Arkansas Administrative Code
Agency 234 - Department of Transformation and Shared Services
Division 02 - Division of Building Authority
Rule 234.02.22-001 - Buliding Authority Minimum Standards and Criteria

This document shall be known as the Department of Transformation and Shared Services, Division of Building Authority Minimum Standards and Criteria (MSC). Copies of this manual may be obtained from Division of Building Authority (DBA). It may also be examined in the Office of the Secretary of State DBA maintains a website at http://www.transform.ar.gov/building-authority/. The MSC may also be reviewed or downloaded from this site. The purpose of this document is to establish standards and procedures as required by Ark. Code Ann. § 22-2-101 et seq. and by other applicable laws.

DBA has various duties and responsibilities involving capital improvements, real estate transfers and leases. Capital improvements are overseen and managed in part by the Construction, Design Review, and Building Operations Sections. The Real Estate Services Section oversees the state leasing of publicly or privately owned space as well as transfers of State real property.

Although DBA has specific tasks, which it carries out basis, it also has within its organization the expertise to serve various state entities in the resolution of special problems relating to state-owned and leased buildings. Other functions of DBA are described by law and as determined by the DBA Director or the Department of Transformation and Shared Services Secretary.

The authority of DBA to issue rules is established by Ark. Code Ann. § 22-2-101 et seq. All departments, divisions, and other entities within DBA jurisdiction are within the jurisdiction of the MSC, including Institutions of Higher Education who have entered into agreements with DBA pursuant to Ark. Code Ann. § 22- 2-113(b)(1).

After approval by the Section to conduct selection procedures, the selecting Department shall be required to publish a notification that Design Professional services are being solicited. A notice shall be published in at least one (1) statewide newspaper for each project pursuant to the advertisement criteria under §2-102(C). Departments are encouraged to utilize other methods for publication including newspapers or trade journals with general circulation in the county where the project will be located.

The following are minimum qualifications required for Design Professionals desiring to contract for design services with the State:

Allow a minimum of one (1) week after the last advertisement for the receipt of responses from interested design professionals. Responses shall be in writing and in the format stipulated in the RFQ (fax and email are not acceptable) and addressed to the Department official identified in the RFQ document. For projects that are large, complex, or might require the services of an out-of-state design or consultant firm, allow a minimum of no less than two (2) weeks.

The fees shown in schedule §2-211 are the maximum that will be allowed and are considered necessary for the performance of adequate professional services, unless exempted by law. Any increase beyond the scope of the fee schedule must be approved by the DBA Director if such increases are determined to be in the best interests of the state.

For boundary or topographical land survey services refer to §2-207; for Geo-technical engineering services, refer to §2-208; for environmental engineering services, refer to §2-209; for interior design services refer to §2-206; for seismic design fee allowance refer to §2-204 and for asbestos consultant fees refer to §2-210.

Fees may be negotiated on a percentage of construction cost, lump sum, or hourly fee (not to exceed) agreement with approval by the Section. Specialized consultants may include the following specialized fields: acoustical, theatrical lighting, parking, food service, solar, computer, exhibit planners, building commissioning, graphic, geo-technical, testing, land surveying, and land planning. Include a line item for each specialized consultant's fee under "Compensation" in the Professional Service Contract and list as "Additional Services- [TYPE OF CONSULTANT] Fees".

A basic interior design service fee not to exceed ten percent (10%) maximum of the total cost of all furniture, draperies, equipment, fixtures, paintings, and artifacts, including the planning and observation of placement and installation, shall be used by all departments. Extra services desired by the owner shall require prior approval by the Section. Include all "Interior Design Fees" under "Compensation" in the Professional Service Contract and list as "Additional Services-Interior Design Fees".

Boundary or topographical land surveys are considered a specialized engineering services and fees for these types of services shall be negotiated on an hourly, not-to-exceed rate, or a lump sum commensurate with the scope of the survey. Fees for this type of service require the approval of the Section. Prior to finalizing the negotiations, departments shall submit a draft of the scope of the work and the proposed fee arrangement to the Section.

