- (a) The contractor must certify that the contractor is not currently engaged in, and agrees that for the aggregate term of the contract will not engage in, a boycott of Israel. The instructions for certification on contracts over seventy-five thousand dollars ($75,000) will be provided in the contract solicitation. The instructions for certification on contracts under seventy-five thousand dollars ($75,000) will be provided on the Office of State Procurement website.
(b)
- (1) If the contractor violates the above certification or is found to not be in compliance during the term of the contract, the state may require the contractor to remedy the violation within sixty (60) days of discovery of that violation.
- (2) Failure to remedy the violation within the sixty-day period may result in termination for breach of contract, and the contractor may be liable to the state for the state’s actual damages.
(c)
- (1) This subpart applies to written contracts only and is to be applied prospectively.
- (2) Any written contract entered into prior to August 1, 2017 does not require certification.
- (d) Vendors are not required to submit a certificate for commodity purchases made with a p-card as they do not require a written contract.
- (e) Certification is required at the time a written contract is entered into, renewals or extensions of contracts do not require certification.
(f) This subpart does not apply to:
- (1) A company that fails to meet the requirements under Acts 2017, No. 710 subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or
- (2) Contracts with a total potential value of less than one thousand dollars ($1,000).
Codification Notes: This section was promulgated as R1: 25-1-503 of the Procurement Rules prior to codification into the Code of Arkansas Rules. This section was promulgated as R1:19-11-238 of the Procurement Rules prior to codification into the Code of Arkansas Rules.