reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2543 - Cost or pricing data

41-2543.
Cost or pricing data
A. The submission of current cost or pricing data may be required in connection with an award in situations in which analysis of the proposed price is essential to determine that the price is reasonable and fair. A contractor shall,  except as provided in subsection C,  submit current cost or pricing data and shall certify that,  to the best of the contractor's knowledge and belief,  the cost or pricing data submitted was accurate,  complete and current as of a mutually determined specified date before the date of either:
1. The pricing of any contract awarded by competitive sealed proposals or pursuant to the sole source procurement authority,  if the total contract price is expected to exceed an amount established by department rules.
2. The pricing of any change order or contract modification which is expected to exceed an amount established by department rules.
B. Any contract,  change order or contract modification under which a certificate is required shall contain a provision that the price to this state shall be adjusted to exclude any significant amounts by which this state finds that the price was increased because the contractor-furnished cost or pricing data was inaccurate,  incomplete or not current as of the date agreed on between the parties. Such adjustment by this state may include profit or fee.
C. The requirements of this section need not be applied to contracts if any of the following applies:
1. The contract price is based on adequate price competition.
2. The contract price is based on established catalogue prices or market prices.
3. Contract prices are set by law or rule.
4. It is determined in writing in accordance with rules adopted by the director that the requirements of this section may be waived,  and the reasons for the waiver are stated in writing.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2546 - Multiterm contracts

41-2546.
Multiterm contracts
A. Unless otherwise provided by law,  a contract for materials or services may be entered into for a period of time up to five years and a contract for job-order-contracting construction services may also be entered into for a period of time up to five years,  as deemed to be in the best interest of this state,  if the term of the contract and conditions of renewal or extension,  if any,  are included in the solicitation and monies are available for the first fiscal period at the time of contracting. Notwithstanding any other law,  a contract,  including contracts not otherwise subject to this chapter,  may be entered into for materials or services for a period of time exceeding five years if,  under rules adopted pursuant to this chapter,  the director determines in writing that such a contract would be advantageous to this state. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.
B. Before the use of a multiterm contract,  it shall be determined in writing that:
1. Estimated requirements cover the period of the contract and are reasonable and continuing.
2. Such a contract will serve the best interests of this state by encouraging effective competition or otherwise promoting economies in state procurement.
C. If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period,  the contract shall be cancelled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the materials or services delivered under the contract or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for such purposes.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2548 - Right to audit records

41-2548.
Right to audit records
A. The state may,  at reasonable times and places,  audit the books and records of any person who submits cost or pricing data as provided in section 41-2543 to the extent that the books and records relate to the cost or pricing data. Any person who receives a contract,  change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for five years after the completion of the contract pursuant to section 35-214.
B. The state is entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of five years after the completion of the prime contract pursuant to section 35-214 and by the subcontractor for a period of five years after the completion of the subcontract pursuant to section 35-214.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2549 - Reporting of anticompetitive practices

41-2549.
Reporting of anticompetitive practices
If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors,  a notice of the relevant facts shall be transmitted to the director and the attorney general. This section does not require a law enforcement agency conducting an investigation into such practices to convey such notice to the director.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2551 - Record of procurement actions

41-2551.
Record of procurement actions
A. The director shall maintain a record listing all contracts in excess of an amount to be determined by regulation made under section 41-2536 or 41-2537 for a minimum of five years. The record shall contain:
1. Each contractor's name.
2. The amount and type of each contract.
3. A listing of the materials,  services or construction procured under each contract.
B. The record shall be available for public inspection.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2556 - Demonstration projects

41-2556.
Demonstration projects
A. A demonstration project may be undertaken if the director determines in writing that the project is innovative and unique. This state shall not be obligated to pay the contractor,  or to procure or lease the services or materials supplied by the contractor. However,  on the written request and justification by the agency and written determination by the director that it is in the best interest of this state,  this state may pay the contractor for the demonstration project. The contract term shall not exceed two years. A request and written determination of the basis for the contract award shall be included in the contract file.
B. A contract to procure or lease services or materials previously supplied during a demonstration project shall be conducted under this article.
C. Except as otherwise provided by law,  a contractor for a demonstration project shall not be precluded from participating as a bidder or offeror in a procurement for the services or materials supplied during a demonstration project.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2557 - Unsolicited proposals

