Arkansas MWBE Certification: Status and What to Do

What it is

The Arkansas Economic Development Commission (AEDC) used to certify minority-owned and women-owned businesses (MWBE). Under the old rule, owners had to live in Arkansas, revenue had to be under $10 million, and certification lasted two years. State law also counted service-disabled veterans as "minority" for this program. Certification gave a directory listing and bid notices. It was not required to win a state contract.

What changed

Act 116 of 2025 (SB 3) was approved February 18, 2025. It added Ark. Code § 25-1-130, which bars the state, cities, counties, school districts and colleges from giving "preferential treatment" based on race, sex, color, ethnicity or national origin in state procurement. It has no emergency clause. The Arkansas Attorney General said 2025 acts like this took effect August 5, 2025 (Opinion 2025-032). The law says it does not affect preferences given to veterans.

AEDC then proposed repealing its MWBE certification rules (15 CAR pt. 183). It held a hearing October 15, 2025, with no comments. AEDC said a certification process would support a program Act 116 now prohibits. The rule went to the Legislative Council's rules subcommittee on February 19, 2026, with its effective date "pending legislative review and approval." AEDC's old "Get Certified" page now shows general small business programs, with no MWBE application.

Who qualifies

• No new MWBE certifications appear to be available. AEDC's pages no longer describe the program.
• Public improvement bids over $75,000 must still include statements that "encourage the participation" of small business enterprises and veteran-owned business enterprises (Ark. Code § 22-9-203(i), as amended by Act 116).
• Arkansas resident firm preference: 5% on commodity bids for county and city utility projects. A resident firm keeps a staffed Arkansas office and has paid Arkansas taxes for two years. This applies to local buyers, not state agencies.

What it means for your bids

• State agencies cannot give a race- or sex-based preference. An old AEDC certificate does not help on state bids.
• There are no state set-asides for small businesses that we could confirm.
• To claim the local resident preference, make a written claim when you submit the bid.

How to get certified

1. There is no state MBE/WBE certification to apply for. Register as a state vendor instead. Arkansas moved vendor registration to the Ariba Business Network on July 11, 2026. Firms registered before then must submit a new registration to respond to a solicitation: https://sas.arkansas.gov/procurement/vendor-registration-resources/
2. The Office of State Procurement page does not mention a fee.
3. For registration help, call 501-682-HELP (4357).

Watch out for

• The statute that created the program (Ark. Code § 15-4-314) still appears in the 2025 Arkansas Code. Act 116 did not repeal it. AEDC relies on Act 116's ban.
• We could not confirm the date the rule repeal took effect, or whether AEDC still certifies service-disabled veteran-owned firms. Ask AEDC at 501-682-7684.
• Act 116 also covers cities, counties and school districts, so local race- or sex-based programs face the same ban.
• Federal DBE (USDOT, through ARDOT) is a separate program.

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Sources

• www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=116.pdf&ddBien
• www.arkleg.state.ar.us/Bills/Detail?id=SB3&ddBienniumSession=2025%2F2025R
• www.arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2FMeeting+Attachments%2F040%2F27776
• www.arkansasedc.com/community-resources/Minority-and-Women-Owned-Business-Enterprise-Reso
• sas.arkansas.gov/procurement/vendor-registration-resources/
• law.justia.com/codes/arkansas/title-15/subtitle-1/chapter-4/subchapter-3/section-15-
• law.justia.com/codes/arkansas/title-22/chapter-9/subchapter-2/section-22-9-203/
• law.justia.com/codes/arkansas/title-19/chapter-11/subchapter-2/section-19-11-259/
• www.law.cornell.edu/regulations/arkansas/168-00-17-Ark-Code-R-SS-004
• law.justia.com/codes/arkansas/title-15/subtitle-1/chapter-4/subchapter-3/section-15-
• ezel.ai/ag-opinions/ar/2025-032-question-what-is-the-the-effective-date-of-ac

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.