS
purchasing roles include:
* Agency Procurement Technician
* Agency Procurement Specialist
* Agency Procurement Manager
d.) For proper separation of duties,
individuals CANNOT possess purchasing roles that allow them to enter successive
purchasing transactions in AASIS.
A. Purchase
Requisition
1. The first step in the purchase
or procurement process is to formally request the purchase. In accordance with
any and all purchasing requirements specific to the division, the Agency
Procurement Technician shall enter the requisition into AASIS.
2. The purchase requisition:
* Establishes a commitment of appropriations when the
requisition is created;
* Creates a unique requisition number for each
requisition;
* Allows users to suggest several potential vendors for
items;
* Tracks the progress of the requisition through AASIS.
3. An Agency Procurement Manager,
with proper level of authority in AASIS, shall review and approve the
requisition in AASIS as a legal expenditure of the State. For purchases that
exceed $25,000, a second approval by an Agency Procurement Manager with the
proper level of authority in AASIS is required.
B. Purchase Order
1. Once the purchase requisition has been
entered and approved, the Agency Procurement Specialist (Purchasing Agent), in
accordance with the Arkansas Procurement Law and Rules and DHS policy, shall
create the purchase order.
a. Purchasing
Agents in CPU shall create the purchase orders for central office and field
offices and for those facility purchases exceeding $25,000.
b. Purchasing Agents in the facilities shall
create their purchase orders for purchases not exceeding $25,000 (EXCEPT for
printing of any dollar amount, which MUST be purchased by a CPU
Purchasing Agent who has the proper delegation order from OSP to purchase
printing or by OSP).
2.
The Agency Procurement Manager in CPU or the facility shall review and approve
the purchase order in AASIS. For those purchase orders that are coded as
Emergency or Sole Source, a second approval by OSP is required.
3. Once the purchase order has been approved,
the Agency Procurement Specialist (Purchasing Agent) shall print the purchase
order and send a signed copy to the vendor.
4. A purchase order is the basic document
used to complete the contractual obligation between the buyer and seller. If
cancellation of or change to a purchase order is necessary, the Purchasing
Agent who created the purchase order should be the one to cancel or change it.
V.
PROCEDURES: APPROVALS
A. The follow ing purchases require prior
approvals:
1.
Promotional Items
a. These are items:
(1.) That are provided as an incentive to an
individual, or to recognize or reward an individual for something he/she has
done. Items of this nature shall NOT be purchased for DHS employees; rather
they may be purchased for clients, residents, volunteers, potential foster
parents, and adoptive parents, OR
(2.) That are for promotion of specific
programs used in educating potential clients of available services.
b. Examples of promotional items
include trophies, certificates, gifts, prizes, t-shirts, aprons, tote bags,
refrigerator magnets, and coffee mugs.
c. In accordance with OSP Policy Directive
#02-03, the purchase of promotional items is allowable ONLY under the following
circumstances:
(1.) It is authorized in a
State or Federal grant, OR
(2.) It
is authorized by specific language in the agency's appropriation act.
d. Even if the purchase is
allowable under either of the above two circumstances, prior approval of the
DHS Chief Fiscal Officer (CFO) is still required. The request for approval
shall be submitted in the form of a memorandum or letter from the Division
Director to the DHS CFO, providing enough information so it can be ascertained
that the proposed expenditure is ultimately for the benefit of DHS
clients.
e. Requests for exceptions
to this policy shall be in the form of a letter of justification signed by the
Division Director, submitted to the DHS CFO for approval, and approved by the
OSP Director.
2.
Prepayment for Goods and Services
The Division Director must approve prepayments in a signed
memorandum. The Purchasing Agent must attach the approval memorandum, w ith an
invoice describing the purchase, cost, and the reason for prepayment, to the
purchase order and submit it to Accounts Payable Unit for processing.
3.
Memberships and
Subscriptions
Agency membership may be paid when such membership is in the
name of the agency and such membership is not in a community
organization.
In the event the membership is in the name of an individual, or
the membership is in a community organization, the Division Director must
approve in writing the payment of such dues. The approval shall justify the
payment, explaining how the payment for said membership is in the best interest
of the State agency and necessary to carrying out the purposes of the agency.
