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006.27.3-R1:19-11-219. Attorney review of designated contracts.

AR ADC 006.27.3-R1:19-11-219Arkansas 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-R1:19-11-219
006.27.3-R1:19-11-219. Attorney review of designated contracts.
A contract for services or commodities that, by its terms, requires or may require a state agency to expend an amount of public funds equal to or greater than seventy five thousand dollars ($75,000) in either a calendar or fiscal year shall, prior to execution, be reviewed by any attorney employed by the state and licensed to practice law in Arkansas. The class of attorneys that can satisfy the requirement should be interpreted broadly so as to maximize the number of attorneys that can help state agencies satisfy it. This class of attorneys includes, without limitation, licensed attorneys employed by: (1) the Office of State Procurement; (2) the Office of the Attorney General; and (3) any state agency or institution of higher education.
Where the standard terms and conditions that have already been approved by the Office of State Procurement are not used, or they are used but substantively amended, the reviewing attorney shall certify, in writing (electronic or paper), identifying the responsible attorney, that he or she has reviewed the contract and found no term, condition, or provision that requires the state to:
(a) subject itself to the law of any other state or to appear in any venue outside of the State other than as may be required by federal law;
(b) indemnify a non-state party or hold a non-state party harmless;
(c) keep records or information confidential, unless it is consistent with the Arkansas Freedom of Information Act or other applicable supervening law;
(d) be financially obligated to make payments for commodities or services before they have been received.

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-R1:19-11-219, AR ADC 006.27.3-R1:19-11-219
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