41-2557.
Unsolicited proposals
A contract may be awarded based on an unsolicited proposal only if the director determines in writing that the conditions of either section 41-2536 or 41-2537 exist. The determination shall include all of the following:
1. The proposal is innovative and unique.
2. The proposal is not available without restriction from another source and does not closely resemble a similar product which is either available or pending in the industry.
3. The technical office of the purchasing agency receiving the proposal has sufficiently supported its recommendations with facts and circumstances that preclude competition.
4. The procurement officer has approved in writing the award of a contract based on the unsolicited proposal.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2558 - General services administration contracts

41-2558.
General services administration contracts
Notwithstanding sections 41-2533 and 41-2534,  the director or the director's designee may evaluate general services administration contracts for materials and services. The director or the director's designee may authorize a purchasing agency to make purchases under a contract approved by the director or the director's designee without complying with the requirements prescribed in section 41-2533 or 41-2534 if the director or the director's designee determines all of the following apply:
1. The price is equal to or less than the contractor's current federal supply contract price.
2. The contractor has indicated in writing that the contractor is willing to extend the current federal supply contract pricing,  terms and conditions.
3. The purchase order adequately identifies the federal supply contract on which the order is based.
4. It is cost-effective and in the best interests of this state.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2559 - Public-private partnership contracts

41-2559.
Public-private partnership contracts
A. The director may enter into public-private partnership contracts to finance the technology needs of the purchasing agency. The funding for services under a public-private partnership contract entered into pursuant to this section shall be contingent on and computed according to established performance standards and shall be attributable to the successful implementation of the technology program for the period specified in the contract. The director may issue requests for information and requests for proposals to solicit private partners that are interested in providing programs under a contract entered into pursuant to this section.
B. Each request for proposals issued pursuant to this section shall require each private partner to propose specific performance improvements and measurement approaches to be used to measure the value delivered by the vendor technology solution. The director shall include an assessment of the proposed value of the vendor technology solution in its evaluation criteria to select the best value solution for the purchasing agency.
C. A contract entered into between the director and an automated systems vendor shall provide for payment of fees on a contractually specific amount based on the achievement of measured performance improvements that are mutually agreed to by the contractor and the director and monies for payment of these fees are not subject to legislative appropriation. The following are subject to review and approval by the director:
1. The terms of contracts entered into pursuant to this section relating to the measurement of the performance improvement attributable to the vendor technology program.
2. Payment of fees based on the achievement of the established performance measures.
D. Before a public-private partnership contract is awarded pursuant to this section,  the joint legislative budget committee staff shall be consulted with regard to the potential fiscal impact of the contract to the state. If the joint legislative budget committee staff finds a significant negative fiscal impact to the state,  the staff shall report its findings to the joint legislative budget committee.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2562 - Duties of the director

41-2562.
Duties of the director
A. The director shall establish guidelines governing the preparation,  maintenance and content of specifications for materials,  services and construction required by this state. The director shall prepare,  issue,  revise,  maintain and monitor the use of specifications for materials,  services and construction required by this state.
B. Notwithstanding the provisions of section 41-2501,  all procurement solicitations for volatile organic compound containing commodities shall include a request for substitute commodities with lower or no volatile organic content. Substitute products shall not have increased toxicity compared to the original commodity.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2571 - Definitions

