Independent Vendor Data Audit Process, 21 CAR pt. 51

Act 956 of 2025 requires the Employee Benefits Division within the Department of Shared Administrative Services to develop and implement an independent audit process (“IAP”) to verify the accuracy of data that vendors provide to EBD. 21 CAR § 51-104 requires that a vendor contracting with EBD, where a fiscal impact is required, agree to verify the accuracy of all data provided to the State; that all vendors contracting with EBD must agree to an IAP as a condition to contract award; and that EBD cannot contract with any vendor that refuses to submit to the independent audit process. 21 CAR § 51-105 requires the Director of EBD to implement the requirement of an IAP to verify the accuracy vendor-provided data, and the Director may request any vendor to submit to an IAP at any time during the contract period. 21 CAR § 51-106 requires vendors that are found through an IAP to have provided inaccurate data be subject to civil penalties as required by law, including Act 956 of 2025, as well as potential loss of licensure or authorization to operate in this state.

A public hearing was held on July 2, 2026. The period expired on July 14, 2026. The agency indicated that it did not receive any public comments. Camille Fleming, an attorney with the Bureau of Legislative Research, asked the following questions: 1. QUESTION. 21 CAR § 51-104. Will the stipulation that a vendor must submit to an independent audit for data verification purposes be included in any RFP and RFQ applications, or other similar applications, or will this requirement first be mentioned in the contract? RESPONSE: Yes, we 84 will make it a part of future RFP/RFQ’s as a requirement. For a little more clarification, the initial solicitation document will become a part of the contract itself — so vendors will be made aware of it in the initial posting of the solicitation, and then that document will also be a part of the signed contract. 2. QUESTION. Will this independent audit process be conducted by EBD or will EBD contract with a third party that will conduct the audits on behalf of EBD? RESPONSE: EBD will contract with an independent third party that will conduct the audits on behalf of EBD.

• ALC summary agenda Aug 20, 2026
• ALC agenda Aug 20, 2026
• ALC meeting video Aug 20, 2026
• Arkansas Register, September 2026