govt.fyi
Back to SB 565
Arkansas General Assembly· SB 565Notification that SB565 is now Act 936

An act TO AMEND PROCUREMENT LAW, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 As Engrossed: S4/1/25
2 95th General Assembly
                                         A Bill

3 Regular Session, 2025                                            SENATE BILL 565

4

5 By: Senator Flippo

6 By: Representative Maddox

7

8                            For An Act To Be Entitled

9   AN ACT TO AMEND PROCUREMENT LAW; TO ALLOW FOR A

10  COMBINED WRITTEN CERTIFICATION UNDER THE ARKANSAS

11  PROCUREMENT LAW; TO SIMPLIFY STATE CONTRACTING BY

12  ALLOWING MULTIPLE CERTIFICATIONS TO BE INCORPORATED

13  INTO A SINGLE COMBINED WRITTEN CERTIFICATION BY

14  OPERATION OF LAW; TO SET A THRESHOLD FOR THE

15  APPLICATION OF THE REQUIREMENT THAT A STATE CONTRACT

16  INCLUDE A REPRESENTATION CONCERNING THE PROHIBITION

17  ON CONTINGENT FEES; TO CHANGE THE DEADLINE FOR

18  CERTAIN REPORTS RELATED TO COOPERATIVE PURCHASING;

19  AND FOR OTHER PURPOSES.

20

21

22                                  Subtitle

23                       TO ALLOW PROCUREMENT CERTIFICATIONS TO

24                       BE COMBINED; TO AMEND THE LAW CONCERNING

25                       THE REPRESENTATION IN STATE CONTRACTS

26                       REGARDING CONTINGENT FEES; AND TO AMEND

27                       THE COOPERATIVE PURCHASING REPORTING

28                       DEADLINE.

29

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

31

32  SECTION 1. Arkansas Code � 19-11-249(b)(2), concerning reporting

33 requirement for purchases made under a cooperative purchasing agreement under

34 the Arkansas Procurement Law, is amended to read as follows:

35  (2) The reports required under this subsection shall be

36 submitted by July October 1 in the format required by the Legislative Council

    *JLL302*                                                       04-01-2025 15:06:21 JLL302
    As Engrossed: S4/1/25                                                    SB565

1 and shall include the following:

2                    (A) The name of the contractor;

3                    (B) The name of the procuring agency;

4                    (C) The contact information for the contractor and

5 procuring agency;

6                    (D) The total cost of the contract, including all

7 available extensions;

8                    (E) A description of the public school construction

9 services, goods, or other services procured; and

10                   (F) Any other information requested by the Legislative

11 Council or the Joint Budget Committee.

12

13 SECTION 2. Arkansas Code Title 19, Chapter 11, Subchapter 2, is amended to

14 add an additional section to read as follows:

15  19-11-282. Combined written certification.

16  (a) When a contractor certifies in a contract with a state agency that

17 the contractor shall comply with all Arkansas laws applicable to the

18 contractor's performance under the contract, the certification provided in

19 the contract shall serve as a combined written certification that the

20 contractor certifies and warrants by operation of law that the contractor:

21              (1) Does not and shall not employ an illegal immigrant or use a

22 subcontractor that employs or contracts with an illegal immigrant in

23 violation of � 19-11-105;

24              (2) Has not been retained and has not retained a person to

25 solicit or secure a state contract on an agreement or understanding for a

26 commission, percentage, brokerage, or contingent fee, except for retention of

27 the contractor's bona fide employees or bona fide established commercial

28 selling agencies maintained by the contractor for the purpose of securing

29 business in violation of � 19-11-708;

30              (3) Under penalty of perjury and to the best of the contractor's

31 knowledge and belief is not providing a regular full-time or part-time

32 employee of a state agency with a personal, direct, or indirect monetary

33 benefit as a result of the execution of the contract in violation of � 19-11-

34 1012(b)(8);

35              (4) Understands that, if the state fails to appropriate funds or

36 make moneys available for a biennial period covered by the term of the

                                    2                 04-01-2025 15:06:21 JLL302
    As Engrossed: S4/1/25                                                    SB565

1 contract for the services to be provided by the contractor, the contract

2 shall be terminated on the last day of the last biennial period for which

3 funds were appropriated or moneys made available for such purposes, as

4 provided in � 19-11-1012(b)(11);

5               (5) If applicable, is not currently engaged in and agrees for

6 the duration of the contract not to engage in a boycott of Israel or a

7 boycott of energy, fossil fuel, firearms, and ammunition industries in

8 violation of �� 25-1-503 and 25-1-1102;

9               (6) Is not owned in whole or with a majority ownership by the

10 government of the People's Republic of China and is not subcontracting with a

11 scrutinized company as defined in � 25-1-1202 in violation of � 25-1-1203;

12 and

13              (7) Shall in all other respects comply with the laws, rules, and

14 executive orders of the state that apply to the contractor's performance

15 under the contract.

16      (b)(1) A combined written certification under this section is a

17 single, universal, and supervening certification that shall be accepted in

18 lieu of the specific, individual certifications otherwise required by

19 Arkansas law.

20              (2) A state agency may rely on a combined written certification

21 under this section and the implicit certifications and warranties the

22 combined written certification supplies by operation of law in satisfaction

23 of and as an alternative to obtaining the individual specific certifications

24 otherwise required under Arkansas law, including without limitation under ��

25 19-11-105, 19-11-708, 19-11-1012, 25-1-503, 25-1-1102, and 25-1-1202.

26

27      SECTION 3. Arkansas Code � 19-11-708(c), concerning the prohibition

28 against contingent fees with respect to state contracts, is amended to read

29 as follows:

30      (c) Notice. The representation prescribed in subsection (b) of this

31 section shall be conspicuously set forth in all contracts and solicitations

32 therefor for commodities or services, or both, if payment is expected to be

33 at least seventy-five thousand dollars ($75,000).

34

35                                  /s/Flippo

36

                                    3                 04-01-2025 15:06:21 JLL302
Every fact on this page links to its source, starting with the official bill record.