§ 14-58-104 — Specific purchases and contracts - Commodities

The governing body of a city of the first class, city of the second class, or an incorporated town may purchase the following commodities without soliciting bids: (1) Perishable foodstuffs for immediate use; (2) Unprocessed feed for livestock and poultry; (3) Advanced emergency medical services provided by a nonprofit corporation and proprietary medicines if specifically requested by a professional employee; (4) Books, manuals, periodicals, films, and copyrighted educational aids for use in libraries and other informational material for institutional purposes; (5) Scientific equipment and parts; (6) Replacement parts and labor for repairs of machinery and equipment; (7) Commodities available only from the United States Government; (8) (A) Any commodities needed in instances in which an unforeseen and unavoidable emergency has arisen in which human life, health, or public property is in jeopardy. (B) An emergency purchase under subdivision (8)(A) of this section shall not be approved unless a statement in writing is attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding; (9) Utility services, purchased at wholesale or the rates for which are subject to regulation by a state agency or a federal regulatory agency; (10) Sand, gravel, soil, lumber, used pipe, or used steel; (11) (A) Used or secondhand motor vehicles, machinery, or equipment. (B) A used or secondhand motor vehicle that has been under lease to a municipality and has fewer than five thousand (5,000) miles of use shall not be purchased except upon competitive bids as provided in this chapter; (12) Machinery, equipment, facilities, or other personal property purchased or acquired for or in connection with the securing and developing of industry under the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., or any other provision of law pertaining to the securing and developing of industry; (13) Registered livestock to be used for breeding purposes; (14) Motor fuels, oil, asphalt, asphalt oil, and natural gas; (15) Motor vehicles, equipment, machinery, material, or supplies offered for sale at public auction or through a process requiring sealed bids; (16) All goods and services that are regularly provided to state agencies and municipal government by the Division of Correction's various penal industries; (17) (A) New motor vehicles purchased from a licensed automobile dealership located in Arkansas for an amount not to exceed the fleet price awarded by the Office of State Procurement and in effect at the time the municipality submits the purchase order for the same make and model motor vehicle. (B) The purchase amount for a new motor vehicle may include additional options up to six hundred dollars ($600) over the fleet price awarded; (18) Renewal or extension of the term of an existing contract; (19) Purchase of insurance for municipal employees, including without limitation health insurance, workers' compensation insurance, life insurance, risk management services, or dental insurance; (20) Goods or services if the governing body has approved by resolution the purchase of goods or services through competitive bidding or procurement procedures used by: (A) The United States Government or one (1) of its agencies; (B) Another state; or (C) An association of governments or governmental agencies, including associations of governments or governmental agencies below the state level; and (21) (A) Goods or services available only from a single source. (B) A purchase under this subdivision (21) shall be supported with: (i) Documentation concerning the exclusivity of the single source; and (ii) A written proclamation from the chief executive filed with the clerk or recorder that sets forth the basis for the single source procurement.

Legislative History

Amended by Act 2021, No. 435,§ 4, eff. 7/28/2021. Acts 2009, No. 756, § 23.