§ 22-9-201 - Applicability of 22-9-202 -- 22-9-204.
22-9-201. Applicability of 22-9-202 -- 22-9-204.
(a) The provisions of 22-9-202 -- 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of 27-67-206 and 27-67-207.
(b) The provisions of 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitary projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
(c) (1) (A) The notice and bid security provisions of 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
(2) (A) The percentage requirements of 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.
(3) "Emergency contracting procedures" means the acquisition of services and materials for capital improvements that are in accordance with the Arkansas Building Authority minimum standards and criteria.
(4) Emergency contracting procedures may include sole sourcing or competitive quote bids.
(5) The Director of the Arkansas Building Authority or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the authority minimum standards and criteria.