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2019 Arkansas Code
Title 22 - Public Property
Chapter 9 - Public Works
Subchapter 8 - Fair and Open Competition in Governmental Construction Act
§ 22-9-807. Exceptions - Special Circumstances
Universal Citation: AR Code § 22-9-807 (2019)
(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
(1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(2) Employees on the project who are not members of or affiliated with a collective bargaining organization.
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