41-2571.
Definitions
In this article,  unless the context otherwise requires:
1. " Architect services" ,  " engineer services" ,  " land surveying services" ,  " geologist services"  and " landscape architect services"  mean those professional services within the scope of the practice of those services as provided in title 32,  chapter 1,  article 1.
2. " Cost"  means the aggregate cost of all materials and services,  including labor performed by force account.
3. " Design professional service contract"  means a written agreement relating to the planning,  design,  construction administration,  study,  evaluation,  consulting,  inspection,  surveying,  mapping,  material sampling,  testing or other professional,  scientific or technical services furnished in connection with any actual or proposed study,  planning,  survey,  environmental remediation,  construction,  improvement,  alteration,  repair,  maintenance,  relocation,  moving,  demolition or excavation of a structure,  street or roadway,  appurtenance,  facility or development or other improvement to land.
4. " Design professional services"  means architect services,  engineer services,  land surveying services,  geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or employees or subconsultants of the design professional.
5. " Subconsultant"  means any person,  firm,  partnership,  corporation,  association or other organization,  or a combination of any of them,  that has a direct contract with a design professional or another subconsultant to perform a portion of the work under a design professional service contract.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2572 - Construction by state employees; construction by inmates of public institution

41-2572.
Construction by state employees;  construction by inmates of public institution
A. A building,  structure,  addition or alteration of a public facility may be constructed by employees or force account,  if the cost does not exceed twenty thousand dollars.
B. A building,  structure,  addition or alteration at a public institution may be constructed by inmates if such work is determined to be advantageous to this state.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2573 - Bid security

41-2573.
Bid security
A. As a guarantee that the contractor will enter into a contract,  bid security is required for all construction procured pursuant to section 41-2533 and all construction services procured pursuant to section 41-2578,  subsection F or section 41-2579,  subsection F if the purchasing agency estimates that the budget for construction,  excluding the cost of any finance services,  maintenance services,  operations services,  design services,  preconstruction services or other related services included in the contract,  will be more than the amount established by section 41-2535,  subsection D. Bid security shall be a certified check or surety bond.
B. Bid security shall be submitted in the following amounts:
1. For design-bid-build construction services,  ten percent of the contractor's bid.
2. For design-build construction services awarded by competitive sealed proposals pursuant to section 41-2578,  subsection F,  ten percent of the purchasing agency's construction budget for the project as stated in the request for proposals,  excluding finance services,  maintenance services,  operations services,  design services,  preconstruction services or any other related services included in the contract.
3. For job-order-contracting construction services awarded by competitive sealed proposals pursuant to section 41-2578,  subsection F or section 41-2579,  subsection F,  the amount prescribed by the purchasing agency in the request for proposals,  but not more than ten percent of the purchasing agency's reasonably estimated budget for construction that the purchasing agency believes is likely to actually be done during the first year under the contract,  excluding any finance services,  maintenance services,  operations services,  design services,  preconstruction services or other related services included in the contract.
C. This section does not prevent a state governmental unit from requiring such bid security in relation to any construction contract. The surety bond shall be executed and furnished as required by title 34,  chapter 2 or chapter 6,  as applicable,  and the conditions and provisions of the surety bond regarding the surety's obligations shall follow the form required by section 34-201 or 34-608,  as applicable.
D. If the invitation for bids or request for proposals requires security,  noncompliance requires that the bid be rejected unless,  pursuant to rules,  it is determined that the bid fails to comply in a nonsubstantial manner with the security requirements.
E. After the bids or proposals are opened,  they are irrevocable for the period specified in the invitation for bids or request for proposals,  except as provided in section 41-2533,  subsection F,  section 41-2578,  subsection F and section 41-2579,  subsection F. If a bidder is permitted to withdraw its bid before award,  no action may be had against the bidder or the bid security.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2576 - Contract payment retention; partial payment

