§ 19-11-220 - Agency procurement officials.

19-11-220. Agency procurement officials.

(a) In addition to any state agency authorized by regulation to have an agency procurement official, each of the following state agencies may elect to have such an official for commodities, technical and general services, and professional and consultant services, which are not within the exclusive jurisdiction of the State Procurement Director and which are not under state contract:

(1) Arkansas State Highway and Transportation Department;

(2) Arkansas Lottery Commission;

(3) Arkansas State University-Beebe;

(4) Arkansas State University;

(5) Arkansas State University System;

(6) Arkansas Tech University;

(7) Henderson State University;

(8) Southern Arkansas University;

(9) University of Arkansas at Fayetteville;

(10) University of Arkansas Fund entities;

(11) University of Arkansas at Little Rock;

(12) University of Arkansas at Monticello;

(13) University of Arkansas at Pine Bluff;

(14) University of Arkansas for Medical Sciences;

(15) University of Central Arkansas;

(16) Arkansas State University-Mountain Home;

(17) Arkansas State University-Newport;

(18) Black River Technical College;

(19) Cossatot Community College of the University of Arkansas;

(20) East Arkansas Community College;

(21) National Park Community College;

(22) Arkansas Northeastern College;

(23) Mid-South Community College;

(24) North Arkansas College;

(25) Northwest Arkansas Community College;

(26) Ouachita Technical College;

(27) Ozarka College;

(28) Phillips Community College of the University of Arkansas;

(29) University of Arkansas Community College at Morrilton;

(30) Pulaski Technical College;

(31) Rich Mountain Community College;

(32) SAU-Tech;

(33) Southeast Arkansas College;

(34) South Arkansas Community College;

(35) University of Arkansas Community College at Batesville;

(36) University of Arkansas Community College at Hope;

(37) University of Arkansas at Fort Smith; and

(38) Department of Higher Education.

(b) (1) Each official shall manage and establish internal procedures for the procurement office of the state agency authorized to have the official to ensure adequate administrative procedures and controls pursuant to law and the procurement regulations.

(2) (A) Approval by the Office of State Procurement of contracts administered by the official shall not be required, unless a determination has been made by the Director of the Department of Finance and Administration that administrative procedures and controls are not adequate.

(B) (i) Such determination shall result in notification by the Director of the Department of Finance and Administration of the specific deficiencies and the reasons therefor.

(ii) After the notification, approval of contracts by the Office of State Procurement shall be required until the Director of the Department of Finance and Administration determines that the deficiencies have been corrected.

(c) Except for the promulgation by the State Procurement Director of rules and regulations authorized in this subchapter and the letting of state contracts, all rights and practices granted herein to the Office of State Procurement and the State Procurement Director are granted to an official in the administration of contracts for the state agency authorized to have the official.

(d) Nothing in this section is intended to prohibit a state agency from utilizing the Office of State Procurement in the same manner as state agencies not authorized to have officials.