reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1110 - Committee Evaluation and Contract Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If interviews are specified in the request
				  for qualifications:
1. The selection
				  committee shall determine the persons to be interviewed by evaluating the
				  statements of qualifications and performance data submitted based solely on the
				  selection criteria and relative weights in the request for qualifications to be
				  used to determine the persons to be interviewed.
2. If the selection criteria and relative
				  weights to be used by the selection committee to select the persons on the
				  final list and to determine their order on the final list are not included in
				  the request for qualifications:
a. Before the
				  interviews are held the school district shall distribute to the persons to be
				  interviewed the selection criteria and relative weights to be used to select
				  the persons on the final list and to determine their order on the final
				  list.
b. These selection criteria
				  and relative weights may be different than the selection criteria and relative
				  weight used to determine the persons to be interviewed.
3. The selection committee shall conduct
				  interviews with the number of persons specified in the request for
				  qualifications.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1112 - Contractor Licenses, Contract and Performance Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notwithstanding
				  any other rule:
1. The contractor for
				  design-build or job-order-contracting construction services is not required to
				  be registered to perform design services pursuant to A.R.S. Title 32, Chapter 1
				  if the person actually performing the design services on behalf of the
				  contractor is appropriately registered.
2. The contractor for
				  construction-manager-at-risk, design-build or job-order-contracting
				  construction services shall be licensed to perform construction pursuant to
				  A.R.S. Title 32, Chapter 10.
3. The
				  school district shall obtain and maintain a record of proof in the procurement
				  file that a construction or construction services provider that has been
				  awarded a contract with the school district, or through a cooperative
				  purchasing agreement, has a license in good standing to perform construction
				  work pursuant to A.R.S. Title 32, Chapter 10. The license shall be active on
				  the day the contract is awarded. This paragraph does not require licensure for
				  professions that are not licensed pursuant to A.R.S. Title 32, Chapter
				  10.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1113 - Prohibitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notwithstanding any
				  contrary provision of Articles 10 and 11, a school district shall not enter
				  into a contract to provide construction-manager-at-risk construction services,
				  design-build construction services or job-order-contracting construction
				  services.
B. The prohibitions
				  prescribed in subsection (A) do not prohibit a school district from providing
				  construction for itself as provided by law.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1114 - Bid Security, Contract Performance and Payment Bonds, and Payment and Retention

Current through Register Vol. 30, No. 28, July 12, 2024
A. Bid
				  security shall be provided pursuant to
				  R7-2-1102.
B. Contract performance and payment bonds
				  shall be provided pursuant to
				  R7-2-1103.
C.
				  Contract payment retention and substitute security shall be in accordance with
				  R7-2-1104.
D. Progress payments shall be in accordance
				  with
				  R7-2-1105.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1115 - Procurement File Contents and Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. At a minimum, the school district shall
				  retain the following for each procurement under
				  R7-2-1106
				  through
				  R7-2-1114:
1. For each request for qualifications
				  procurement process:
a. If interviews were
				  not held:
i. The submittal of the person
				  listed first on the final list and the submittal of each person with whom the
				  school district enters into a contract.
ii. The final list.
iii. A list of the selection criteria and
				  relative weight of selection criteria used to select the persons for the final
				  list and to determine their order on the final list.
iv. A list that contains the name of each
				  person that submitted qualifications and that shows the person's final overall
				  rank or score.
v. Documents that
				  show the final score or rank on each selection criteria of each person that
				  submitted qualifications and that support the final overall rankings and scores
				  of the persons that submitted qualifications. The school district shall retain
				  the individual scoring sheets for individual selection committee
				  members.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XV - PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES › Section R7-2-1118 - Public Notice of Specified Professional Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notice of the need for specified
				  professional services shall be given by the school district pursuant to
				  R7-2-1022
				  and
				  R7-2-1024(C).
				  Such notice shall be issued not less than 14 days in advance of when responses
				  shall be received.
B. The notice
				  shall:
1. Contain a statement of the services
				  required that adequately describes the procurement and specifies how a request
				  for qualifications containing specific information on the procurement may be
				  obtained.
2. Specify whether the
				  procurement is for a single contract or for multiple contracts; and
3. If the procurement is for multiple
				  contracts:
a. Specify that multiple contracts
				  may or will be awarded;
b. Specify
				  the number of contracts that may or will be awarded; and
c. Describe the specified professional
				  services to be performed under each contract.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XV - PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES › Section R7-2-1119 - Cancellation or Rejection of the Solicitation