Such approval shall be included in the documentation (attached to the
disbursing document) of the agency's financial records and made available for
audit purposes.
4.
Tuition and Books for Clients and Employees
a. These expenses on behalf of clients
are permissible as prescribed by law, regulation, policy, court order,
or official program plan. The cost should be well documented in the case files
as w ell as accounting records. The Division Director must approve
them.
b. Payment of tuition and
books for employees w ill be made only as prescribed by official
DHS personnel development policy. See DHS Policy 1048 and R1 -
19-4-1103, as found in the DFA
Financial Management Guide, for more information.
5.
Uniforms and Clothing for
Employeesa. In accordance with ACA
§
19-4-1601, purchase of uniforms
and clothing for employees is allow ed only w hen prescribed by State law in
Special Language. Such a purchase requires the prior approval of the DHS
CFO.
b. Payments will not be made
for the replacement of damaged clothing due to adverse incidents related to
client w ork in institutions; however, those employees have the right to file a
claim for damages with the Arkansas State Claims Commission.
c. Should an employee experience broken
eyeglasses, dentures, or some other health or physical damage not covered by
Workers Compensation benefits, the employee may file a request for
reimbursement of such with the Division Director through proper management
channels and provide an incident report to support the request. Upon his or her
approval, the Division Director shall provide a memorandum or letter to the DHS
CFO requesting that the employee be reimbursed for such expenses after
appropriate receipts are provided.
6.
Goods and Technical Services
Accepted/Rendered Prior to Date of Contract or Purchase Order
a. Goods and technical services shall not be
accepted or rendered prior to the acceptance of a contractual agreement (i.e.,
purchase order or contract).
b. In
the event that goods or technical services
not exceeding $5,000
are rendered prior to the issuance of a contract/purchase order
being in effect, Division Director shall prepare a request to the DHS CFO for
approval of a post-delivery purchase order. The request shall address the
following:
The reason the goods or technical services were provided
without benefit of a contract/purchase order being in place;
The amount of the charges that were incurred without a
contract/purchase order being in place;
Request for approval of charges incurred in violation of
procurement law.
c. In the
event that goods or technical services
exceeding
$5,000 are rendered prior to the issuance of a contract/purchase
order being in effect, Division Director shall prepare a request to the OSP
Director for ratification of charges that were incurred. The division shall
submit the request to CPU for routing to OSP. The request shall address the
following:
The reason the goods or technical services were provided
without benefit of a contract/purchase order being in place;
The amount of the charges that were incurred without a
contract/purchase order being in place;
Confirmation, if applicable, that neither the vendor nor the
agency acted fraudulently or in bad faith;
The steps taken by the division to prevent such an occurrence
in the future;
Request for ratification of charges incurred in violation of
procurement law.
7.
Temporary Contract Labor
a. Occasionally, an agency undertakes special
programs or is subject to seasonal fluctuations that temporarily increase the
workload beyond the capabilities of the agency's regular staff. Such situations
may necessitate utilizing contract labor from " Temporary Help" agencies to be
paid out of the maintenance and operations line item of the agency's
appropriation. The vendor w ill bill the user agency for the service at the end
of the contract.
b. In accordance w
ith R 3-19-4 -1601 in the DFA Financial Management Guide, no agency may employ
contract labor for a period longer than six consecutive w eeks at intervals of
no more than once per calendar quarter. An individual hired as contract labor
may work a maximum of 240 hours per calendar quarter. The individual may w ork
more than six consecutive w eeks if less than 240 hours have been worked during
the quarter, but he or she may NOT work more than 240 hours in any quarter. The
only exception is legislative authority to exceed these limits.
c. Prior approval of the Division Director is
required if the temporary contract labor is clerical.
8.
Funeral Expenses
DHS w ill only pay funeral expenses of a client or individual
in the custody or care of DHS. The Division Director must review and approve in
w riting each request for payment prior to issuance of a purchase order.
B. Divisions must obtain
all approvals before entering requisitions into AASIS.
Upon the receipt in AASIS of incomplete requisitions or
requisitions lacking proper approval, CPU shall retain the requisitions on
their screens no longer than thirty days. If corrections have not been made or
approvals have not been entered at the end of thirty days, Purchasing Agents
may delete the requisition. Purchasing Agents shall notify the division of any
requisitions they delete.
