Act 2161 of 2005 amended A.C.A. §6-21-304, effective August 12, 2005, to ensure ethics in the public school procurement process.
All purchases of commodities by any school districts , except those specifically exempted by A.C.A. § 6-21-305, shall be made as follows:
In each instance in which the estimated purchase price shall equal or exceed ten thousand dollars ($10,000), the commodity shall be procured by soliciting bids, provided that the purchasing official may reject all bids and purchase the commodity by negotiating a contract. If the purchasing official, after rejecting all bids, determines that the purchase should be made by negotiation, then each responsible bidder who submitted a bid shall be notified of the determination and shall be given a reasonable opportunity to negotiate;
Open market purchases may be made where the purchase price is less than ten thousand dollars ($10,000); and
No purchasing official shall parcel or split any item or items with the intent or purpose to enable the purchase to be made under a less restrictive procedure.
In soliciting bids for the purchase of a commodity, a school district or a person or organization acting on behalf of a school district shall not impose qualifications of specifications that unreasonably restrict competition for the purchase of a commodity. In this instance the word “specifications” means a technical description or other description of the physical or functional characteristics of a commodity.
A form similar to the form in the attachment below shall accompany any competitive bid submitted to a school district in response to a solicitation for bids for the purchase of a commodity.
Any person determined to have made a false statement on the form or any bidder who acts contrary to the provisions of the form after its agent has executed the form shall be guilty of a Class C misdemeanor.
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a school district contract may protest to the superintendent of the school district , in accordance with district procedures. Details for protest procedures are outlined in A.C.A. §6-21-304 (a)(5)(A) et.al seq.