Geo-technical investigations are considered a specialized engineering service and fees for geotechnical services may be negotiated on an hourly, not-to-exceed rate, or a lump sum agreement. If conditions are such that a lump sum (not to exceed) cannot be guaranteed, then a unit price per boring or trench may be included to cover the suspected conditions that may be encountered. Fees for this type of service require the approval of the Section. Prior to finalizing the negotiations, submit a draft of the scope of the work and the proposed fee arrangement to the Section.

For projects involving purely environmental engineering services, excluding asbestos consulting services, independent of a new building construction project and where the services of the engineer are contracted directly to the Department, the fees may be negotiated on a percentage of the construction cost, lump sum, or hourly fee (not to exceed) agreement with approval by the Section. Prior to finalizing negotiations, submit a draft of the scope of the work and the proposed fee arrangement to the Section.

Asbestos inspection, design, air monitoring, and project management services are considered a specialized consulting services and fees for these types of services shall be negotiated on an hourly not-to-exceed rate, a daily or abatement shift rate, or a lump sum commensurate with the scope of the project. The Section shall approve fees for this type of service. Departments shall submit a draft of the scope of work and the proposed fee arrangement to the Section prior to finalization of negotiations.

As an alternative to the fees as a percent of construction cost set forth in §2-211, the Department may negotiate a lump sum or hourly (not to exceed) fee contract, subject to approval by the Section. The lump sum or hourly (not to exceed) fee should be based on the estimated construction cost, which is applied the percentages set forth in §2-211 or a lesser percentage figure may be used if the Department determines that portions of the design work can be furnished by other qualified sources.

"Authorization to Proceed" with the project will be given to the Department providing appropriate funding is available for the project. It is recommended that all cost estimates for construction, all projected building costs, and all methods of finance include a contingency fund. Contingency funds should be used to offset inflation, unforeseen expenses, and/or cost overruns on construction projects. Items that may be covered by a contingency fund are unexpected utility work or relocation, damaged roof decking replacement, rock excavation, and the like. Contingency funding normally should not exceed 10% and should depend on the cost and complexity of the project, with a proportionately smaller amount as project budgets increase. While 5%-10% may be necessary on low-cost projects, this percent may be excessive on higher cost projects (1 1/2% - 2 1/2% percent may be sufficient). Overall building budgets should be reviewed with the Section and the Design Professional chosen to perform the work. Contingency funds are not set up to cover the cost of errors in design and construction by the Design Professional or for lack of coordination on their part, which requires remedial work during completion of construction. Refer to §2-311 for Errors and Omissions.

Commissioning is a systematic process of designed to ensure that building systems perform interactively according to the design intent and the Owner's operational needs. This is best achieved beginning in the design phase by documenting the design intent and continuing through construction, acceptance, and the warranty period with actual verification of performance, operation and maintenance (O& M) documentation verification, and training of operating personnel. When properly performed, commissioning can often reduce the overall cost of a project, reduce the time required to complete a project, increase the quality of a project, and increase the probability of a successful startup of a project. These cost reductions and quality improvements often exceed the cost associated with the commissioning process.

Commissioning plans and specifications that are developed as a part of a commissioning project must be submitted to the Section for review and approval prior to issuing to the construction contractor. Input from the commissioning agent during the design phase should be carefully documented to evaluate the validity of recommended design changes. These changes should be included in the plan review submittals under the heading "Commissioning Agent's Recommendations". The activities of a Commissioning Agent may affect the progress or schedule of the building construction project particularly where defects or omissions are discovered. The construction bid documents should acknowledge the presence of an independent commissioning agent on the project and should clearly define the role of the agent and the responsibilities of the contractor to the agent as an authorized representative of the Department.

It shall be the policy of DBA that State owned buildings be surveyed for asbestos containing materials (ACM) before demolition or construction work begins or where otherwise required by federal and state laws and rules. Even if no demolition or construction work is planned, DBA encourages operators of state-owned buildings to obtain a survey for asbestos. The survey report should be used to make building maintenance/service personnel or interested building occupants aware of the location and condition of the ACM. A management plan for each surveyed building should be developed in accordance with federal guidelines and industry practices.

The Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) regulates activities related to Asbestos Containing Materials (ACM). Refer to DEQ Regulation 21 for the State's policy and procedures related to ACM. Inspection and design of abatement materials or projects shall be performed only by persons properly licensed by DEQ when the activity or quantity of materials equal or exceed the limits regulated by the Department. Certain activities involving quantities below the DEQ threshold may regulated under OSHA regulations for worker protection. These activities must be performed by personnel properly trained and certified for this activity pursuant to Ark. Code Ann. § 20-27-1001 et seq. It may be in the department's best interest to have such activities performed by a licensed abatement contractor prior to the general construction activities

Unless adequately trained, experienced, and licensed personnel are employed by a Department, DBA recommends that private sector licensed asbestos consultants be utilized to survey, investigate, prepare abatement documents, and monitor abatement activities. Asbestos consultants shall be considered as design consultants and as such may be hired in accordance with §2-101 and State law governing procurement of consulting contracts. Asbestos consultants shall be licensed and bonded pursuant to Ark. Code Ann. § 20-27-1001 et seq. which mandates the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) with the authority to license asbestos abatement consultants and asbestos abatement contractors as well as for certifying air monitors, contractor-supervisors, inspectors, management planners, project designers, and workers involved with demolitions, renovations, and asbestos-response actions.

For projects subject to DBA approval, before a bid date is provided, these documents shall be reviewed and approved by the Section. A designer who is properly licensed by DEQ shall prepare the bid documents for asbestos abatement projects. The designer's license number must appear on the cover sheet for projects submitted for review.

Abatement contractor activities should be adequately supervised and monitored by the asbestos consultant. The frequency of inspections and type of air monitoring shall be as established by federal and state laws and rules. On abatement projects occurring in occupied buildings, supervision and monitoring of the abatement work should be more intense as dictated by the particular project circumstances.

It shall be the policy of DBA to assure that all state properties coming under DBA jurisdiction shall comply with the Floodplain Management Program.

To provide for effective management of floodplain development, it is essential that DBA be informed about each flood event in sufficient detail to plan future developments and adjust the floodplain management program. Therefore, departments shall report each flood event to the DBA designated floodplain administrator and to its respective insurance risk management representative. The report shall include but not be limited to the following items:

In accordance with the Arkansas Department of Energy and Environment, Office of Energy (AEO) rules for Energy Efficiency and Natural Resource Conservation in Public Buildings, Departments and the Project Designer are required to evaluate all material and equipment selections on the basis of life cycle cost as opposed to a first cost only for new construction projects exceeding 20,000 SF and for renovations of buildings exceeding 20,000 SF wherein the renovation cost exceeds 50% of the insured value of the building. During a competitive bid process for construction, often the product having the better life cycle cost can be incorporated into the project for little or no incremental cost over the lesser quality product. Departments should evaluate the proposed products at a 30-year life cycle. Careful consideration should also be given to the utility escalation rates, the maintenance rate and the discount rates for the cost of money. These factors can vary significantly from those applied to private sector cost (shorter life cycle) and if improperly applied can invalidate the analysis. Departments are encouraged to use life cycle costing on all other projects to the extent that it is economically feasible.

Where possible use automatic controls for HVACR systems and for lighting applications. Space temperature and humidity should be controlled by automatic controls capable of maintaining the space set-point within a fixed upper limit and lower limit. Where practical, provide for the automatic setback or setup of the space temperature during the un-occupied periods. Avoid turning off systems where the rise in space temperature or humidity above the ASHRAE recommended maximums might result in damage to the building materials or growth of microbiological organisms. Avoid exposing the building water systems or other components to potentially damaging freezing conditions. Where possible, use space occupancy sensors such as motion sensors to control lighting and individual room air conditioning terminal units allow setback or to turn out the lights when a space is unoccupied. Where sufficient natural lighting exists due to windows or skylights, use automatic lighting controls to regulate the overall space lighting levels.

When automatic controls are not part of the building systems, the building manager should develop policies for each building or facility. These policies should be written and distributed to all employees. The policy should encourage the conservation of energy through the direct involvement of the building occupants. Occupant efforts should include activities such as turning lights off when not in use; maintaining thermostat settings as directed by the building manager; set-back or set-up thermostat settings during the un-occupied periods; do not leave windows open when the building heating or air conditioning systems are in operation; use the blinds or drapes to moderate the lighting level in the space so as to take maximum advantage of the natural lighting and so as to reduce the building air conditioning load; leave blinds or drapes closed when the space is unoccupied and over the weekends and holidays; do not use electrical space heaters in spaces that are air-conditioned. Adjust the heating/cooling set-points or encourage employees to dress in multiple layers of lightweight clothing such as jackets or sweaters, which can be removed or added to accommodate individual variations in comfort levels.