VI.
PROCEDURES: MINORITY PURCHASES
A. The Minority Business Economic Development
Act (A.C.A. §§
15-4-312 - 319) established an
annual procurement goal of ten percent for a State agency's minority purchases.
Arkansas law defines "minority" as " African American, Hispanic American,
American Indian, Asian American, or Pacific Islander American."
B. When competitive bids are taken, at least
one shall be from a minority business, if possible.
C. CPU is responsible for creation of, and
monitoring of progress in accordance w ith, the annual DHS Minority Purchasing
Plan.
VII.
PROCEDURES: PURCHASE ORDER CLOSE-OUT
A. Prior to the end of each fiscal year,
purchase orders with an outstanding balance must be reviewed and, if possible,
closed to invoicing. This releases all encumbered monies and w ill give an
accurate available funds account.
B. DHS facility purchasing units shall close
their own purchase orders. CPU shall close purchase orders for field offices
and central office, upon requests from the divisions.
VIII.
PROCEDURES: METHODS OF PROCUREMENT
The follow ing procurement methods shall be utilized in
purchasing goods and technical services:
A.
Small Procurement:
(See A.C.A. §§
19-11-231 and
19-11-204 [12])
1. The Small Procurement (also known as the
Small Order [SO]) method shall be used for those purchases that do not exceed a
total purchase price of $5,000 (per vendor, per commodity/service, per fiscal
year), that are not subject to Amendment 54 to the Arkansas Constitution, and
that are not included on State contract. SO purchases may be procured w ithout
seeking competitive bids; how ever, competition should be used to the maximum
extent practicable.
2. Procurements
shall NOT be artificially divided so as to constitute Small Procurements.
NOTE: Purchase of commodities subject to Amendment
54 to the Arkansas Constitution (printing, stationery, and paper and ink used
to produce stationery) must be procured in accordance w ith Competitive Bidding
or Competitive Sealed Bidding, regardless of the amount.
B.
Competitive Bidding:
(See A.C.A. §
19-11-234)
1. The Competitive Bid method, at a minimum,
shall be used for those purchases that exceed $5,000 but do not exceed $25,000
(per vendor, per commodity/service, per fiscal year). If circumstances w
arrant, the procurement official MAY utilize the more restrictive Competitive
Sealed Bid for such purchases (see Competitive Sealed Bid below).
2. Competitive Bidding shall NOT be used for
legal, architectural, engineering, construction management, and land
surveying.
3. The bid
request should be in w ritten form, providing adequate
detail to allow the bidder to make a reasonable bid. All terms and conditions
that are intended to be included in the resultant agreement should be included
in the bid request. Bids should be requested ONLY from entities that offer or
sell the goods or technical services to be purchased.
4. The bids should be in written form if at
all possible. If the bidder does not or w ill not put his/her bid in writing,
the Purchasing Agent should confirm the bid in writing to the bidder.
5. Purchasing Agent should record the bids on
the Competitive Bid Quotation Form authorized by the OSP Director.
6. If three bids are not obtained, the
Competitive Bid Quotation Form must show the names of at least three firms
contacted or show w hy three firms were not contacted.
7. The aw ard shall be given to the bidder w
ho has submitted the low est bid and w ho meets the requirements, criteria, and
specifications.
8. Repeated SO
procurements to circumvent the competitive bid limits are prohibited.
9. Goods and services may be procured by the
competitive bid method, regardless of w hether or not an option for
extension(s) is included, as long as the value of the initial agreement does
not exceed $25,000 annually and none of the individual extension periods exceed
$25,000 annually.
Details regarding the statutory and regulatory
requirements are delineated in A.C.A. §
19-11-234 and must be
followed.
C.
Competitive Sealed Bidding:
(See A.C.A. §
19-11-229)
1. The Competitive Sealed Bidding method, at
a minimum, must be used for those purchases that exceed $25,000 per vendor, per
service/commodity, per fiscal year.
2. OSP has authority for procurements for
central office, field offices and facilities for purchases of goods and
technical services that exceed $25,000.