Current through Register Vol. 30, No. 28, July 12, 2024
A school district may cancel a request for qualifications,
					 reject in whole or in part any or all statements of qualifications or determine
					 not to enter into a contract as specified in the solicitation if it is
					 advantageous to the school district. The school district shall make the reasons
					 for cancellation, rejection or determination not to enter into a contract part
					 of the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XV - PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES › Section R7-2-1120 - Specified Professional Services Selection Committee

Current through Register Vol. 30, No. 28, July 12, 2024
A. The school district shall initiate an
				  appropriately qualified selection committee for each request for
				  qualifications. The school district shall ensure that selection committee
				  members are competent to serve on the selection committee.
B. Each selection committee shall include at
				  least one school district representative appointed by the school
				  district.
C. The school district
				  shall determine the number and qualifications of the selection committee
				  members. These members may be employees of the school district or non-school
				  district appointees.
D. Non-school
				  district employees serving on a selection committee shall not receive
				  compensation from the school district for performing this service, but the
				  school district may elect to reimburse non-school district members for travel,
				  lodging and other expenses incurred in connection with service on a selection
				  committee.
E. A person who is a
				  member of a selection committee shall not be a contractor or subcontractor
				  under a contract awarded under the procurement or provide any specified
				  professional services or other services under the contract.
F. For the procurement of multiple contracts
				  for specified professional services, the same selection committee shall be used
				  for all contracts in the procurement.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XV - PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES › Section R7-2-1121 - Committee Evaluation and Selection

Current through Register Vol. 30, No. 28, July 12, 2024
A. If interviews are specified in the request
				  for qualifications:
1. The selection
				  committee shall determine the persons to be interviewed by evaluating the
				  statements of qualifications and performance data submitted based solely on the
				  selection criteria and relative weights in the request for qualifications to be
				  used to determine the persons to be interviewed.
2. If the selection criteria and relative
				  weights to be used by the selection committee to select the persons on the
				  final list or final lists and to determine their order on the final list or
				  final lists are not included in the request for qualifications:
a. Before the interviews are held the school
				  district shall distribute to the persons to be interviewed the selection
				  criteria and relative weights to be used to select the persons on the final
				  list and to determine their order on the final list.
b. These selection criteria and relative
				  weight may be different than the selection criteria and relative weight used to
				  determine the persons to be interviewed.
3. The selection committee shall conduct
				  interviews with the number of persons specified in the request for
				  qualifications.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XV - PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES › Section R7-2-1123 - Procurement File Contents and Review for Procurements Conducted under R7-2-1117 through R7-2-1121

Current through Register Vol. 30, No. 28, July 12, 2024
A. At a
				  minimum, the school district shall retain the following for each procurement
				  under
				  R7-2-1117
				  through
				  R7-2-1121:
1. If interviews were not held:
a. The submittal of the person listed first
				  on the final list and the submittal of each person with whom the school
				  district enters into a contract. If the procurement has multiple final lists,
				  the school district shall retain the submittal of the person listed first on
				  the final list and the submittal of each person with whom the school district
				  enters into a contract, for each final list.
b. The final list or final lists.
c. A list of the selection criteria and
				  relative weight of selection criteria used to select the persons for the final
				  list or final lists and to determine their order on the final list or final
				  lists.
d. A list that contains the
				  name of each person that submitted qualifications and that shows the person's
				  final overall rank or score.
e.
				  Documents that show the final score or rank on each selection criteria of each
				  person that submitted qualifications and that support the final overall
				  rankings and scores of the persons that submitted qualifications. The school
				  district shall retain the individual scoring sheets for individual selection
				  committee members.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVI - COST PRINCIPLES › Section R7-2-1125 - Cost Principles

