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006.27.3-R2:19-11-203. Definitions of exempt commodities and services used in this Act.

AR ADC 006.27.3-R2:19-11-203Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 27. Office of State Procurement (Refs & Annos)
Rule 3. Procurement Rules
Ark. Admin. Code 006.27.3-R2:19-11-203
006.27.3-R2:19-11-203. Definitions of exempt commodities and services used in this Act.
Currentness
Certain types of services that would otherwise fall within the definition of services are expressly exempted from the application of Arkansas Procurement Law at Ark. Code Ann. § 19-11-203(14). State agencies not authorized to procure services through Arkansas Procurement Law may be authorized to do so under other applicable law. Exemption from Arkansas Procurement Law does not automatically exempt any state agency or officer from other laws governing the expenditure of public funds or the ethical restrictions at Ark. Code Ann. § 19-11-701, et. seq.
Exempt Commodities and Services Means:
(a) Under subsection (14)(D)(i) -- Commodities procured for resale does not include items used to support the sale of goods or services such as reusable items or items used in preparing, serving, dispensing, or packaging, except for vendor packaging included with the item purchased.
(b) Under subsection (14)(G)(i) -- Farm products includes unprocessed feed for livestock.
(c) Under subsection (14)(K) -- “License” does not mean software license.
(d) Under subsection (14)(M) -- Livestock breeding to include ova and semen.
(e) Under subsection (14)(N) -- Technical equipment for maintenance purposes shall include, but not be limited to, medical, dental, laboratory, and health aid equipment, climate control equipment, water treatment services, elevators, musical instruments, communications equipment, data processing equipment, and specialized research equipment.
(f) Under subsection (14)(Q) -- “Perishable foodstuffs” means the raw material of food before or after processing, such being liable to spoil or decay in a short duration of time, such as (but not limited to) produce, eggs, or milk.
(g) Retail gasoline credit card purchases are exempt by [rule] regulation, regardless of the amount.
(h) Renewals of termite protection contracts with the contractor who performed the initial treatment of the facility are exempt. Not exempt are termite protection contracts which include the initial treatment.
(i) Under subsection (14)(H) -- Fees that are uniform and fixed in advance by an authoritative body, such as fees for membership in professional associations, court filing fees, witness fees, workshop fees for professional conferences or training, medical fees and physician fees, are exempt from Arkansas Procurement Law. Fees that are payment for professional services for which there is generally free market competition and which may reasonably be subject to negotiation, are not exempt from Arkansas Procurement Law.
(j) Under subsection (14)(EE) and subsection 23(B)(ii), “Academic medical center” consists of a public medical school and its primary teaching hospitals and clinical programs.

Credits

Adopted Jan. 1, 1999.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.27.3-R2:19-11-203, AR ADC 006.27.3-R2:19-11-203
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