41-2576.
Contract payment retention;  partial payment
A. Ten per cent of all construction contract payments shall be retained by this state as insurance of proper performance of the contract or,  at the option of the contractor,  a substitute security may be provided by the contractor in an authorized form pursuant to rules adopted by the director. The contractor is entitled to all interest from any such substitute security.
B. When the contract is fifty per cent completed,  one-half of the amount retained or securities substituted pursuant to this section shall be paid to the contractor upon the contractor's request provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty per cent completed,  no more than five per cent of the amount of any subsequent progress payments made under the contract shall be retained providing the contractor is making satisfactory progress on the project,  except that if at any time the state determines satisfactory progress is not being made ten per cent retention shall be reinstated for all progress payments made under the contract subsequent to the determination.
C. Any retention shall be paid or substitute security shall be returned to the contractor within sixty days after final completion and acceptance of work under the contract. Retention of payments by a purchasing agency longer than sixty days after final completion and acceptance requires a specific written finding by the purchasing agency of the reasons justifying the delay in payment. No purchasing agency may retain any monies after sixty days which are in excess of the amount necessary to pay the expenses the purchasing agency reasonably expects to incur in order to pay or discharge the expenses determined by the finding justifying the retention of monies.
D. This state shall not accept any substitute security unless accompanied by a signed and acknowledged waiver of any right or power of the obligor to set off any claim against either the state governmental unit or the contractor in relationship to the security assigned. In any instance in which this state accepts substitute security as provided in this section,  any subcontractor undertaking to perform any part of the contract is entitled to provide such security to the contractor.
E. Notwithstanding anything to the contrary in this section or in any other law:
1. There shall be no retention for job-order-contracting construction services contracts and the purchasing agency may elect to have no retention for construction-manager-at-risk and design-build construction services contracts.
2. This section applies only to amounts payable in a construction services contract for construction and does not apply to amounts payable in a construction services contract for design services,  preconstruction services,  finance services,  maintenance services,  operations services or any other related services included in the contract.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2582 - Project delivery methods for design and construction services

41-2582.
Project delivery methods for design and construction services
A. A purchasing agency may procure design services,  construction and construction services,  as applicable,  under any of the following project delivery methods:
1. Design-bid-build.
2. Construction-manager-at-risk.
3. Design-build.
4. Job-order-contracting.
B. For the design-bid-build project delivery method,  the director shall procure:
1. Design services pursuant to section 41-2535,  41-2536,  41-2537,  41-2578,  41-2579 or 41-2581.
2. Construction by competitive sealed bidding,  except as otherwise provided in section 41-2532.
C. The director shall procure construction services under the construction-manager-at-risk,  design-build and job-order-contracting project delivery methods pursuant to section 41-2535,  41-2536,  41-2537,  41-2578 or 41-2579.
D. The director shall procure design services relating to a construction-manager-at-risk construction services project pursuant to section 41-2535,  41-2536,  41-2537,  41-2578,  41-2579 or 41-2581.
E. For job-order-contracting construction services projects,  if the director does not include design services in the job-order-contracting construction services contract,  the director shall procure any design services relating to job-order-contracting construction services projects under the contract pursuant to section 41-2535,  41-2536,  41-2537,  41-2578,  41-2579 or 41-2581.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2583 - Construction contracts; design professional service contracts; void provisions

41-2583.
Construction contracts;  design professional service contracts;  void provisions
A provision,  covenant,  clause or understanding in,  collateral to or affecting a construction contract or design professional service contract that makes the contract subject to the laws of another state or that requires any litigation,  arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against this state's public policy and is void and unenforceable.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2585 - Contract clauses

41-2585.
Contract clauses
A. The director may permit or require the inclusion of clauses providing for appropriate remedies,  adjustments in prices,  time of performance or other contract provisions.
B. The director may modify clauses for inclusion in any particular state contract,  provided that any variations are supported by a written determination that states the circumstances justifying the variation and provided that notice of any material variation is stated in the solicitation.
C. All contract clauses shall be consistent with the provisions of this chapter and the regulations issued pursuant to this chapter.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2601 - Definitions

41-2601.
Definitions
In this article,  unless the context otherwise requires:
1. " Excess materials"  means any materials which have a remaining useful life but which are no longer required by the using agency in possession of the materials.
2. " Nonexpendable materials"  means all tangible materials which have an original acquisition cost over an amount set by regulation and a probable useful life of more than one year.
3. " Surplus materials"  means any materials that no longer have any use to this state or materials acquired from the United States government. This includes obsolete materials,  scrap materials and nonexpendable materials that have completed their useful life cycle.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2602 - Material management rules

