006.09.1 R1-19-4-1415. Procedures for Approval of Design Professionals
AR ADC 006.09.1 R1-19-4-1415Arkansas Administrative Code
Ark. Admin. Code 006.09.1 R1-19-4-1415
006.09.1 R1-19-4-1415. Procedures for Approval of Design Professionals
Authority and General Requirements
The Arkansas Building Authority (ABA) maintains oversight in the selection process of design professionals for capital improvement projects. Issues regarding design professionals under ABA's jurisdiction should be directed to the ABA State Architect or the ABA State Engineer within the ABA Design Review Section.
All contracts for design professional services (architectural, engineering, land surveyors, interior design, landscape architects, specialized building related consultants and environmental consultants) must first be submitted to ABA for recommendation and approval. The contract shall then be forwarded to Department of Finance and Administration-Office of Procurement (DFA-OP).
Contracts under the jurisdiction of ABA shall not be sent directly to DFA-OSP. Agencies not under ABA jurisdiction shall seek approval in accordance within their own internal policies and then forward the contract to DFA-OP.
State Agency Defined
A State agency is defined under the authority of ABA as any board or commission, agency, department, institution of higher education including colleges, universities, and vocational-technical schools or other State institutions. However, “State agency” shall not include any county, municipality, school district, subdivision, or unit thereof of the State of Arkansas, nor shall the term “State agency” mean or include the Arkansas State Highway and Transportation Department, the State Highway Commission, or the lands, buildings or structures acquired as investment assets of Arkansas Teachers Retirement System. (ACA § 22-2-102(5), 22-2-103(a))
Special Provisions
While the boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from review, consultation, assistance, advice and approval by ABA for capital improvements, they remain subject to applicable laws governing public works including ACA § 22-9-101 through 22-9-702 and ACA § 19-4-1401 through 19-4-1415. Upon approval of the Department of Higher Education, the governing boards of all other public institutions of higher education shall be exempt from review and approval by ABA for design professionals provided that prior to granting such approval the department shall have reviewed and approved policies and procedures adopted by the governing board with respect to bidding and construction of capital improvement projects. While these entities may be exempt from ABA's jurisdiction, the applicable laws on public works and capital improvements shall be adhered to with respect to the design professional. The ABA may enter into an agreement with any of the above exempt institutions to provide reviews and approval of all capital improvements. Once an entity enters into an agreement with the ABA, the mandates under the Arkansas Building Authority Minimum Standards and Criteria (ABAMSC) become applicable to the institution's project.
ABA Regulations
State agencies under ABA jurisdiction must adhere to the Arkansas Building Authority Minimum Standards and Criteria (ABAMSC), which can be found at www.arkansasbuildingauthority.com. The regulations pertaining to the selection of design professionals is located in ABAMSC § 6-100 through 106. The fee schedules and other issues regarding the contracting of design professionals can be located in § 6-200 through § 6-222. Exception: Entities utilizing alternative delivery methods shall follow the selection and contract award process as stated in ACA § 19-4-1415.
Code Provisions
ACA § 22-9-101 and § 22-2-113 set forth when registered design professionals should be utilized for State capital improvement projects.
Payments
Capital improvement payments are processed through the State of Arkansas' accounting system. Agencies are solely responsible for making timely payments pursuant to their professional services agreement.
PLEASE NOTE: Details of Construction (bidding/contract awards/project observations), Design Services (architectural/engineering/other consultants), Real Estate Services (leasing/sale & purchase of property), etc. may be viewed on the Arkansas Building Authority Web site at: http://www.arkansasbuildingauthority.com
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.09.1 R1-19-4-1415, AR ADC 006.09.1 R1-19-4-1415
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