Contracts
Requiring Board of Correction and Community Punishment Approval
IV.
DEFINITIONS:
A.
Professional Services
Contract - Contracts between a state agency and a contractor in
which the relationship between the contractor and the state agency is that of
an independent contractor rather than that of an employee. The services to be
rendered consist of the personal services of an individual or company which are
professional in nature. Each contract shall specify the results expected from
the rendering of the services.
B.
Emergency Purchases - The acquisition of commodities
or services above $5,000 which if not immediately initiated will endanger human
life, health, state property, or the functional capability of a state agency.
Emergencies require that at least three quote bids be obtained when
possible.
C.
Single
Source Purchases - Purchases made from one source after it is
determined that no other source can provide the product or service
specified.
D.
Offenders: Persons sentenced to the Department of
Correction or persons sentenced to the Department of Correction but judicially
transferred or under the supervision of the Department of Community
Punishment.
VI.
PROCEDURES:
A.
Purchasing Through State Purchasing
1.
Purchase of commodities and services require approval of the appropriate deputy
or assistant director or his or her designee. A purchase order signed by the
Administrative Services Division is required prior to completing the purchase
unless a specific exemption is provided.
2. Purchases of equipment, furniture, and
vehicles require approval of the Director, except, the Director may delegate
approval authority to the deputy or assistant directors based on specific items
or specific dollar amounts as specified in an administrative
directive.
3. Purchases of personal
computers, terminals, and other computer equipment requires approval of the
Director, deputy/assistant directors and Department of Computer Services prior
to processing with State Purchasing.
4. Emergency purchases require approval of
the Director.
5. Single source
purchases of equipment, in amounts as specified in an administrative directive,
require pre-approval by the Director and appropriate Board committee. Bids will
be obtained whenever possible.
6.
Procedures from cash funds are made in accordance with the state purchasing
law.
a. Purchases for operations of the cash
fund are approved by the warden/center supervisor based on annual budgets as
approved by the Director.
b.
Purchases of replacement or new equipment for operations are approved by the
warden/center supervisor, appropriate assistant director and Director. The
Director may delegate approval authorities on specific dollar amounts on
specific items as designated in an administrative directive.
c. Non-operating purchases from Inmate
Welfare/Resident Assessment Fund are approved by warden/center supervisor,
appropriate assistant director, and are subject to the following subsequent
approvals:
(1) up to $300 - Assistant
Director, Administrative Services
(2) $300 - $1,000 - Director
(3) over $1,0 00 - Board of Correction and
Community Punishment
d.
Other purchases, sales, leases and contracts follow the procedure indicated in
this administrative regulation.
7. Internal purchasing procedures will be
issued as a part of the Administrative Services Division Procedures Manual and
made available to all employees of the Department involved in the purchasing
process.
8. Budgeted funds must be
available prior to issuing a purchase order.
B. Sales Through State Purchasing
1. Equipment and vehicles are sold through
Marketing and Redistribution of State Purchasing.
2. Farm produced commodities are sold in
accordance with the Administrative Regulation titled "Farm Produced
Commodities."
3. Industry sales are
sold in accordance with the administrative regulations pertaining to: Industry
Program Procedures, Sales or Acquisitions and Arkansas Correctional
Industries.
4. Sales of natural
resources (timber, gravel, etc.) require involvement of Department of Finance
and Administration National Resources Office.
5. Other sales contracts require Director's
approval. In the event annual contract amount exceeds $50,000, Board approval
is also required.
C.
Leases
1. State Building Services is
responsible for negotiating all leases for offices and storage space. Leases of
space require approval of the appropriate deputy or assistant director and
Director prior to issuance of lease contract.
2. Leases of land for agricultural operations
or buildings to house offenders are negotiated by State Building Services and
are to be approved by the Director and Board of Correction and Community
Punishment.
3. Leases of equipment
require appropriate deputy or assistant director's approval and are processed
through State Purchasing.
4. Lease
purchases will follow the same procedures as purchases. Lease purchases over
$50,000 will require both Director and Board approval if not required in the
procedure for that item.
5. Income
leases or leases with no exchange of funds will follow the same procedures as
leases requiring expenditure of funds.
D. Purchases of Land, Buildings, Major
Construction, and Major Renovation in the amount of $50,000 and above.
1. Appropriation and funds must be available.
Bond funds require funds available only.
2. All original projects must be approved by
Director and Board of Correction and Community Punishment.
3. A "Method of Finance" must be approved by
State Building Services, Director of Department of Finance and Administration,
and when required, reviewed by the Legislative Council prior to initiating the
project.
4. Land acquisitions also
require Attorney General review.
5.
The Director will issue an administrative directive covering internal
procedures for purchases and provide copies to the Board of Correction and
Community Punishment.
E.
Minor Construction and Renovation Under $50,000
1. Appropriation and funds must be
available.
2. Project must be
approved by Director prior to submitting a method of finance.
3. A "Method of Finance" must be approved by
the Director of the Department of Finance and Administration and State Building
Services prior to initiation of the project.
F. Sales or Disposal of Buildings and Land
1. Sales require processing by State Building
Services rules and regulations.
2.
Sales require Director and Board of Correction and Community Punishment
approval.
3. Land disposed of at no
income or cost require Director and Board approval and will be processed by
State Building Services.
4.
Demolition of buildings require Director and Board of Correction and Community
Punishment approval.
G.
Professional Services Contracts
1. Contracts
up to an annual amount of $50,000 require approval of appropriate deputy
director or assistant director prior to approval of Director and prior to
processing as required by law. Contracts over $50,000 also require Board of
Correction and Community Punishment approval.
2. Architect contracts for new construction
require Board selection and approval of architect. Amendments to contracts that
would increase/decrease the architect's percentage to the total contract amount
require Board approval.
3.
Contracts for medical services and medical services review require Board
selection and approval of provider. The Director signs resulting contract as
approved by Board of Correction and Community Punishment. Amendments to the
contract that effect scope of service or the offender cost per month require
Board approval.
4. Contracts for
legal services for representation of the Department shall be administrated in
accordance with Ark. Code Annotated
25-16-702
after receiving the approval of the Director and Board. Amendments to contracts
effecting the scope of the service or dollar amount require Board
approval.
H. Other
Contracts
1. Telephone contracts not included
in construction contracts require the Director's approval and are purchased
through State Purchasing after approval of Department of Computer
Services.
2. Utilities contracts
are approved by the Construction Administrator and Assistant Director of
Administrative Services or appropriate administrator.
3. Maintenance contracts are approved by the
appropriate deputy or assistant director.
I. Emergency Approvals
In the event of an emergency as defined in IV. B., any
procurement/purchase, lease, sales process, or contract that requires Board of
Correction and Community Punishment approval may be processed with approval of
the Board of Correction and Community Punishment Chairperson. In his or her
absence, the Vice-chairperson should be contacted for approval.
Once the emergency process has been approved, it shall be
submitted to the full Board of Correction and Community Punishment for
ratification at the next regularly scheduled meeting.