Current through Register Vol. 30, No. 28, July 12, 2024
The cost principles adopted by the director of the
					 Department of Administration pursuant to A.R.S. §
										41-2591
					 shall be used to determine the allowability of incurred costs for the purpose
					 of reimbursing costs under contract provisions that provide for the
					 reimbursement of costs.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVII - MATERIALS MANAGEMENT › Section R7-2-1132 - State and Federal Surplus Materials Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. The governing board may acquire surplus
				  materials from the state and the United States government.
B. The governing board may enter into an
				  agreement with the State Surplus Property Manager for the purpose of acquiring
				  surplus materials from the United States government pursuant to A.R.S. §
										41-2603
				  and the rules adopted thereunder.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVII - MATERIALS MANAGEMENT › Section R7-2-1133 - Authority for Transfer of Material

Current through Register Vol. 30, No. 28, July 12, 2024
Notwithstanding any law to the contrary, the governing
					 board may secure the transfer of surplus materials and obligate its monies to
					 the extent necessary to comply with the laws and conditions of such
					 transfers.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1141 - Resolution of Bid Protests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Informal resolution of bid protests. Nothing in Articles 10 and 11 are intended
				  to eliminate the informal resolution of problems by school district
				  personnel.
B. Formal resolution of
				  bid protests. The governing board pursuant to
				  R7-2-1007
				  shall designate a district representative, as defined in
				  R7-2-1001, to resolve
				  bid protests. All solicitations issued by the school district shall include the
				  name of the district representative and shall indicate that any bid protest
				  shall be filed with the district representative. Appeal from the decision of
				  the district representative may be made to the hearing officer pursuant to
				  R7-2-1147
				  and
				  R7-2-1181.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1142 - Filing of a Protest

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				  interested party may protest a solicitation issued by the school district, a
				  determination that a proposal is unacceptable, or the proposed award or the
				  award of a school district contract. Protests shall be filed with the district
				  representative.
B. Content of
				  protest. The protest shall be in writing and shall include the following
				  information:
1. The name, address and
				  telephone number of the interested party;
2. The signature of the interested party or
				  the interested party's representative;
3. Identification of the solicitation or
				  contract number;
4. A detailed
				  statement of the legal and factual grounds of the protest including copies of
				  relevant documents; and
5. The form
				  of relief requested.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1143 - Time for Filing Protests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Protests based upon alleged improprieties in a solicitation that are apparent
				  before the due date and time for responses to the solicitation, shall be filed
				  before the due date and time for responses to the solicitation.
B.
				  In cases other than those covered in subsection (A) , the interested party
				  shall file the protest within 10 days after the school district makes the
				  procurement file available for public inspection.
C. The interested party may file a written
				  request with the district representative for an extension of the time limit for
				  protest filing set forth in subsection (B). The written request shall be filed
				  before the expiration of the time limit set forth in subsection (B) and shall
				  set forth good cause as to the specific action or inaction of the school
				  district that resulted in the interested party being unable to file the protest
				  within the 10 days. The district representative shall approve or deny the
				  request in writing, state the reasons for the determination, and, if an
				  extension is granted, set forth a new date for submission of the
				  filing.
D. If the interested party
				  shows good cause and it is advantageous to the school district, the district
				  representative may consider any protest that is not filed timely.
E. The district representative shall
				  immediately give notice of the protest to the successful contractor if award
				  has been made or, if no award has been made, to all interested
				  parties.
F. At any time the
				  district representative or hearing officer may refer the protest to the
				  governing board for resolution in accordance with
				  R7-2-1152.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1144 - Stay of Procurements During the Protest

Current through Register Vol. 30, No. 28, July 12, 2024
The district representative may stay all or part of the
					 procurement or contract if it is determined that there is a reasonable
					 probability the protest will be upheld or that a stay is advantageous to the
					 school district. The district representative shall notify the successful
					 contractor if award has been made or, if no award has been made, all interested
					 parties of the stay in writing no later than the time of issuance of the
					 district representative's decision in accordance with
					 R7-2-1145.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1145 - Decision by the District Representative