The standards contained herein are considered the minimum acceptable for capital improvement projects submitted to the Section. Departments and their design professionals are encouraged to exceed these standards when in the best interest of the State. If the Department encounters a situation whereby these minimum standards cannot be met, the Department shall submit a written request to the Section for a waiver of each specific standard. The waiver request shall define the conditions of the project that cannot meet the MSC, the applicable paragraph references for which the waiver is sought, the cost of compliance with the MSC if the waiver is not granted, and the cost of the proposed alternate construction and why the Department cannot comply with the standards under the proposed project. All waivers must be approved by the Section in writing prior to the first plan submittal to the Section.

The Section is responsible for the review of accessibility standards and criteria for capital improvement projects of those state departments under its jurisdiction and for public school new construction projects. (See Ark. Code Ann. § 6-20-1407(e)).

Owners are responsible for ensuring all facilities are compliant with accessibility acts, laws, and codes. Owners should evaluate facilities for the minimum scoping requirements, such as minimum number and types of accessible parking spaces on a campus and the like, to ensure compliance with the ADA and ADA Standards. These evaluations should be reviewed when contemplating future capital improvement projects.

To promote good drainage, ease of maintenance and ease of travel in and around state facilities, the minimum slopes or grades shall be established. Where existing natural grades prohibit regrading to these standards without excessive cut or fill, obtain approval of the Section prior to the schematic design submittal.

Refer to § 2-1000 for grading requirements to meet ADA Guidelines.

These Minimum Roofing Systems Requirements are to provide design professionals and State personnel with functional, working guidelines to aid in the determination of the required roofing systems and specifications. A proper understanding of the roofing industry, methods of construction, application, workmanship, and its inherent problems and pitfalls is necessary to design a proper roof system.

These requirements apply to new construction and renovation projects only. Existing conditions or systems are exempt these requirements. Departments are encouraged to upgrade existing systems to meet these requirements as much as practical when equipment or system components are replaced.

All cabling shall conform to the latest industry standards applicable to the specific system at the time of installation. Cabling not installed in a closed conduit system should be specified to be plenum rated cabling regardless of whether the space is a return air plenum or not. This will eliminate the need to replace the cabling system if the HVACR system is renovated to a return plenum system. In addition, plenum rated cabling generally develops less smoke and has a reduced flame spread in the event of a fire thus improving the fire safety of the building.

The following guidelines pertain to the submittal of construction documents to the Section for review. (See §2-410 for additional responsibilities and duties of the Department.)

Pursuant to Ark. Code Ann. § 19-4-1415, unless exempted, DBA has authority to oversee contracts in the amount of five million dollars ($5,000,000) or more, which are not awarded in the traditional design- bid-build method, but rather awarded through negotiations.

Refer to §3-701.

All contracts, unless exempted, shall be processed and approved by the Section. Upon sufficient justification, bid openings may be performed by persons other than the Section. Justification may include a health or safety related emergency. Under such circumstances, Department procurement staff shall be responsible for adhering to all laws, and rules, including processing of bid protests.

Contracts for capital improvement, regardless of the source of funds involved, shall be issued in accordance with §3-400 et seq. Capital improvement contracts for projects exceeding fifty thousand dollars ($50,000) shall be approved by the Section prior to the start of work and must specify the exact dollar amount to be paid. The dollar amount of the capital improvement contracts shall include, but is not limited to all taxes, insurance, bonds, and freight costs. All contracts must include the original contract document, insurance documents, Executive Order 98-04 forms and any necessary approvals, Illegal Immigrant Contract Disclosure form, Israel Boycott Restriction Certification, proof of advertising (if placed by a non-DBA staff), and original performance and payment bonds.

The Section shall not condone splitting of purchases to avoid these listed bidding procedures. Notification shall be made to the State Office of Internal Audit or other appropriate office whenever split purchases are determined to have been made.

See §5-103 for agency contracting of improvements when the state is not the owner of the leased premises.

