Arkansas Code of 1987 (2024)
Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19)
Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408)
Subchapter 2 - ARKANSAS PROCUREMENT LAW (§§ 19-11-201 — 19-11-281)
Section 19-11-240 - Reporting of suspected collusion - Definition

• (a) As used in this section, "collusion" means cooperation in the restraint of free and open competition in a public procurement, including without limitation:
  • (1) Price fixing;
  • (2) Bid rigging;
  • (3) Customer or market allocation;
  • (4) Misrepresenting the independence of the relationship between colluding parties; and
  • (5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation:
    • (A) Offering bribes or kickbacks;
    • (B) Extortion; and
    • (C) Fraudulent misrepresentation.

• (b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.

• (c)
  • (1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.
  • (2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.

• (d) Collusion is cause for:
  • (1) Debarment from consideration for award of a contract under § 19-11-245; and
  • (2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.

Amended by Act 2017, No. 696,§ 3, eff. 8/1/2017.

Acts 1979, No. 482, § 47; A.S.A. 1947, § 14-270.1.