1. (a)

   1. (1) Technical and general services contracts with a total projected contract amount, including any amendments and possible extensions, of twenty-five thousand dollars ($25,000) and less than one hundred thousand dollars ($100,000) shall be reported to the Legislative Council or the Joint Budget Committee monthly.
   2. (2) Agencies must report contracts using the appropriate method as determined by the Office of State Procurement.

2. (b)

   1. (1) Maintenance contracts are not considered services of one (1) or more individuals for regular full-time or part-time weekly work, and do not require reporting to the Legislative Council or the Joint Budget Committee.
   2. (2) Maintenance contracts are narrowly defined as providing help or assistance needed to support the continuous operation of procured commodities according to the commodities’ original functionality and specifications, including but not limited to software maintenance contracts.
   3. (3) Agencies should not apply maintenance contracts so broadly as to frustrate the legislative intent of statutes requiring reporting of certain consulting services or professional service contracts.
3. (c) Under subdivision (b)(1) of this section, “regular” is defined by giving the word its ordinary and usually accepted meaning in common language, which in the context of subdivision (b)(1) of this section shall be constituted, conducted, scheduled, or done in conformity with established or prescribed usages, rules, or discipline.

Codification Notes: This section was promulgated as R5:19-11-265 of the Procurement Rules prior to codification into the Code of Arkansas Rules.