These bidding rules are applicable to all bids produced by DBA, a Design Professional, or a Department for state projects. In those instances where a department has not contracted for the administrative services of a Design Professional, the Department is responsible for performing all administrative duties from project bidding through project closeout.

Bid announcements and bid results are posted to the DBA website. Any interested bidder may sign up (free of charge) for email bid announcements by going to the DBA website.

Bid openings will be approved by the Section, only after receipt of the approval to bid letter from the Design Review Section. Bid openings are to be held on the premises of DBA unless other locations are approved by the Section.

DBA is responsible for the supervision of opening bids unless the Section has determined special justification exists, such as a critical emergency, allowing a Department to open bids under §3-102. The person authorized to read the bids shall first review the bid documents to determine if the bid is responsive. Items determining responsiveness include but are not limited to: Bid Form is complete, applicable bid security in the correct amount, and if a bid bond is utilized as bid security, the agent's power of attorney as his authority shall be enclosed, bid amount (numerically shown), proper signatures, addenda acknowledgement, and applicable subcontractors are listed. Contractors submitting a bid must be licensed in accordance with the Contractors Licensing Board. If all documents appear to be properly submitted and executed, the official may proceed to read the bid. If any statutory formality is omitted, the bid should be declared non-responsive and remain unread. Formalities other than statutory may be waived.

If bids are opened by the Department, all tabulations must be sent (faxed, mailed, or electronic mail) to the Section within two (2) working days of the bid opening. Bid tabulations must contain the following information which includes but is not limited to: the date and time of the bid opening; the project number; the amount of the bid; the contractor names, whether a bid security was included along with the bid security amount, and the listing of any applicable subcontractors. The Section will determine the responsiveness of all submitted bids. Determination of the lowest responsible bidder is the responsibility of the Department. The Section will complete the official bid tabulation upon the determination.

Rejection of a bid due to scrivener error may be made pursuant to Ark. Code Ann. § 19-4-1405. The criteria under this law must be met before a bidder may receive relief including, but not limited to, serving written notice to the DBA Director any time after the bid opening, but no later than seventy-two (72) hours after receiving the intent to award, excluding Saturdays, Sundays, and Holidays.

Pursuant to Ark. Code Ann. § 17-25-101 et seq., for all state capital improvement projects, including residential projects, each contractor, including commercial, residential, and residential remodeler, is required to be properly licensed with the Contractors Licensing Board and should indicate on the bid form the current license number as issued by the applicable licensing entity. The Section is responsible for licensure verification, as well as the Department official performing the bid opening pursuant to §3-102. Nothing in this section shall be construed to limit the authority of Ark. Code Ann. § 17-25-315.

The listing of subcontractors on the form of proposal shall be made pursuant to Ark. Code Ann. § 22-9-204 and the bid documents. The designated official as stated in §3-308 shall verify the licenses of the applicable subcontractors listed.

State projects under DBA jurisdiction shall not include the use of deductive or additive alternates.

The period of time allocated for the substantial completion of the work shall be stated as a calendar date or as a specific number of calendar days. The Department, with input from the Design Professional, shall decide on the liquidated damages for failure to meet the substantial completion deadline. The liquidated damages shall be included in the project specifications. Refer to §3-403.

All bids received shall be recorded by date and time on the sealed bid envelope. The recorded date and time shall be determinative regarding issues of lateness. Bids received at the office designated in the invitation to bid, but after the time has been called for receipt, will not be considered, unless it is determined that the late receipt was due solely to mishandling by the State after receipt at the State office designated in the invitation.

Bidders may submit written modifications to their bid at any time prior to the exact time set for receipt of bids. Modifications may be made on the bidder's envelope. No modifications made shall show the base bid amount. The bidder must sign any bid modification.

Withdrawal of bids is authorized by fax to the Section, but only if the withdrawal is made prior to the exact time set for receipt of bids. A bid may also be withdrawn in person by a bidder, or bidder representative, provided the bidder's identity is made known and a receipt for the bid is signed by the bidder or bidder representative, but only if the withdrawal is made prior to the exact time set for receipt of bids.

Each bidder will be presumed to have read and be thoroughly familiar with the plans and contract documents, including all addenda. Failure to do so is solely at the bidder's risk. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve the bidder from any obligation in respect to the bid. Capital improvement projects are not tax exempt. Failure of the successful bidder to determine the applicable taxes shall not be justification to increase the contract amount. See also §3-306(B).

