1. (a)

   1. (1) Requests for advisory opinions or requests for waivers must be submitted in writing to the Secretary of the Department of Shared Administrative Services and should clearly and concisely state whether the request is for an advisory opinion under Arkansas Code § 19-11- 715(b), a waiver under Arkansas Code § 19-11-715(c), or both.
   2. (2) To expedite handling of requests, if delivered by mail, the envelope containing a request should be clearly labeled as a request for an advisory opinion or a request for a waiver, as the case may be.
   3. (3) Requests delivered by electronic means should be identified as a request for an advisory opinion or a request for a waiver, as the case may be, in the subject line and marked as important.

2. (b) Requests for advisory opinions or requests for waivers shall include as a minimum the following:

   1. (1) The name and address of the requester or the requester’s attorney;
   2. (2) Appropriate identification of the proposed contract by reference to its contract number or solicitation number, if a number has been assigned;

   3. (3)

      1. (A) Sufficient information and relevant background facts so that it is not necessary to infer any aspect of the situation on which the request is based, including but not limited to:

3. (i) The nature of the disclosed potential conflict of interest, including the relevant persons, relationships, financial interests, and direct or indirect participation in the procurement of the contract;

   1. (ii) Information regarding the relevant state employee, including the:
4. (a) (a) Employing state agency;

5. (b) (b) Employee’s dates of hire and termination;

   1. (c) (c) Employee’s job scope and duties; and

      1. (d) (d) Employee’s potential conflict of interest;

         1. (iii) Information regarding the proposed contract, including the:
6. (a) (a) Contracting state agency;

7. (b) (b) Contract value;

   1. (c) (c) Work to be done under the contract; and

      1. (d) (d) Procurement method; and

         1. (iv) Information regarding the contractor relevant to the contract and potential conflict of interest, including ownership interests and positions of control.
      2. (B) Failure to provide such supporting information may result in the request being denied; and

   2. (4) The using agency shall act to coordinate the individuals, requests, and documents involved and ensure sufficient information and relevant background facts are submitted.

      1. (c) Requests for a waiver must additionally articulate why the interests of the state so require a waiver and granting of permission to proceed with the proposed transaction, or that the ethical conflict is insubstantial or remote.

Codification Notes: This section was promulgated as R1:19-11-715 of the Procurement Rules prior to codification into the Code of Arkansas Rules.