22 CAR § 112-204. Sole source contracting

(a)(1) Sole source on capital improvements will be approved only when there is a critical emergency involving imminent threat to health, life, or safety, or there are no other available sources to perform the required work. (2) Sole source contracting may involve leases processed through the Real Estate Services Section in which the nonpublic lessor has the sole authority to approve contractors to perform work on nonstate property. (3) Sole source contracting does not relieve the statutory requirements for license, insurance, and bonds, nor the requirement for processing all project plans and specifications through the Design Review Section. (4) Departments shall submit a written request to the Construction Section setting forth the circumstances which justify their sole source request. (5) If approved, the following documentation is required when submitting a contract for approval: (A) A written request setting forth the circumstances which justify their sole source request; (B) Bid security, if required by the bid documents; (C) Insurance certificate; (D)(i) Performance and payment bond issued in accordance with Arkansas laws and rules. (ii) The bond must be filed in the county where the work is to be performed; (E) List of subcontractors pursuant to Arkansas Code § 22-9-204; (F) All other applicable documents required by law or rule; (G) One (1) original of the contract and related backup documentation; and (H) All drawings and the project manual shall be stamped, sealed, and signed by the appropriate design professional. (b) Departments may invite multiple bidders, as approved by the Building Authority Division, which involve proprietary specifications (as defined in 22 CAR § 110-106) because maximizing competition is the goal within the limited parameters of qualified sources. (c) All contractors must be properly licensed with the Contractors Licensing Board (refer to Arkansas Code § 17-25-101 et seq.).