All deletions, changes, additions, or alterations of the bid documents will be acknowledged and read aloud. If such modifications are not waived, the bid shall be declared non-responsive and rejected. Corrections or change of figures must be noted.

Until such time as the bids have been reviewed and certified, any announcement or reference to the low bidder will use the phrase, "apparent low bidder." Contract awards should not be made on the day of bid opening except in special cases and approved by the Section.

Any actual or prospective bidder who is aggrieved in connection with the project documents or award of a capital improvement contract has the right to protest to the Construction Section Administrator or the Department that opened and read the bid pursuant to §3-102. The protest shall be submitted in writing within five (5) business days after the bid opening. In the event a bidder is declared non-responsive or rejected after the five (5) day period, the bidder shall have three (3) business days from the declaration to submit a protest. All protests shall identify the project by bid number or with sufficient detail to identify the project, and shall, with specificity, set forth the allegations of the acts or omissions related to the protest. Since time is of the essence in award of all capital improvement contracts, protests and their resolution shall be resolved promptly. DBA shall be informed of protests to Department Officials and of their response. Subcontractors or suppliers are not considered bidders under this subsection. Only official representatives of the actual or prospective bidder may submit a protest. This section shall not be construed as a waiver of the State's right to reject any or all bids and to waive any formalities.

Any and all protests regarding the Department determination of the lowest responsible bidder shall be made to the Agency with a copy to DBA in the timeframe stated above and in accordance with §3-329. Protests involving prohibited bidders shall be made pursuant to §3-324.

The Construction Section Administrator and the Department official (performing the bid opening), or a designee, shall have authority to settle or resolve a protest of an aggrieved actual or prospective bidder, concerning the project bid documents, solicitation, or award of a contract.

In the event no responsive bids are received or the bidders are deemed not responsible, and it is determined by the Section that further solicitation of bids would be futile, the contract may be awarded to any available qualified contractor only after obtaining the approval of the Construction Section Administrator or designee.

This section is applicable to all department capital improvement projects regardless of whether a design professional has contract administration duties or not.

Any liquidated damages owed by the Contractor to the Department for delay in project completion will be calculated by multiplying the "amount per day" of liquidated damages specified in the contract documents by the number of days which occur between the contract completion date (as amended by applicable change orders) and the date of issue of the certificate of substantial completion. Deductions for liquidated damages may be deducted from the final pay request. Prior to final payment approval and retainage release, the Department shall provide to the Section written documentation and justification regarding any assessment of liquidated damages. The final payment will be reflective of such actions. The Department, with input from the Design Professional, shall decide on the amount of liquidated damages and the amount of such damages to be included in the project specifications.

A member of the Section may be available for pre-construction conferences. All notices of conferences specifying the time, date, and location shall be delivered to DBA no later than five (5) working days before the scheduled conference date. Conferences shall be conducted at a location convenient to the site (Department decision) with all parties (DBA, Department project coordinator, Contractor, and Design Professional) involved. All information significant to the project should be made available for discussion such as subcontractors, applications for payments, payment procedures, change order process, construction time schedule, project superintendent(s), and safety procedures. The Design Professional shall provide the minutes of these proceedings to the parties involved. The Design Professional shall deliver a copy of the minutes, including the sign in sheet, to the Section within five (5) business days of the meeting.

During the progress of the work, the Contractor shall keep an accurate record of all changes and corrections from the layouts shown on the drawings. All changes must be accurately marked on a set of prints during the progress of the job. Exact locations of all underground utility service entrances and their connections to utility mains, as well as, all valves, etc., which will be concealed in the finish work shall be accurately indicated on the drawings by measured distances. Depths and horizontal distances shall be indicated. Upon completion of the work and prior to final payments, the Contractor shall furnish to the Design Professional one (1) set of "record" reproducible prints, legibly and accurately drawn to indicate all changes, additions, deletions, etc., from the contract drawings. The Design Professional shall verify and add any additional information required before transmitting these reproducible prints to the Department. On DBA owned property, the Design Review Section shall receive the copy of the "record" drawings of reproducible prints or CD/DVD copies for record keeping.