3. The Competitive Sealed Bidding method
requires:
a. Issuance of an invitation for
bids w ith a purchase description and all contractual terms and conditions
applicable to the procurement
b.
Public notice
c. Public,
contemporaneous opening of bids at a pre-designated time and place
d. Unconditional acceptance of a bid w ithout
alteration or correction, from all " responsible", " responsive" bidders
(i.e., those capable of performing the contract and those meeting the minimum
requirements set forth in the procurement)
e. Aw ard to the responsible, responsive
bidder who has submitted the low est bid that meets the requirements and
criteria set forth in the invitation for bids
4. The notice inviting bids shall be
published at least one time in at least one newspaper having general
circulation in the State or posted by electronic media. Notice shall be given
not fewer than five calendar days nor more than thirty calendar days preceding
the date for the opening of bids.
5. Bids shall be opened publicly in the
presence of one or more witnesses at the time and place designated in the
invitation for bids.
6. The
invitation for bids shall set forth the evaluation criteria to be used in
evaluation, and bids shall be evaluated solely on the requirements set forth in
the invitation for bids.
EXTENSIVE detail regarding the statutory and regulatory
requirements is delineated in A.C.A. §
19-11-229 and must be
followed.
D.
Competitive Sealed Proposal
(See A.C.A. §
19-11-230
)
1. With the Competitive Sealed Proposal
method, award is made to the responsible respondent w hose proposal is
determined to be the most advantageous considering price AND the other
evaluation criteria set forth in the request for proposals.
2. Public notice shall be given in the same
manner as for the Competitive Sealed Bid method.
3. The request for proposals shall include a
description of the item or service to be purchased, the specific criteria to be
used to evaluate the proposals, the relative importance of price and other
evaluation factors, the closing time and date, and other significant
information.
4. Award shall be made
to the responsible respondent whose proposal is determined to be the most
advantageous to the State, taking into consideration price, the other
evaluation factors set forth in the request for proposals, and the results of
any discussions conducted w ith responsible respondents. No other factors or
criteria shall be used in the evaluation.
5. Negotiation w ith respondents is allow
able only upon the approval of the OSP Director.
Extensive detail regarding the statutory and regulatory
requirements is delineated in A.C.A. §
19-11-230 and must be
followed.
E.
Sole Source:
(See
A.C.A. §
19-11-232)
1. The Sole Source method shall be used only
when, by virtue of the performance specifications, the goods or services are
available from a single source.
2.
Use of the Sole Source method requires prior approval by the OSP Director.
Documentation required to request prior approval includes:
a. A copy of the purchase order;
b. Justification;
1.) The reason the goods/services are
needed;
2.) Methods used to
determine that a lack of responsible/responsive competition exists for the
goods/service;
3.) How it w as
determined that the provider possesses exclusive capabilities;
4.) Why the goods/service are
unique;
5.) Whether or not there
are patent or proprietary rights which make the required goods/service
unavailable from other sources;
6.)
What the agency w ould do if the provider/service w ere no longer
available;
7.) Any program
considerations which make the use of a " Sole Source" critical to the
successful completion of the agency's task.
c. " Contract and Grant Disclosure and
Certification Form", if applicable.
3. For Central Office and Field Offices, and
for facility purchases that exceed $25,000, the division shall forward the
detailed justification electronically to CPU along w ith the requisition in
AASIS for processing. CPU shall enter the purchase order into AASIS as a Sole
Source purchase order, attach the justification and " Contract and Grant
Disclosure and Certification Form", and forward the request in AASIS to OSP
for its review and approval.
4. For
facility purchases that do not exceed $25,000, the facility requestor shall
electronically attach the Sole Source justification to the AASIS requisition
and shall notify CPU Supervisor by telephone or by e-mail of the requisition
number so he/she can go into AASIS and review the Sole Source justification.
Upon his/her approval of the Sole Source justification, the CPU Supervisor
shall notify the facility to proceed w ith the processing of its Sole Source
purchase order. CPU Supervisor shall also send an e-mail to OSP notifying them
of his/her review and approval. Upon receipt of the Supervisor's approval AND
of the purchase order in AASIS, OSP will review the purchase order and
justification in AASIS. If OSP approves, they will approve the purchase order
in AASIS.