41-2602.
Material management rules
The director shall adopt rules governing:
1. The management of materials during their entire life cycle.
2. The acquisition and distribution of federal surplus materials.
3. The sale,  lease or disposal of surplus materials by public auction,  competitive sealed bidding or other appropriate method designated by rule.
4. The purchase of any such materials by an employee of the owning or disposing agency.
5. The transfer of excess and surplus materials.
6. The trade-in of excess or surplus materials.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2604 - Authority for transfer of material

41-2604.
Authority for transfer of material
Notwithstanding any law to the contrary,  the governing board,  or in case there is none,  the executive head of any state governmental unit,  political subdivision or nonprofit institution determined to be eligible to receive surplus materials,  may confer on any officer or employee thereof continuing authority to secure the transfer to it of surplus materials and to obligate its monies to the extent necessary to comply with the laws and conditions of such transfers. The director shall adopt rules establishing guidelines for use in determining eligibility.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2605 - Fees and charges

41-2605.
Fees and charges
The department shall make proper charges and assess proper fees for the acquisition,  receipt,  warehousing,  rehabilitation,  delivery,  distribution or transfer of excess and surplus materials. Such fees and charges shall be fair and equitable and shall be based on services performed,  including acquisition,  receipt,  warehousing,  rehabilitation,  delivery,  distribution or transfer. A reasonable charge shall be made for maintenance and repair services.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2606 - Surplus materials revolving funds

41-2606.
Surplus materials revolving funds
A. The state surplus materials revolving fund is established. All monies coming into the department derived from state surplus materials fees and charges shall be placed in the state surplus materials revolving fund. All uncommitted monies in the state surplus materials revolving fund in excess of one hundred thousand dollars at the close of any fiscal year revert to the state general fund.
B. The federal surplus materials revolving fund is established. All monies coming into the department derived from federal surplus materials shall be placed in the federal surplus materials revolving fund. All uncommitted monies in the federal surplus materials revolving fund in excess of fifty thousand dollars at the close of any fiscal year shall be returned to agencies and institutions through discounted service and handling charges to eligible donees in the following fiscal year until the surplus is depleted.
C. Monies in the funds shall be available,  subject to legislative appropriation,  for the purpose of carrying out the provisions of this article.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2611 - Rules of procedure

41-2611.
Rules of procedure
A. The director may adopt rules of procedure providing for the expeditious administrative review of all contract claims or controversies both before the purchasing agency and through an appeal heard before the director in accordance with chapter 6,  article 10 of this title.
B. For the purposes of an expeditious administrative process,  the director shall render a decision on an appeal to the director within forty-two days after the date the agency report or comments on the agency report,  if applicable,  are filed with the director. On agreement of all interested parties,  the director may be granted an additional fourteen days to issue a decision. If the director fails to issue a decision within the time period prescribed in this subsection,  the director shall refer the appeal to a hearing in accordance with chapter 6,  article 10 of this title.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2612 - Subject of rules

41-2612.
Subject of rules
The rules adopted by the director pursuant to section 41-2611 shall address at least the following subjects:
1. Protested solicitations and awards.
2. Vendor performance and evaluation of past performance.
3. Suspension or debarment of contractors.
4. Breach of contract controversies and contract claims.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2613 - Debarment and suspension of contractors

41-2613.
Debarment and suspension of contractors
A. The director shall adopt rules providing for the suspension and debarment of any person from consideration for award of contracts pursuant to this chapter. If there are reasonable grounds for debarment the rules of the director may provide for the suspension of any person for not to exceed six months. A debarment shall not exceed three years.
B. The causes for debarment or suspension include the following:
1. Conviction of any person or any subsidiary or affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract,  or in the performance of such contract or subcontract.
2. Conviction of any person or any subsidiary or affiliate of any person under any statute of the federal government,  this state or any other state for embezzlement,  theft,  fraudulent schemes and artifices,  fraudulent schemes and practices,  bid rigging,  perjury,  forgery,  bribery,  falsification or destruction of records,  receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor.
3. Conviction or civil judgment finding a violation by any person or any subsidiary or affiliate of any person under state or federal antitrust statutes.
4. Violations of contract provisions of a character which are deemed to be so serious as to justify debarment action,  such as either of the following:
(a) Knowingly fails without good cause to perform in accordance with the specification or within the time limit provided in the contract.
(b) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts,  except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.
5. Any other cause deemed to affect responsibility as a state contractor,  including suspension or debarment of such person or any subsidiary or affiliate of such person by another governmental entity for any cause listed in rules of the director.
C. A written determination to debar or suspend shall be issued pursuant to the rules of the director which shall:
1. State the reasons for the action taken.
2. Inform any debarred or suspended person involved of the right to administrative review as provided in this article.
D. A copy of the decision under subsection C shall be mailed or otherwise furnished to any debarred or suspended person and to any intervening party.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2614 - Judicial review

