Are cities of the first class required to enter into contracts for professional services and other services upon the basis of competitive bidding or requests for proposals? Are water commissions, sewer commissions and advertising and promotion commissions required to enter into professional service

STATE OF ARKANSAS po - OFFICE OF THE ATTORNEY GENERAL . 201 EAST MARKHAM STREET Sat HERITAGE WEST BUILDING | aay EVE CLARK : _ (501) 371-2007 ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 --——.. OPINION NO, 86-86-120 ee SR ny - oh ae oe April 29, 1986 John W. Parkerson -+ -State Representative: 520 Ouachita Avenue Hot Springs, AR 71901 RE: Contracts for Professional and Other Services Dear Representative Parkerson: Your request for an official Attorney General's opinion pertaining to the above matter presents the following spe- cific questions: - - 7 1. Are cities of the first class required a i “3 , to enter into contracts for professional - ee co and other services upon the basis of oo Coa . competitive bidding or requests for Co proposals? 2: Are water commissions (established pur- | os - 6 suant to Ark. Stat. Ann, §19-4219, et ~ oO seq.), sewer commissions (airport. com- a '. Missions?) (established pursuant to Ark, - SO ~. Stat. Ann. §$74-501, et seq.), and ad- =~). OY vertising and ‘tourist ‘promotion con- So ae te ' - ~missions (established pursuant to Ark.. nae “orStat. Ann. §19-4613, ($19-46167) et - .-$eq.), and other commissions of cities f£ the first class ‘Fequired to enter nto’ contracts: ‘for professional and ‘other. services: upon. the basis of com- petitive bidding or. -Fequests. for’ ‘Pron posals?. ; : ae te Ark, ‘Stat. “ann, $19- “1043 states: ‘@) © ‘Exclusion. For the purposes of “this Act [§§19-1042 .-- 19-1046], the ee ‘term "municipal affairs" means. all. mat~ lg Da Uo .-ters and affairs of government germane: - oS -to, affecting or concerning the muni- cipality or its government except. the following which: are state affairs and J John W. Parkerson Page 2 ; April 29, 1986 tut . ‘subject to the general laws of the State © of Arkansas: Public information and open meetings; uniform requirements for competitive bidding on contracts; »..Cemphasts supplied) Ark. Stat: Ann. §19- 4425 setting forth competitive bidding requirements on contracts over hs 000.00 by First Class me Cities states: , Ct The mayor, or his duly authorized repre- _ sentative, shall have exclusive power ‘and responsibility to make purchases of - all supplies, apparatus, equipment, materials and other things requisite for public purposes in and for the city, and to make all necessary contracts for work or labor to be done, or material or other necessary things to be furnished ° -for the benefit of the city, or in car- Trying out any work or undertaking of a public nature therein. ... that where ~ - the amount of expenditure for any pur- pose or contract exceeds the sum of five _ thousand dollars ($5,000.00), the mayor or his duly authorized representatiave, shall invite competitive bidding thereon se ‘eee and the officials designated to _. Se oo... .++ recieve such -bids shall have exclusive - co), POWer to award the bid to the lowest | von oo ac responsible bidder; provided however, “oe i the’ mayor and. any Comimittee designated “to receive bids may reject any and-all fo). oo. bids received; and- provided further, the... 7 ~~ s-governing body, by ordinance may Waive | '°. the requirements of competitive bidding in exceptional. situations where such “- ‘procedure is deemed not feasible oF ' practical. [Acts 1959, No, 28.85, ; ear 1979, No. 154, $1, p. 383; 1988, Now 745, AS, Pe__ oi ‘Comphasis supplied) Therefore, in ‘response. to your. first question set forth - fn hereinabove,’ any exception of professional. services from . - competitive bidding requirements must be based upon the- . ’. final clause of Ark, Stat. Ann, §19-4425 allowing the. fs competitive | bidding requirements to be waived by” ordinance’ . ah . lin a-situation: where such: procedure | is deemed ‘hot | feasible. or practical, ar ; _John W. Parkerson Page 3 April 29, 1986 In response to your second question, examination of statu- tory law concerning each entity set forth in your question discloses no exceptions from the requirement of Ark. Stat. Ann. §19-4425 discussed hereinabove. However, some authority exists that provisions requiring competitive bidding prior to entering into contracts with. municipalities are not applicable to contracts for personal services involving a peculiaf skill or ability. 10 McQuil- lin, Municipal Corporations (3rd Ed. Rev.) §29.35. The rationale for such authority was that the requirement of competitive bidding for labor or work does not apply to services that require scientific knowledge or professional skill. Furthermore, the legislature's intent to distinguish between such professional services as that of an architect or engi- neer and the services of a contractor is demonstrated in the public works statute, Ark. Stat. Ann. §14-613, which re- quires public bidding for the construction contract but makes no such requirement for the architectural or engineer- ing services. Therefore, it appears that cities of the First Class are not required to engage in competitive bidding for professional services pursuant to Ark. Stat. Ann, §19-4425 especially in the event..a proper and valid enabling ordinance setting : forth particular facts and circumstances justifying waiving of competitive: bidding | is adopted. Deputy Attorney General. Dan Kennett. Sincerely; STEVE CLARK. Attorney General - » jscrDKrde- _ phe” foregoing | ‘opinion which I hereby approve was ‘prepared by