Details regarding the statutory and regulatory
requirements are delineated in A.C.A. §
19-11-232 and must be
followed.
F.
Exempt Purchases:
(See A.C.A. §
19-11-203 and ACA §
19-11-251)
1. Certain goods and technical services are
exempt from the procurement law . A complete listing of the exempt goods and
services can be found at A.C.A. §
19-11-203(14).
2. State agencies and other governmental
agencies are exempt from the procurement law and can, therefore, be utilized as
providers of services or commodities without competitive
procurement.
G.
Emergency Purchases: (See A.C.A. §
19-11-233)
1. Emergency purchases are those which, if
not immediately initiated, will endanger human life or health, State property,
or the functional capability of a State agency.
2. CPU must be notified by telephone at the
earliest possible time to register the emergency. Approvals and other
procedures will be followed as circumstances permit.
3. The division must submit justification for
pre-approval by the OSP Director. This justification shall include:
a. A copy of the purchase order
b. A copy of the bid form, and
c. A written explanation of the
emergency.
4. The
division must, at a minimum, receive three competitive bids unless the
emergency is critical. If three bids are not obtained, the bid form must show
the names of at least three firms contacted or show why three firms were not
contacted.
Note: Approvals do not need to be given for an
item that is "exempt from procurement" (EL), e.g., medical and physicians'
fees. However, any purchase requires a purchase order or contract for payment
unless a written request is submitted and approved by the OSP Director, on a
case-by-case basis, justifying the services as a true
emergency.
IX.
PROCEDURES: BUSINESS ASSOCIATE AGREEMENT
A. Purchasing Agent shall secure the vendor's
signature on the Form DHS-4001, Business Associate Agreement (BAA) IF:
1. The division making the purchase is a
"covered entity"*;
2. The vendor is
acting for or on behalf of the agency; and
B. If a BAA is required, the Purchasing Agent
shall attach a copy of the signed form to the purchase order electronically and
shall retain the signed form in his/her records.
C. Some examples of purchases that WOULD
typically involve protected healthcare information include copier equipment,
pharmacy services, medical services, shredding services, drug screening
services, and dental services.
* "Covered entity" divisions include ALL EXCEPT
the following: Division of Child Care and Early Childhood Education;
Division of Children and Family Services Division of Services for the Blind;
Division of Volunteerism
X.
PROCEDURES: RECEIVING
Vendors w ill not be paid until the appropriate receipt of
goods or services has been entered into AASIS.
XI.
PROCEDURES: SPLITTING PURCHASES
Procurement units are responsible for consolidating requests
for certain goods and services and then competitively procuring as appropriate.
Repeated small procurements to circumvent the formal procurement threshold or
failure to conduct procurement without justification are violations of the
State Procurement Law.
XII.
PROCEDURES: VENDOR PERFORMANCE REPORT
A. To report unsatisfactory performance by a
vendor, staff should provide as much detail as possible to CPU (or to the
facility purchasing unit, for facility purchases not exceeding $25,000). After
direct communication between the Purchasing Agent and the vendor, and if the
vendor has failed to resolve the problem, the Purchasing Agent shall complete a
Vendor Performance Report detailing the circumstances.
B. He or she shall forward the Vendor
Performance Report to OSP and shall forw ard a copy to the vendor, giving the
vendor seven calendar days to respond to the complaints listed in the Report.
For those contracts they have procured, OSP shall issue a final ruling. For
those contracts procured by DHS, the DHS Purchasing Agent shall issue the final
ruling.
C. Vendor Performance
Reports become a permanent record in the vendor's file at OSP or at DHS and are
to be reviewed when considering any future contract actions w ith the involved
vendor.
NOTE: Vendor Performance Reports may also be used
to report extraordinary performance by a vendor.
XIII.
PROCEDURES: DISCLOSURE TO COMPLY WITH EXECUTIVE ORDER
98-04A. Executive Order 98-04 requires
that any provider of goods and technical services receiving in excess of
$25,000, either as contractor or subcontractor, must, as a condition of doing
business w ith the State, complete a " Contract and Grant Disclosure and
Certification Form" regarding past or present service as a legislator,
constitutional officer, or State employee by the provider or his or her
immediate family member(s).
