Ark. Code Ann. » Title 14 Chapter 47
Arkansas Code Annotated

Ark. Code Ann. § 14-47-138 (2020)

Competitive bidding required

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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    1. Before making a purchase of or contract for supplies, materials, or equipment and before obligating the city under a contract for the performance of services or for the construction of municipal improvements in which the anticipated cost to the city of the transaction exceeds the maximum amount established by the board of directors under the authority of § 14-47-120, opportunity for competitive bidding shall be given under such rules and regulations as the board may prescribe by ordinance, and the contract shall be consummated only on a bid approved by the city manager and by the board.
    2. Competitive bids may be accepted in the form of a written bid or by electronic media.
  2. The board, by ordinance, may waive the requirement of competitive bidding in exceptional situations where this procedure is not feasible, but lacking such exceptional situations, the board may not except any particular contract, purchase, or sale from the requirement of competitive bidding.
  3. All purchase and sale records of the city shall be open to public inspection.

History. Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716; Acts 2017, No. 170, § 1.

Amendments. The 2017 amendment added (a)(2) and made stylistic changes.

Case Notes

In General.

A city is required to solicit bids for all contracts except where there is an affirmative showing, by enactment of a separate ordinance, that the solicitation of bids is not feasible or practical. Klinger v. City of Fayetteville, 293 Ark. 128, 732 S.W.2d 859 (1987).

Damages.

Violation of this section did not give rise to a claim for damages. Klinger v. City of Fayetteville, 297 Ark. 385, 762 S.W.2d 388 (1988).

Professional Services.

Contracts for professional services are not exempt from the competitive bidding requirements of § 14-58-303 or this section. Klinger v. City of Fayetteville, 293 Ark. 128, 732 S.W.2d 859 (1987).

Cited: Prismo Universal Corp. v. City of Little Rock, 251 Ark. 326, 472 S.W.2d 96 (1971).

Notes of Decisions
Cited in 1 case, 1988–1988 · leading case: Klinger v. City of Fayetteville, 762 S.W.2d 388 (Ark. 1988).
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Klinger v. City of Fayetteville, 762 S.W.2d 388 (Ark. 1988). · cites it 2× “2d 859 (1987), where we held that the city was bound by Ark. Code Ann. § 14-47-138 (1987), formerly part of Ark.”
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