1. Selection of architects and engineers.

• When a project requires engineering services, a licensed engineer must be retained.
  • This requirement does not apply when the estimated cost of the project is less than $50,001.   Ark. Code Ann § 22-9-101.
• When a project requires architectural services, a licensed architect must be retained.
  • This requirement does not apply when the estimated cost of the project is less than $250,001. Ark. Code Ann § 22-9-101.
• Competitive bidding may not be used to select architects or engineers. Ark. Code Ann. § 19-11-801. Architects and engineers are selected through the use of requests for qualifications or requests for proposals and may not be selected only on the basis of price.
• Before signing a contract with an architect or engineer, a campus or unit must comply with the following Board policies. These processes required by these Board policies are described in a general fashion in this guidance. A decision tree illustrating the circumstances under which Board approval is required is here.
  • 730.2 – Approval of Major Capital Projects.
  • 740.1 – Selection of Architects or Engineers.
  • 740.2 – Selection of On-Call Architects or Engineers.
• After approval to begin the selection process, the Chancellor or campus chief executive officer forms a committee, or committees, to review proposals, interview applicants, and submit recommendations to the Board. The procedure varies with the size of the project. Board Policies 730.2 and 740.1 describe the process in detail.
• After Board approval, the selected firm submits a price proposal and enters into final negotiations with the campus. If agreement is reached, a contract will be awarded. The proposed contract must be reviewed by General Counsel’s office before it is signed. UASP 300.1. The contract must include the State of Arkansas Services Contract form published by DFA.
• On-all architects and engineers are initially retained through the same process, as described in Board Policy 740.1.  Once retained, on-call architects and engineers may be used without further Board approval for the following types of projects where the estimated construction cost does not exceed $2,000,000: maintenance, repair or minor renovation,  feasibility studies, programming studies, preliminary plans and budget estimates, technical assistance and emergency damage projects. Board Policy 730.1, 740.2, Ark. Code Ann. § 19-11-1001(3)(A).
  • On-call contracts for architects or engineers may have a term of one year but may be renewed annually for up to seven years.
• The contract is submitted to DFA for approval before the contract is signed.  If the contract has a first year cost of at least $50,000, or a projected cost of at least $350,000 over the life of the contract, with all likely amendments and extensions, the contract must be submitted for legislative review before it is signed. Ark. Code Ann. § 19-11-1006.
  • Before seeking legislative review of a professional services contract not covered by an existing on-call contract, a campus must have Board approval of the design professional selection.
  • Ordinarily design professional recommendations are not submitted to the Legislature before the MOF has been reviewed. However, where the approval process has been truncated to allow these processes to proceed concurrently, as described in Board Policy 730.1, the campus may present the MOF and design professional contracts for review at the same legislative committee meeting.

2. Selection of Contractors

• Contracts for construction, repairs or improvements that have an estimated cost between $20,001 and $50,000 require a minimum of three quote bids.
• Contracts for construction, repairs or improvements with an estimated cost of $20,000 or less may be purchased by bid or on the open market.
• Contracts for improvements, repairs or alterations with an estimated cost over $50,000 must be awarded by competitive sealed bid, unless the Major Capitol Project method is followed. Code Ann. § 22-9-203.
• For projects in which the University will provide any portion of the materials, the materials provided by the University must be acquired through the commodity procurement process, not the construction processes described in this guidance.
• Major Capital Projects – construction or renovation projects in which the estimated costs, exclusive of land acquisition, will be more than $5,000,000 ­– follow a different process that does not require competitive sealed bids. The process, also called the “Alternative Delivery Method,” requires the use of proposals that are submitted to campus committees which in turn submit recommendations to the Board. The Board makes the final selection decision. See Ark Code Ann. § 19-4-1415 and Board Policies 730.1 and 730.2.
• Historic structures. Contracts for alteration, repair or restoration of a recognized historic site or structure are bid, but price is not the principal consideration in making the award.
  • The institution may not advertise for bids without first presenting the proposal to the Arkansas Legislative Council. Ark. Code Ann. § 22-9-209.
• Job order contracting. Ark. Code Ann. § 19-4-1416. Contracts are solicited by competitive sealed proposals.
  • Job order contracting is limited to $1,200,000 per construction job.  The dollar limit applies only to construction costs.
  • Job order contract awards should be based on a master contract between the campus and the contractor, with job orders issued for each project.  Approved forms for these documents are available from the General Counsel’s office.
• Emergency contracting.
  • The notice and bid security provisions and bid advertising time frames that ordinarily apply to competitive bidding for contracts over $50,000 do not apply to work required by an emergency. Ark. Code Ann. § 22-9-201. Also see Building Authority Division Rule 3-202.
  • Contracting is considered to be emergency contracting:
    • When human life, health, safety or state property is in jeopardy.
    • To reconstruct facilities, construct new facilities, and related site work due to fire, storm, riots or similar circumstances beyond the University’s control.
    • Construction or repairs to immediately needed equipment for facilities, where delay would result in overall higher expenditures or cause the Institution to lose revenue due to not providing the services for which it is responsible, including without limitation providing medical treatment or education.
  • For work over $50,000 sealed bids should be obtained, if practicable, but on an expedited schedule.
• Unless using standard forms as approved by General Counsel (with no material modification), proposed contracts must submitted to General Counsel for review before the contracts may be executed. UASP 300.1.