State Codes and Statutes
Statutes > Arkansas > Title-22 > Chapter-9 > Subchapter-3 > 22-9-31422-9-314. Certain contractors ineligible to bid on public works contracts -- Quarterly lists.
(a) (1) Any contractor or subcontractor determined by the Department of Labor to have violated the provisions of this subchapter shall be ineligible to bid on or be awarded any public works contract or to perform any construction work in any manner for any public body for a period of two (2) years from the date of the final administrative determination.
(2) Any firm, partnership, corporation, or other entity in which such ineligible contractor is an officer, stockholder, or has a financial interest, or supervises or directs work shall be ineligible to bid on or be awarded any public works contract or perform any construction work in any manner for any public body for a period of two (2) years after the date of the determination.
(b) Notwithstanding the provisions of subsection (a) of this section, any contractor or subcontractor may complete any work in progress or contract awarded prior to the date of the contractor's or subcontractor's ineligibility.
(c) (1) The department shall compile a quarterly list which shall include:
(A) The names of all contractors which, by a final administrative determination, have been found to be in noncompliance with the provisions of this subchapter after January 1, 1996, and within the previous two (2) years as of the date of such list; and
(B) The dates on which the latest violations of such contractors occurred.
(2) (A) Upon request, the department shall mail the quarterly list to any public body in this state which may award public works contracts.
(B) It shall be the duty of the public body to hold the contractor ineligible to bid on or to be awarded any public works contract or to perform any construction work in any manner for the public body pursuant to subsection (a) of this section.
(d) Any contractor or subcontractor who shall submit a bid, be awarded a contract, or begin performance of construction while ineligible pursuant to the provisions of this section may have its state contractor's license suspended for a period of time as set by the Contractors Licensing Board.
(e) (1) Any public works contract awarded to an ineligible contractor, or on which an ineligible subcontractor performs, may be declared in default by the public body.
(2) (A) Additionally, the public body may require the bonding company or the general contractor to furnish a replacement contractor at no additional cost to the public body.
(B) In such an event, the bonding company or general contractor shall be expeditious in maintaining the original schedule for completion of the contract, allowing no more than thirty (30) days to lapse between notice and furnishing a replacement contractor or subcontractor satisfactory to the public body.
(f) Nothing in this section shall be construed as a waiver of sovereign immunity or as creating a cause of action for money damages against any public body.
