Arkansas § 22-9-105 Poor contractual performance - Additional bids prohibited

Arkansas Statutes

§ 22-9-105 — Poor contractual performance - Additional bids prohibited

(a)(1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract.

(2)(A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director.

(B)The decision of the director regarding an appeal under this subsection is final and conclusive.

(C)The director shall adopt rules to establish the process and procedure for appeals under this subsection.

(b)As used in

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(a) (1) A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract. (2) (A) If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director. (B) The decision of the director regarding an appeal under this subsection is final and conclusive. (C) The director shall adopt rules to establish the process and procedure for appeals under this subsection. (b) As used in this section, "state agency" means the same as defined in § 22-2-102 . (c) The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.

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