Current through Register Vol. 30, No. 28, July 12, 2024
A. The district representative shall have the
				  authority granted to the district representative by the governing board to
				  settle and resolve a protest.
B.
				  The district representative shall issue a written decision within 14 days after
				  a protest has been filed, or after additional information requested by the
				  district representative has been submitted, pursuant to
				  R7-2-1142.
				  The decision shall include:
1. A statement of
				  the decision of the district representative with supporting rationale;
				  and
2. A paragraph substantially as
				  follows: "This is the decision of the district representative of the
				  _____________ School District.
The decision may be appealed to a hearing officer. If you
					 appeal, you must file a written notice of appeal with the district
					 representative within 30 days from the date of the decision."
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1146 - Remedies

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the district
				  representative sustains the protest in whole or part and determines that a
				  solicitation, a determination that a proposal is unacceptable, proposed
				  contract award, or contract award does not comply with Articles 10 and 11, the
				  school district shall implement an appropriate remedy.
B. In determining an appropriate remedy, the
				  district representative shall consider all the circumstances surrounding the
				  procurement or proposed procurement including, but not limited to, the
				  seriousness of the procurement deficiency, the degree of prejudice to other
				  interested parties or to the integrity of the procurement system, the good
				  faith of the parties, the extent of performance, costs to the school district,
				  the urgency of the procurement, the impact of the relief on the mission of the
				  school district, and other relevant issues.
C. An appropriate remedy may include one or
				  more of the following:
1. Decline to exercise
				  an option to renew under the contract;
2. Terminate the contract;
3. Amend the solicitation;
4. Issue a new solicitation;
5. Award a contract consistent with
				  procurement statutes and regulations; or
6. Such other relief as is determined
				  necessary to ensure compliance with Articles 10 and 11.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1147 - Appeals to a Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  appeal to a hearing officer from a decision entered or deemed to be entered by
				  the district representative shall be filed with the district representative
				  within 30 days from the date of decision.
B. Content of appeal. The appeal shall
				  contain:
1. The information set forth in
				  R7-2-1142(B);
				  and
2. The precise factual or legal
				  error in the decision of the district representative from which an appeal is
				  taken.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1148 - Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
The district representative shall within three working days
					 give notice of the filing of the appeal to the governing board and the
					 successful contractor if award has been made.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1149 - Stay of Procurement During Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
If an appeal is filed and the procurement or contract was
					 stayed by the district representative pursuant to
					 R7-2-1144,
					 the filing of an appeal shall automatically continue the stay unless the
					 hearing officer makes a written determination that the award of the contract
					 without delay is necessary to protect substantial interests of the school
					 district. If no such determination is made, the stay shall automatically end
					 upon written decision of the hearing officer pursuant to
					 R7-2-1151
					 or
					 R7-2-1181.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1150 - District Representative's Response

Current through Register Vol. 30, No. 28, July 12, 2024
A. The district representative shall file a
				  complete response to the appeal within 21 days from the date the appeal is
				  filed or within five days after the hearing officer has been selected,
				  whichever is later. At the same time, the district representative shall furnish
				  a copy of the response to the appellant and to any interested party.
B. The district representative may submit a
				  written request to the hearing officer for an extension of the period for
				  submission of response, identifying the reasons for the extension. The hearing
				  officer shall approve or deny the request in writing, state the reasons for the
				  determination, and, if an extension is granted, set forth a new date for the
				  submission of filing a response. The hearing officer shall notify the district
				  representative and the interested party of any extension.
C. The
				  interested party shall file comments on the district representative's response
				  with the hearing officer within 10 days after receipt of the response. The
				  interested party shall provide copies of the comments to the district
				  representative and other interested parties.
D. The interested party
				  may submit a written request to the hearing officer for an extension of the
				  period for submission of comments, identifying the reasons for the extension.
				  The hearing officer shall approve or deny the request in writing, state the
				  reasons for the determination, and, if an extension is granted, set forth a new
				  date for the submission of filing comments. The hearing officer shall notify
				  the district representative and the interested party of any
				  extension.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1151 - Dismissal Before Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  hearing officer shall dismiss, upon a written determination, an appeal before
				  scheduling a hearing if:
1. The appeal does
				  not state a valid basis for protest;
2. The appeal is untimely pursuant to
				  R7-2-1147(A);
				  or
3. The appeal attempts to raise
				  issues not raised in the protest.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1152 - Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
Hearings on appeals of bid protest decisions shall be
					 conducted pursuant to
					 R7-2-1181 and
					 A.R.S. §
										41-1092.07 as
					 contested cases.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVIII - BID PROTESTS › Section R7-2-1153 - Remedies

