1. (a)

   1. (1) Certain types of services that would otherwise fall within the definition of services are expressly exempted from the application of Arkansas Procurement Law, Arkansas Code 19-11-201 et seq., at Arkansas Code § 19-11-203(14).
   2. (2) State agencies not authorized to procure services through Arkansas Procurement Law may be authorized to do so under other applicable law.
   3. (3) Exemption from Arkansas Procurement Law does not automatically exempt any state agency or officer from other laws governing the expenditure of public funds or the ethical restrictions at Arkansas Code § 19-11-701 et seq.

2. (b) “Exempt commodities and services” means:

   1. (1) Under Arkansas Code § 19-11-203(14)(D)(i), ”commodities procured for resale” does not include items used to support the sale of goods or services such as reusable items or items used in preparing, serving, dispensing, or packaging, except for vendor packaging included with the item purchased;
   2. (2) Under Arkansas Code § 19-11-203(14)(G)(i), ”farm products” includes unprocessed feed for livestock;
   3. (3) Under Arkansas Code § 19-11-203(14)(K), “license” does not mean software license;
   4. (4) Under Arkansas Code § 19-11-203(14)(M), livestock breeding to include ova and semen;
   5. (5) Under Arkansas Code § 19-11-203(14)(N), ”technical equipment” for maintenance purposes shall include, but not be limited to, medical, dental, laboratory, and health aid equipment, climate control equipment, water treatment services, elevators, musical instruments, communications equipment, data processing equipment, and specialized research equipment;
   6. (6) Under Arkansas Code § 19-11-203(14)(Q), “perishable foodstuffs” means the raw material of food before or after processing, such being liable to spoil or decay in a short duration of time, such as (but not limited to) produce, eggs, or milk;
   7. (7) Retail gasoline credit card purchases are exempt by rule, regardless of the amount;

   8. (8)

      1. (A) Renewals of termite protection contracts with the contractor who performed the initial treatment of the facility are exempt.
      2. (B) Not exempt are termite protection contracts which include the initial treatment;

   9. (9)

      1. (A) Under Arkansas Code § 19-11-203(14)(H), fees that are uniform and fixed in advance by an authoritative body, such as fees for membership in professional associations, court filing fees, witness fees, workshop fees for professional conferences or training, medical fees, and physician fees, are exempt from Arkansas Procurement Law.
      2. (B) Fees that are payment for professional services for which there is generally free market competition and which may reasonably be subject to negotiation, are not exempt from Arkansas Procurement Law; and
   10. (10) Under Arkansas Code § 19-11-203(14)(EE) and (23)(B)(ii), “academic medical center” consists of a public medical school and its primary teaching hospitals and clinical programs.

Codification Notes: This section was promulgated as R2:19-11-203 of the Procurement Rules prior to codification into the Code of Arkansas Rules.