41-2614.
Judicial review
Except as provided in section 41-1092.08,  subsection H,  any final decision of the director under this chapter is subject to judicial review pursuant to title 12,  chapter 7,  article 6 by any party to the proceeding before the director,  and the complaint seeking review shall be filed with the superior court in Maricopa county and served on the director and the purchasing agency.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2615 - Exclusive remedy

41-2615.
Exclusive remedy
Notwithstanding any law to the contrary,  including title 12,  chapter 7,  article 2 and title 12,  chapter 21,  this article and the rules adopted under this article shall provide the exclusive procedure for asserting a claim against this state or any agency of this state arising in relation to any procurement conducted under this chapter.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2616 - Violation; classification; liability; civil penalty; enforcement authority

41-2616.
Violation;  classification;  liability;  civil penalty;  enforcement authority
A. A person who contracts for or purchases any material,  services,  construction or construction services in a manner contrary to the requirements of this chapter,  the rules adopted pursuant to this chapter,  the rules adopted by the state board of education pursuant to section 15-213 or rules adopted by the Arizona board of regents,  the Arizona lottery commission or the judicial branch pursuant to section 41-2501 is personally liable for the recovery of all public monies paid plus twenty per cent of such amount and legal interest from the date of payment and all costs and damages arising out of the violation.
B. A person who intentionally or knowingly contracts for or purchases any material,  services,  construction or construction services pursuant to a scheme or artifice to avoid the requirements of this chapter,  rules adopted pursuant to this chapter,  rules adopted by the state board of education pursuant to section 15-213 or rules adopted by the state board of regents,  the state lottery commission or the judicial branch pursuant to section 41-2501 is guilty of a class 4 felony.
C. A person who serves on an evaluation committee for a procurement shall sign a statement before reviewing bids or proposals that the person has no interest in the procurement other than that disclosed and will have no contact with any representative of a competing vendor related to the particular procurement during the course of evaluation of bids or proposals,  except those contacts specifically authorized by section 41-2534,  41-2537,  41-2538,  41-2578,  41-2579 or 41-2581. The person shall disclose on the statement any contact unrelated to the pending procurement that the person may need to have with a representative of a competing vendor and any contact with a representative of a competing vendor during evaluation of bids or proposals except those contacts specifically authorized by section 41-2534,  41-2537,  41-2538,  41-2578,  41-2579 or 41-2581. A person who serves on an evaluation committee and who fails to disclose contact with a representative of a competing vendor or who fails to provide accurate information on the statement is subject to a civil penalty of at least one thousand dollars but not more than ten thousand dollars.
D. The attorney general on behalf of this state shall enforce the provisions of this chapter.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2617 - Contracts for procurement of construction; delay; recovery of damages by contractor

41-2617.
Contracts for procurement of construction;  delay;  recovery of damages by contractor
A contract for the procurement of construction shall include a provision which provides for negotiations between the state governmental unit and the contractor for the recovery of damages related to expenses incurred by the contractor for a delay for which the state governmental unit is responsible,  which is unreasonable under the circumstances and which was not within the contemplation of the parties to the contract. This section shall not be construed to void any provision in the contract which requires notice of delays,  provides for arbitration or other procedure for settlement or provides for liquidated damages.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2631 - Definitions

