Competitive bidding requirements on contracts over $5,000 for First Class Cities. Section 14-58-303. The question stated is that the City of Fayetteville reportedly awarded a contract for archeological work in the amount of approximately $70,000 without taking bids on said contract. ANSWER: See

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET HERITAGE WEST BUILDING (501) 371-2007 STEVE CLARK ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 Opinion 86-367 September 17, 1986 Honorable J.W. "Bill" Ramsey State Representative P.O. Box 6 Prairie Grove, AR 72753 Dear Mr. Ramsey: ] This is in response to your question as to the possible violation of Arkansas Statute §19-4425 which sets forth competitive bidding requirements on contracts over $5,000.00 for First Class Cities. You state that the City of - Fayetteville reportedly awarded a contract (copy not provided) for archeological work in the amount’ of approximately $70,000 without taking bids on said contract. I have enclosed for your information Attorney General Opinion No. 86-120 which answers the question of whether First Class Cities are required to engage in competitive bidding for professional services pursuant to Ark. Stat. Ann. §19-4425 (1985 Supp.). That opinion states that First Class cities are not required to bid professional services pursuant to §19~4425. The issue in construing your particular contract in question is whether the archeological work constitutes services that require scientific knowledge or professional skill, which is an exception to the general rule that a municipal contract made in violation of a statute that requires public bidding is invalid. 63 C.d.S. Municipal Corporation §996. The legislature has required that the State Archeologist, appointed by the President of the University of Arkansas ) System, have a Doctor of Philosophy Degree in Anthropology. Ark. Stat. Ann. §9-1010 (1985 Supp.), There is also a certification process to be a member of the Society of Professional Archeologists. September 17, 1986 Page 2 Therefore, it appears that archeological work would come within the professional services exception to the general rule and be exempt from the bid procedures of §19-4425. No other Arkansas statutes were found that required bidding procedures for this contract. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Paul L. Cherry, Sin py noel sTEvp/| ULAR! Attorney General SC: PLC:jr Encl.