Current through Register Vol. 30, No. 28, July 12, 2024
If the hearing officer sustains the appeal in whole or part
					 and determines that a solicitation, a determination that a proposal is
					 unacceptable, proposed award, or award does not comply with Articles 10 and 11,
					 remedies shall be implemented pursuant to
					 R7-2-1146.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIX - CONTRACT CLAIMS AND CONTROVERSIES › Section R7-2-1155 - Resolution of Contract Claims and Controversies

Current through Register Vol. 30, No. 28, July 12, 2024
A. The district representative shall have the
				  authority granted to the district representative by the governing board to
				  settle and resolve contract claims and controversies including claims relating
				  to assignees of the contractor.
B.
				  The district representative shall receive prior written approval of the
				  governing board for the settlement or resolution of a claim exceeding the
				  dollar amount specified in A.R.S. §
										41-2535.
C. Appeals from decisions of the district
				  representative may be made to the hearing officer pursuant to
				  R7-2-1158.
D. A claimant shall file a contract claim
				  with the district representative within 180 days after the claim arises. The
				  claim shall include the following:
1. The
				  name, address, and telephone number of the claimant;
2. The signature of the claimant or
				  claimant's representative;
3.
				  Identification of the solicitation or contract number;
4. A detailed statement of the legal and
				  factual grounds of the claim including copies of the relevant documents;
				  and
5. The form and dollar amount
				  of the relief requested.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIX - CONTRACT CLAIMS AND CONTROVERSIES › Section R7-2-1156 - District Representative's Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a controversy cannot be resolved by
				  mutual agreement, the district representative shall issue a written decision
				  within no more than 60 days from receipt of the contractor's written request
				  for a decision. Before issuing a written decision, the district representative
				  shall review the facts pertinent to the claim and secure any necessary
				  assistance from legal, fiscal, and other advisors.
B. Decision of the district representative.
				  The district representative shall furnish a copy of the decision to the
				  contractor by any method that provides evidence of receipt. The decision shall
				  include:
1. A description of the
				  claim;
2. A reference to the
				  pertinent contract provision;
3. A
				  statement of the factual areas of agreement or disagreement;
4. A statement of the district
				  representative's decision, with supporting rationale; and
5. A paragraph substantially as follows:
"This is the decision of the district representative of the
					 _____________ School District. This decision may be appealed to a hearing
					 officer. If you appeal, you must file a written notice of appeal with the
					 district representative within 30 days from the date of
					 decision."
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIX - CONTRACT CLAIMS AND CONTROVERSIES › Section R7-2-1157 - Issuance of a Timely Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. On
				  agreement of all interested parties, the time limit for decisions set forth in
				  R7-2-1156(A)
				   may be extended for good cause for a
				  reasonable time not to exceed 14 days. The district representative shall notify
				  the contractor in writing that the time for the issuance of a decision has been
				  extended and the date by which a decision shall be issued.
B. If the district representative fails to
				  issue a decision within 60 days after the request is filed or within the time
				  prescribed under subsection (A), the contractor may proceed as if the district
				  representative had issued an adverse decision.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIX - CONTRACT CLAIMS AND CONTROVERSIES › Section R7-2-1159 - Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
Hearings on appeals of contract claim and controversy
					 decisions shall be conducted pursuant to
					 R7-2-1181 and
					 A.R.S. §
										41-1092.07 as
					 contested cases.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1161 - Authority to Debar or Suspend