Upon completion of the work and before final payment will be authorized, the Contractor shall furnish the Design Professional, the Contractor's one-year acceptance warranty, bonds, roof warranties, termite inspection, maintenance and operation manuals and operation training, air balance data, shop drawings, catalog data, as-built "record" reproducible prints, and other documents called for in the specifications, for review and approval prior to the transmission to the Department.

Before final payment, the Contractor shall furnish to the Design Professional one (1) executed copy of the required documents which shall be attached to the Contractor's request for final payment.

The following shall accompany the final payment document for contracts:

Any penalties for the delay in processing of payments may be processed in accordance with Ark. Code Ann. § 19-4-1411 and § 22-9-205.

Pursuant to Ark. Code Ann. § 19-4-1415, DBA, unless exempted by law, has authority to approve and administer contracts (contractor, construction manager, architect, or engineer) for projects that exceed five million dollars ($5,000,000), which are awarded through negotiations instead of a bid process. This type of alternative delivery method of contract shall be referred to as "negotiated work."

The Section has contract oversight and responsibility.

Pursuant to Ark. Code Ann. §§ 22-9-208 through 22-9-211, DBA, unless exempted by law, has authority to approve and administer contracts for projects awarded pursuant to the Historic Site laws.

Departments requesting to utilize the Historic Site method of contracting shall send written request and justification to the DBA Director for approval. Upon approval, the request may be forwarded for review by the Arkansas Legislative Council and approval by the Chief Fiscal Officer of the State. Nothing shall prohibit a department from applying for Arkansas Legislative Council review prior to receiving approval from the DBA Director or the State's Chief Fiscal Officer.

The following minimum maintenance standards & criteria are established pursuant to Ark. Code Ann. § 22-2-101 et. seq. These standards are designed to address the areas of management, maintenance, and operation of all public buildings and capital improvements to provide a clean, safe, and comfortable working environment for employees and the public of the State of Arkansas. Any reference to the words "the Section" within Section Four shall mean the Building Operations Section.

In an effort to sustain a safe and comfortable working environment in state owned buildings, the following requirements shall be performed pursuant to applicable state and federal laws and rules and in a manner deemed appropriate by the Department Secretary responsible for the maintenance and operations of the state owned building:

The following requirements and schedules shall be performed pursuant to applicable state and federal laws and rules and in a manner deemed appropriate by the Department Secretary responsible for the maintenance and operation of the state owned building:

Each Owner Department Secretary shall be responsible for developing and administering the building rules for their building and property. The rules should be provided to the building tenants in a written and bound form. The following requirements and schedules shall be performed pursuant to applicable state and federal laws and regulations and in a manner deemed appropriate by the Owner Department Secretary responsible for the maintenance and operation of the building.

This manual has been compiled to provide every state department, agency, board, or commission with written standards for the most economical and efficient utilization of space and with written procedures to be followed in leasing that space. Any reference to the words "the Section" within Section Five shall mean the Real Estate Services Section.

Pursuant to Ark. Code Ann. § 22-2-102 et seq., the Building Authority Division Act, the Real Estate Services Section of DBA is the leasing agency for all state entities (departments, agencies, boards, commissions, and institutions of higher education).

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The Department, if purchasing property that has been previously taxed, should request an exemption from the county tax assessor for real property taxes as soon as possible after closing and recording of the deed and abstract if such a request is necessary.

All sales of real property owned by agencies shall be made pursuant to Ark. Code Ann. § 22-6-601. This code provision should be reviewed for questions concerning governor's approval, appraisals, appraiser's oaths, advertising, bid bonds, bid openings and award of contract through a bid process as well as remaining fund balances from the receipt of monies. Departments should consult Ark. Code Ann. § 22-6-113 concerning the state's retention of mineral interests in any sale of state real property.

Any bidder or prospective bidder who is aggrieved in connection with the specifications, solicitation for or award of a sale of land pursuant to Ark. Code Ann. § 22-6-601, has the right to protest to the Real Estate Services Section Administrator. The protest shall be submitted in writing within five (5) working days after the bid opening and identify the project by bid number or with sufficient detail to identify the project, and shall, with specificity, set out the allegations of the acts or omissions related to the protest. DBA shall endeavor to resolve protests promptly.