41-2631.
Definitions
In this article,  unless the context otherwise requires:
1. " Cooperative purchasing"  means procurement conducted by,  or on behalf of,  more than one public procurement unit.
2. " External procurement activity"  means any buying organization not located in this state that would qualify as a public procurement unit.
3. " Local public procurement unit"  means any political subdivision,  any agency,  board,  department or other instrumentality of such political subdivision and any nonprofit corporation created solely for the purpose of administering a cooperative purchase under this article.
4. " Nonprofit corporation"  means any nonprofit corporation as designated by the internal revenue service under section 501(c)(3) through 501(c)(6) or under section 115,  if created by two or more local public procurement units,  and includes certified nonprofit agencies that serve individuals with disabilities as defined in section 41-2636.
5. " Public procurement unit"  means either a local public procurement unit,  the department,  any other state or an agency of the United States.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2634 - Public procurement units in compliance with chapter requirements

41-2634.
Public procurement units in compliance with chapter requirements
If the public procurement unit administering a cooperative purchase complies with the requirements of this chapter,  any public procurement unit participating in such a purchase is deemed to have complied with this chapter. Public procurement units may not enter into a cooperative purchasing agreement for the purpose of circumventing this chapter.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2635 - Contract controversies

41-2635.
Contract controversies
A. Under a cooperative purchasing agreement in which this state is a party,  controversies arising between an administering public procurement unit and its bidders,  offerors or contractors shall be resolved in accordance with article 9 of this chapter.
B. Any local public procurement unit which is not subject to article 9 of this chapter may enter into an agreement with a public procurement unit to establish procedures or use such unit's existing procedures to resolve controversies with contractors,  whether or not such controversy arose from a cooperative purchasing agreement.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2661 - State agency office paper recycling

41-2661.
State agency office paper recycling
A. For purposes of this article,  the definitions found in section 49-831 apply to this article.
B. The department shall require that all state governmental units,  including universities,  establish a program for the recycling of all wastepaper generated by those units including,  at a minimum,  high grade office paper and corrugated paper. Under the program,  each unit shall ensure the separate collection of approximately fifty per cent of the office wastepaper generated by each unit not later than November 1,  1991.
C. The department shall establish procedures for collecting and storing the wastepaper containers to be used in this program.
D. The department shall administer the contracts with buyers of wastepaper.
E. On or before January 31 of each year,  the director of the department of administration shall evaluate the amount of wastepaper recycled by state governmental units and make all necessary modifications to the administration of the program to maximize the amount of wastepaper that is effectively and practicably recycled.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2671 - Definitions

41-2671.
Definitions
In this article,  unless the context otherwise requires:
1. " Information services"  means data processing,  telecommunications and office systems technologies and services.
2. " Internet"  means the international computer network of both federal and nonfederal interoperable packet switched data networks,  including the graphical subnetwork called the world wide web.
3. " On-line bidding"  means a procurement process in which public agencies receive vendors' bids for goods,  services,  construction or information services electronically over the internet in a real-time,  competitive bidding event.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2672 - On-line bidding

41-2672.
On-line bidding
A. If a procurement officer determines that electronic,  on-line bidding is more advantageous than other procurement methods provided in this chapter,  a procurement officer may use on-line bidding to obtain bids electronically for the purchase of goods,  services,  construction and information services.
B. An on-line bidding solicitation must designate an opening date and time.
C. The closing date and time for an on-line solicitation may be fixed or remain open depending on the structure of the item being bid on line. Information regarding the closing date and time must be included in the solicitation. At the opening date and time,  the purchasing agency must begin accepting on-line bids and must continue accepting bids until the bid is officially closed.
D. All on-line bids must be posted electronically and updated on a real-time basis.
E. Purchasing agencies may:
1. Require bidders to register before the opening date and time and,  as part of that registration,  require bidders to agree to any terms,  conditions or other requirements of the solicitation.
2. Prequalify bidders and allow only those bidders who are prequalified to submit bids on line.
F. Purchasing agencies retain their existing authority to determine the criteria that will be used as a basis for making awards.
G. Sections 41-2533 and 41-2534 do not apply to solicitations issued pursuant to this section,  except that:
1. All bids submitted electronically through an on-line bidding process are public information and are subject to the same public disclosure laws that govern bids received through the sealed bid process.
2. All remedies available to purchasing agencies and to bidders through the sealed bid process under this chapter are also available to purchasing agencies and bidders in an on-line bidding process.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2673 - State electronic commerce fund

