How to sell to Arkansas counties

Arkansas has 75 counties. County purchasing follows A.C.A. 14-22-101 and following, and public construction follows A.C.A. Title 22, Chapter 9. The county judge runs county government, the county court approves contracts by order, and the quorum court can set local purchasing rules by ordinance. The official Arkansas Code site could not be read, so several rules here come from the Association of Arkansas Counties (AAC) and its 2023 construction guidebook.

At a glance

Who buys

The county judge is the county's chief executive. A county contract is not binding until the county court issues an order approving it, and claims for regulated purchases can't be paid until the order is filed with the county clerk (A.C.A. 14-22-112; secondary: AAC). The quorum court can set lower bid thresholds by ordinance; Faulkner County, for example, set $20,000 in Ordinance 21-13 and proposed repealing it in 2024 (Faulkner County PO 24-45).

Goods and services

Sources: A.C.A. 14-22-102 and 14-22-104; Arkansas DFA notice; Arkansas Legislative Audit. Quote rules below the threshold, notice rules for commodity bids and the next adjustment date were not confirmed. See sole source.

Construction and public works

• Threshold: formal bidding for major repairs, alterations, buildings and other permanent improvements estimated over $50,000 (A.C.A. 22-9-203(a); secondary: 2023 AAC guidebook, which lists Act 440 of 2021 as the latest amendment). An older posted copy of the statute shows $35,000, so confirm the amount in the notice.
• Separate contracts: counties may split work among separate contractors or invoices, which don't count toward the threshold (A.C.A. 22-9-202(b)(2)(C), Act 494 of 2013).
• Bid security: bids are void without an in-state bank cashier's check or corporate bid bond; surety liability is capped at 5% of the bid (A.C.A. 22-9-203(c)(2)).
• Bonds: public works bonds are required under A.C.A. 22-9-401 to 22-9-403, from a U.S. Treasury-listed surety; suits must be filed within one year of final payment. The bond amount was not confirmed; check the solicitation.
• Licensing: contractors must be licensed at bid time where required (A.C.A. 17-25-103).

Notice and award

Construction bids are advertised once a week for two consecutive weeks in a county newspaper of general circulation, with the last notice at least one week before bids are received. If electronic bids are accepted, notice also goes on a website. Advertising online only requires an ordinance or resolution and five weeks of concurrent newspaper notice (A.C.A. 22-9-203(a)(2), (b); 22-9-906(e)).

The award goes to the lowest responsible bidder if it is in the county's best interest. If bids exceed the appropriation by no more than 25%, the county may negotiate (A.C.A. 22-9-203(d)-(f)). Award rules and RFP options for goods and services were not confirmed.

Prevailing wage

Arkansas has no state prevailing wage law. Act 1068 of 2017 repealed it (U.S. Department of Labor; AAC). Federally funded work may still require Davis-Bacon wages.

Getting paid

• Retainage: 5% of progress payments. It may stop at 50% completion if work is satisfactory and the design professional and agency approve. No retainage on stored materials. The balance is due within 30 days after completion (A.C.A. 22-9-604).
• Interest: claims unpaid 90 days after presentation earn 10% per year (A.C.A. 22-9-205).
• County court order: payment waits until the approving order is filed (A.C.A. 14-22-112).

A general prompt payment rule for county invoices was not confirmed.

Cooperative purchasing and state contracts

County use of cooperative or state contracts was not confirmed. Ask the county judge's office whether it buys from state or cooperative contracts.

Preferences and required certifications

• Arkansas firms: on commodity bids, an Arkansas firm's bid is accepted if within 5% of the lowest nonresident bid, when claimed in writing at bid time. Counties are covered (A.C.A. 19-61-515, per Texas Comptroller summary).
• Small, minority and women-owned businesses: on projects over $75,000, bid documents must encourage their participation; plans may not require association membership or certification (A.C.A. 22-9-203(i), (k)). See MBE/WBE.

Israel boycott, E-Verify, divestment and non-collusion requirements for counties were not confirmed; check the solicitation.

Architects and engineers

Counties must select engineering, architecture and construction management firms through "comparative" (qualifications-based) selection, not low bid (A.C.A. 19-11-801 and following). Attorney General opinions 2009-038 and 2012-005 say counties may not use design-build (secondary: 2023 AAC guidebook). Public works involving engineering or architecture above set cost levels must be designed by a licensed professional (A.C.A. 22-9-101). See qualifications-based selection.

Recent changes

• Jan. 1, 2025: County purchase bid threshold rose from $35,000 to $42,921 (Arkansas DFA notice).

Practical tips for Arkansas

• Ask for the county's purchasing ordinance; some quorum courts set lower bid thresholds.
• Watch for county court orders approving contracts; payment waits on them.
• Claim the Arkansas preference in writing at bid time if your firm qualifies.
• Check Arkansas counties for each county's bid platform, contacts and agendas.