§ 19-11-1001 — Definitions

As used in this subchapter: (1) "Consultant services contract" means a contract between a state agency and an individual or organization in which: (A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary; (B) The contractor is an independent contractor with respect to the state agency; (C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and (D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided; (2) "Contractor" means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law; (3) (A) "Design professional contract" means a contract that is primarily for: (i) Minor projects that are time-critical; and (ii) Remodeling projects that do not exceed two million dollars ($2,000,000) in cost. (B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq. (C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures. (D) (i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts. (ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the: (a) Dollar amount under subdivision (3)(A)(ii) of this section; or (b) Specified period under § 19-11-238(a) . (E) Institutions of higher education that are exempt from review and approval of the division shall comply with the provisions of this section; (4) "Director" means the State Procurement Director; (5) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing professional services for any state agency; (6) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; and (7) "State agency" means any department, agency, board, commission, or institution of higher education of the State of Arkansas.

Legislative History

Amended by Act 2023, No. 667,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 6116, eff. 7/1/2019. Acts 2003, No. 1315, § 13; 2007, No. 478, § 7; 2009, No. 532, § 1.