41-2673.
State electronic commerce fund
A. The state electronic commerce fund is established consisting of monies appropriated by the legislature and any gifts,  grants or devises for the benefit of the fund. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Monies in the fund shall be used to help finance electronic commerce initiatives by purchasing agencies if other funding mechanisms do not exist or cannot be used. The department shall disburse monies in the fund to purchasing agencies based on agency requests and statewide electronic commerce priorities.
C. If a purchasing agency realizes savings through implementation of its electronic commerce initiative funded by the state electronic commerce fund,  the purchasing agency shall repay the fund the amount of monies originally disbursed to the agency plus ten per cent of the agency savings. The purchasing agency may retain the remainder of the savings generated through its electronic commerce initiative.
D. On notice from the department,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2701 - Definitions

41-2701.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Grant"  means the furnishing of financial or other assistance,  including state funds or federal grant funds,  by any state governmental unit to any person for the purpose of supporting or stimulating educational,  cultural,  social or economic quality of life.
2. " Person"  means any corporation,  business,  individual,  committee,  club or other organization or group of individuals.
3. " State governmental unit"  means any department,  commission,  council,  board,  bureau,  committee,  institution,  agency,  government corporation or other establishment or official of the executive branch or corporation commission of this state.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2703 - Waiver of solicitation and award procedures

41-2703.
Waiver of solicitation and award procedures
A. Notwithstanding any other provision of this chapter,  the director of the department of administration or the director's designee may waive the solicitation and award procedures if a situation exists that makes compliance with section 41-2702 impracticable,  unnecessary or contrary to the public interest,  except that the grant solicitation and award shall be made with competition that is practicable under the circumstances.
B. A state governmental unit seeking a waiver of solicitation and award procedures shall prepare a written request documenting and explaining the situation justifying the waiver. The request shall be submitted to the director of the department of administration or the director's designee,  who shall determine in writing whether to grant the request. If the request is granted,  the determination shall state the manner in which the grant is to be solicited and awarded and the limits of the determination.
C. A copy of each request and determination shall be kept on file in the office of the state governmental unit requesting the waiver and the office of the director of the department of administration or the office of the director's designee.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2704 - Remedies

41-2704.
Remedies
The head of the state governmental unit may resolve protests of the award or proposed award of a grant. An appeal from a decision of the head of a state governmental unit may be made to the director of the department of administration. A protest of an award or proposed award of a grant and any appeal shall be resolved in accordance with the rules of procedure adopted by the director pursuant to section 41-2611.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-2705 - Violation; classification; liability; enforcement authority

41-2705.
Violation;  classification;  liability;  enforcement authority
A. A person who violates this chapter is personally liable for the recovery of all public monies paid plus twenty per cent of the amount and legal interest from the date of payment and all costs and damages arising out of the violation.
B. A person who intentionally or knowingly participates in the award of a grant pursuant to a scheme or artifice to avoid the requirements of this chapter is guilty of a class 4 felony.
C. A person who serves as an evaluator of grant applications pursuant to this chapter shall sign a statement before reviewing applications that the person has no interest in any application other than that disclosed and shall not have contact with any representative of an applicant during the evaluation of applications,  except those contacts specifically authorized by this chapter. The person shall disclose on the statement any contact unrelated to the review of the grant applications that the person may need to have with a representative of an applicant and any contact with a representative of an applicant during evaluation of applications except those specifically authorized by this chapter. A person who serves as an evaluator and who fails to disclose contact with a representative of an applicant or who fails to provide accurate information on the statement is subject to a civil penalty of at least one thousand dollars but no more than ten thousand dollars.
D. The attorney general on behalf of this state shall enforce the provisions of this chapter.