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Except as provided in A.R.S. §
										41-1279.21(B),
				  the governing board has the sole authority to debar or suspend a person from
				  participating in school district procurements.
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 school district
				  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 school district contractor,
				  including suspension or debarment of such person or any subsidiary or affiliate
				  of such person by another governmental entity for any cause.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1162 - Initiation of Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
Upon receipt of information concerning a possible cause for
					 debarment, the school district shall investigate the possible cause. If the
					 school district has a reasonable basis to believe that a cause for debarment
					 exists, the school district may propose debarment under
					 R7-2-1164.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1163 - Period of Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  period of time for a debarment shall not exceed three years from the date of
				  the debarment determination.
B. If
				  debarment is based solely upon debarment by another governmental agency
				  including another school district, the period of debarment may run concurrently
				  with the period established by that other debarring agency.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1164 - Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the school
				  district proposes debarment, the school district shall notify the person and
				  affected affiliates in writing within seven days of the proposed debarment by
				  any means evidencing receipt, which notice shall indicate that a hearing shall
				  be scheduled, if requested, in accordance with
				  R7-2-1181 as
				  contested cases.
B. The notice of
				  debarment shall state:
1. The basis for
				  debarment;
2. The period, including
				  dates, of the debarment;
3. That
				  bids or proposals shall not be solicited or accepted from the person and, if
				  received, will not be considered; and
4. That the person is entitled to a hearing
				  on the suspension if the person files a written request for a hearing with a
				  designated district representative within 10 days after receipt of the
				  notice.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1165 - Notice to Affiliates

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				  school district proposes to debar an affiliate, the affiliate shall have a
				  right to appear in any hearing on the proposed debarment to show mitigating
				  circumstances.
B. The affiliate
				  shall in writing advise the school district within 10 days of receipt of the
				  notice under
				  R7-2-1164 of its intention
				  to appear under subsection (A). Failure to provide written notice of appearance
				  within the 10-day period shall be a waiver of the right to appear in the
				  hearing.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1166 - Imputed Knowledge

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Improper conduct may be imputed to an affiliate for purposes of debarment where
				  the impropriety occurred in connection with the affiliate's duties for or on
				  behalf of, or with the knowledge, approval, or acquiescence of, the
				  contractor.
B. The improper conduct
				  of a person or its affiliate having a contract with a contractor may be imputed
				  to the contractor for purposes of debarment where the impropriety occurred in
				  connection with the person's duties for or on behalf of, or with the actual or
				  constructive knowledge, approval, or acquiescence of, the contractor.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1167 - Reinstatement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The governing
				  board may at any time reinstate a debarred person or rescind the debarment upon
				  a determination that the cause upon which the debarment is based no longer
				  exists or upon a determination that such reinstatement or rescission is
				  advantageous to the school district. The governing board's determination shall
				  include any limitations on the debarred person's ability to contract with the
				  school district.
B. Any debarred
				  person may request reinstatement by submitting a petition to the school
				  district supported by documentary evidence showing that the cause for debarment
				  no longer exists or has been substantially mitigated.
C. The school district may require a hearing
				  on the request for reinstatement.
D. The school district shall make a written
				  decision on reinstatement within 30 days after the request is filed and specify
				  the factors on which it is based.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1168 - Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A. If adequate
				  grounds for debarment exist, the governing board may suspend a person from
				  participating in any procurement or receiving any award in accordance with the
				  procedures in
				  R7-2-1170.
B. The governing board shall not suspend a
				  person pending debarment unless compelling reasons require suspension to
				  protect school district interests.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1169 - Period and Scope of Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Unless otherwise agreed to by the parties, the period of suspension shall not
				  exceed 35 days without satisfying the notice requirements of
				  R7-2-1170. If
				  the notice requirements are satisfied the period of suspension shall not exceed
				  six months.
B. For purpose of
				  suspension, a person's conduct may be imputed to an affiliate or another person
				  in accordance with
				  R7-2-1166.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1170 - Notice and Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The school
				  district shall notify the person suspended by any means evidencing
				  receipt.
B. The notice of
				  suspension shall state:
1. The basis for
				  suspension;
2. The period,
				  including dates, of the suspension;
3. That bids or proposals shall not be
				  solicited or accepted from the person and, if received, will not be considered;
				  and
4. That the person is entitled
				  to a hearing on the suspension if the person files a written request for a
				  hearing, including the basis for the request, with a designated district
				  representative within 10 days after receipt of the notice.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XX - DEBARMENT AND SUSPENSION › Section R7-2-1171 - List of Debarments, Suspensions and Voluntary Exclusions