Note: Governmental entities and public schools are
exempt from the requirement to complete a " Contract and Grant Disclosure and
Certification Form".
B. CPU
is responsible for ensuring the completion of the " Contract and Grant
Disclosure and Certification Form" by the contractor on new contracts and on
contract extensions, w hen applicable.
C. Questions concerning completion of the
forms shall be directed to CPU atP.O. Box 1437, Slot W302, Little Rock, AR
72203.
XIV.
PROCEDURES: ILLEGAL IMMIGRANT
CERTIFICATIONA. Contracts/purchase
orders for technical services exceeding $25,000 require the contractors to
certify on the OSP w ebsite that they do not contract with or employ any
illegal immigrants.
B. If the
contract/purchase order is to exceed $25,000.00
AND
is for technical services, as opposed to goods (commodities),
Purchasing Agent shall check the Illegal Immigrant Certification site on-line
to determine if the contractor has certified.
1. If the Purchasing Agent cannot determine
that the contractor has a current certification on file, the Purchasing Agent
shall notify the contractor that certification is a requirement for the
contract (purchase order) to be finalized.
NOTE: " Current" is defined as
having been entered by the contractor w ithin three months prior to the date
the Purchasing Agent checks the screen.
2. If the contractor has still not certified
after 5 business days, Purchasing Agent shall consult w ith his/her Supervisor
and shall notify the requestor of the reason for the delay.
XV.
PROCEDURES: STATE CONTRACTS
A. Some goods are on State contracts which
are procured and managed by OSP.
B.
Some State contracts are considered " mandatory", in that the goods or
services available on the contract MUST be bought from the vendor listed on the
contract unless an exemption is granted from OSP.
C. When feasible, items that are closely
fitting in description to (or are the approved equal of) items on a State
contract should be purchased from the State contract.
XVI.
PROCEDURES: MULTI-YEAR CONTRACTS (See
A.C.A. §
19-11-238)
A. The original term of a multi-year contract
shall terminate no later than the last day of the current period of legislative
appropriation. Any renew als shall not exceed the next succeeding period of
legislative appropriation.
B.
Unless otherw ise provided by law, a contract for goods or services may
continue for a total period of not more than seven years.
C. Determination Prior to Use
Prior to the utilization of a multi-year contract, it shall be
determined in w riting that:
1.
Estimated requirements cover the period of the contract and are reasonably firm
and continuing;
2. Such a contract
w ill serve the best interest of the State by encouraging effective competition
or otherw ise promoting economies in State procurement;
3. In the event of termination for any
reason, the contract provides for cessation of services or surrender by the
State of the goods (commodities) and repayment to the State of any accrued
equity.
D. Termination
Due to Unavailability of Funds in Succeeding Years
Original terms of such multi-year contracts shall terminate on
the last day of the current period of legislative appropriation and any renew
als by the State based upon continuing appropriation shall not exceed the next
succeeding period of legislative appropriation. When funds are not appropriated
or otherw ise made available to support continuation of performance in a
subsequent year of a multi-year contract, the contract for such subsequent year
shall be terminated and the contractor may be reimbursed for the reasonable
value of any nonrecurring costs incurred but not amortized in the price of the
goods or services delivered under the contract. The cost of termination may be
paid from:
1. Appropriations currently
available for performance of the contract
2. Appropriations currently available for
procurement of similar commodities or services and not otherwise
obligated
3. Appropriations made
specifically for the payment of such termination costs
XVII.
PROCEDURES: CONTRACT RENEWALS
A. Contracts for goods or services are
sometimes procured w ith the option to renew for additional time periods. If a
renewal is desired, the division must make a request in w riting with its
Assistant Director or Director's signature. The renew al option must be
requested at least thirty days prior to the expiration of the contract. Renew
als may require the approval of OSP or Arkansas Building Authority. The renewal
is a mutual agreement between the Department and the
vendor. Once the vendor accepts the terms for renew al, a written addendum is
added to the contract. No contract can be extended once all the
renew als authorized in the procurement have been
depleted.
B. A
contract that is procured w ithout a renew al option cannot be renewed in any
instance. Offers by the original vendor to renew the contract cannot be
accepted.
