An act TO AMEND THE LAW CONCERNING COMPETITIVE SEALED 10 PROPOSALS UNDER THE ARKANSAS PROCUREMENT LAW, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                        A Bill
2 95th General Assembly

3 Regular Session, 2025                                           SENATE BILL 165

4

5 By: Senator J. Dotson

6 By: Representative Gazaway

7

8                             For An Act To Be Entitled

9            AN ACT TO AMEND THE LAW CONCERNING COMPETITIVE SEALED

10           PROPOSALS UNDER THE ARKANSAS PROCUREMENT LAW; AND FOR

11           OTHER PURPOSES.

12

13

14                                         Subtitle

15                       TO AMEND THE LAW CONCERNING COMPETITIVE

16                       SEALED PROPOSALS UNDER THE ARKANSAS

17                       PROCUREMENT LAW.

18

19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

20

21  SECTION 1. Arkansas Code � 19-11-230(e)(2)(A), concerning competitive

22 sealed proposals under the Arkansas Procurement Law, is amended to read as

23 follows:

24           (2)(A) If discussions conducted after the deadline for the

25 receipt of proposals clarify one (1) or more requirements that necessitate

26 material revisions of proposals, each offeror determined to be responsible

27 and reasonably susceptible of being awarded a contract shall be provided an

28 opportunity to revise its proposal for the purpose of submitting a best and

29 final offer.

30

31  SECTION 2. Arkansas Code � 19-11-230(e)(2)(C)(ii), concerning

32 competitive sealed proposals under the Arkansas Procurement Law, is amended

33 to read as follows:

34                            (ii) In responding to a request for a best and final

35 offer, an offeror may:

36                            (a) Resubmit the offeror's original proposal

    *JLL154*                                                  01/30/2025 4:34:16 PM JLL154
                                                                      SB165

1 with lower pricing or additional benefits, or both, in accordance with the

2 specifications of the request for proposals; or

3                             (b) Submit a written response that states that

4 the offeror's original proposal, including without limitation the pricing,

5 remains unchanged; or

6                             (c) Resubmit the offeror's proposal by

7 revising the offeror's response to one (1) or more of the specifications of

8 the request for proposals.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

                              2                    01/30/2025 4:34:16 PM JLL154