Current through Register Vol. 30, No. 28, July 12, 2024
The school district shall maintain a list of debarment,
					 suspensions, and voluntary exclusions. It is recommended that the school
					 district provide notice of any debarments, suspensions and voluntary exclusions
					 to the state purchasing office.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XXI - HEARING PROCEDURES › Section R7-2-1181 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				  hearing is required or permitted under Articles 10 and 11, this Section shall
				  apply. Hearing officers shall be selected pursuant to
				  R7-2-1147(D) and
				  (E) or
				  R7-2-1158(E) and
				  (F).
B. The Arizona Administrative Procedure Act
				  (A.R.S. Title 41, Chapter 6) shall apply where the Act is not inconsistent with
				  Articles 10 and 11.
C. The hearing
				  officer shall arrange for a hearing to be held within 30 days of receiving
				  required responses and comments from both parties and notify the parties in
				  writing of the time and place of the hearing.
D. The hearing officer may:
1. Hold pre-hearing conferences to settle,
				  simplify, or identify the issues in a proceeding, or to consider other matters
				  that may aid in the expeditious disposition of the proceeding;
2. Require parties to state their positions
				  concerning the various issues in the proceeding;
3. Require parties to produce for examination
				  those relevant witnesses and documents under their control;
4. Rule on motions and other procedural items
				  on matters pending before such officer;
5. Regulate the course of the hearing and
				  conduct of participants;
6.
				  Establish time limits for submission of motions or memoranda;
7. Impose appropriate sanctions against any
				  person failing to obey an order under these procedures, which may include:
a. Refusing to allow the person to assert or
				  oppose designated claims or defenses, or prohibiting that person from
				  introducing designated matters in evidence;
b. Excluding all testimony of an unresponsive
				  or evasive witness; and
c.
				  Expelling person from further participation in the hearing;
8. Take official notice of any
				  material fact not appearing in evidence in the record, if the fact is among the
				  traditional matters of judicial notice; and
9. Administer oaths or
				  affirmations.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XXI - HEARING PROCEDURES › Section R7-2-1182 - Rehearing of Decisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Procedure; grounds. A decision of the hearing officer may be vacated and new
				  hearing granted on motion of the aggrieved party for any of the following
				  causes materially affecting the party's rights:
1. Irregularity in the proceedings of the
				  hearing officer or prevailing party, or any order or abuse of discretion,
				  whereby the moving party was deprived of a fair hearing.
2. Misconduct of the prevailing
				  party.
3. Accident or surprise not
				  preventable by ordinary prudence.
4. Material evidence, newly discovered, which
				  despite reasonable diligence was not discovered and produced at the
				  hearing.
5. Excessive or
				  insufficient damages or penalties.
6. Error of law occurring at the hearing or
				  during the progress of the proceeding.
7. That the findings of fact or decision is
				  not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XXI - HEARING PROCEDURES › Section R7-2-1183 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
Any final decision made as a result of a hearing held
					 pursuant to Articles 10 and 11 are subject to judicial review in accordance
					 with A.R.S. Title 12, Chapter 7, Article 6.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XXI - HEARING PROCEDURES › Section R7-2-1184 - Exclusive Remedy

Current through Register Vol. 30, No. 28, July 12, 2024
Articles 10 and 11 (R7-2-1001 et seq.) provide the
					 exclusive procedure for asserting a cause against the school district and its
					 governing board arising in relation to any procurement conducted under Articles
					 10 and 11.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XXI - HEARING PROCEDURES › Section R7-2-1185 - Qualifications for Hearing Officers

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  A "hearing officer" means a person assigned to preside at a hearing held
				  pursuant to Articles 10 and 11 and whose duty it is to assure that proper
				  procedures are followed and that the rights of the parties are
				  protected.
B. A hearing officer
				  shall be:
1. Unbiased - not prejudiced for or
				  against any party in the hearing;
2. Disinterested - not having any personal or
				  professional interest which would conflict with his/her objectivity in the
				  hearing; and
3. Independent - may
				  not be an officer, employee or agent of the contractor or governing board, or
				  of any other public agency involved in the dispute to be settled. A person who
				  otherwise qualifies to conduct a hearing is not an employee of the contractor
				  or governing board solely because he or she is paid by the parties to serve as
				  a hearing officer.