Arkansas Resident Bidder Preference

Revised March 2, 2015

Arkansas Code, §13-8-206. If all factors are equivalent, preference is given to purchase or commission of works of art by Arkansas artists for state building sites.

Arkansas Code, §19-11-259. For projects designed to provide utility needs of a county or municipality, counties, municipalities and political subdivisions of Arkansas must accept the lowest qualified bid from a "firm resident in Arkansas," which is an individual, partnership, association, or corporation, domestic or foreign, who maintains at least one staffed office in Arkansas and has paid certain Arkansas taxes for not fewer than the two preceding years. The preference applies only if the bid does not exceed the lowest qualified nonresident firm bid by more than 5.0% and one or more "firms resident in Arkansas" made a written claim for preference. The preference is calculated by deducting 5.0% from the total of each bid of the Arkansas dealers who claimed the preference. If the resulting bid of any Arkansas bidder is lower than the nonresident firm, the award must be made to the Arkansas firm with the lowers bid, regardless of whether that firm claimed the preference.

Arkansas Code, §19-11-260 A preference is mandated for recycled paper products under certain conditions. A bidder receiving the preference is not entitled to an additional preference under Arkansas Code, §19-11-259.

Arkansas Code, §19-11-304. In bidding for the sale of products for use by the state, preference is given to private industries located within Arkansas and employing Arkansas taxpayers over out-of-state penal institutions employing convict labor.

Arkansas Code, §19-11-305. In all bidding procedures involving a bid by at least one out-of-state penal institution and a bid by at least one private industry located within Arkansas, a preference is given to the sole or lowest Arkansas bidder if not underbid by more than 5.0%, as provided in Arkansas Code, §19-11-259, by a nonresident private industry bidder or not by more than 15% by an out-of-state correctional institution.

Arkansas Code, §19-11-803. In evaluating qualifications of firms for professional services, each firm's proximity to, and familiarity with, the area in which the project is located shall be considered.