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235.18.1-224-25-7. Bidding & Classification

AR ADC 235.18.1-224-25-7Arkansas Administrative CodeEffective: August 6, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 18. Contractors Licensing Board
Rule 1. The Rules and Regulations of the Contractors Licensing and Bond Law
Effective: August 6, 2022
Ark. Admin. Code 235.18.1-224-25-7
Formerly cited as AR ADC 033.00.1-224-25-7
235.18.1-224-25-7. Bidding & Classification
Currentness
(a) It shall be permissible for any city, municipality, sewer or water district, or other political corporation to accept bids from unlicensed contractors for projects involving federal funds specifically designated for the project in question, provided, however, no contractor shall submit a bid prior to submitting application for licensure, and that no construction contract shall be executed until the successful bidder has furnished an appropriate license issued by the Contractors Licensing Board.
(b) Any project being advertised for bid in the State of Arkansas for construction, erection, alteration, or repair of any building or any other structure, must be bid by a licensed prime contractor. However, if the Electrical and Mechanical classification, considered together, or any other licensed classification, considered by itself, should constitute 80% or more of the total project, the holder of that classification may bid as a prime contractor on the project. A prime Contractor accepts full responsibility for any project except as may be written in the contract with owner.
(c) A Contractor holding a Building classification cannot list itself as Electrical and Mechanical subcontractors unless these classifications have been properly issued by the Contractors Licensing Board and they appear on the current license held by the contractor.
(d) The listing of any classification or sub-classification on a license certificate authorizes the performance of work falling within that field or of any field so closely related that the skill required for the specified field would also apply. It is not intended for these classifications to be restrictive beyond the point of safeguarding the public interest in requiring Contractors to supply the skills necessary to perform the work under contract.
(e) A Contractor holding the Building classification may enter into general contracts for building construction including all specialty items required in the contract to make the building usable for the purpose intended and may perform these items with his own forces, if qualified, or may sublet such work to qualified specialty contractors skilled in the particular fields involved. It is the specific responsibility of the prime contractor to furnish the skills required for the proper performance of all the work included in the contract.
(f) The Contractors Licensing Board may delegate the authority to the Administrator for necessary changes, such as suggested bid limit, name changes, added classification(s), etc., provided, however, proper information to support such change be submitted to the office for placement in file. Any such change will be presented for Board review at its next regular meeting.

Credits

Amended Aug. 6, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.18.1-224-25-7, AR ADC 235.18.1-224-25-7
End of Document