Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XVII - MATERIALS MANAGEMENT › Section R7-2-1131 - Material Management and Disposition

Current through Register Vol. 30, No. 28, July 12, 2024
A. The school district shall ascertain or
				  verify that materials, services, or construction items procured by the school
				  district conform to specifications as set forth in the solicitation.
B. The school district shall determine the
				  fair market value of excess and surplus material.
C. Disposition of surplus materials.
1. Except as provided in A.R.S. §
											15-342(7)
				   related to sales or leases to the state, a
				  county, a city, another school district, or a tribal government agency, and
				  A.R.S. §
											15-342(18)
				   related to the disposition of surplus or
				  outdated learning materials, educational equipment and furnishings, surplus
				  materials, regardless of value, shall be offered through competitive sealed
				  bids, public auction, on-line sales, established markets, trade in, posted
				  prices or state surplus property. If unusual circumstances render the above
				  methods impractical, the school district may employ other disposition methods,
				  including appraisal or barter, provided the school district makes a written
				  determination that such procedure is advantageous to the school district. Only
				  United States Postal Money Orders, certified checks, cashiers' checks or cash
				  shall be accepted for sales of surplus material unless otherwise approved by
				  the school district.
2. Competitive
				  sealed bidding.
a. Notice for sale bids shall
				  be publicly available from the school district at least 10 days before the due
				  date set for bids. Notice of the sale bids shall be provided to prospective
				  bidders, including those bidders on lists maintained by the school district
				  pursuant to
				  R7-2-1023.
				  The notice for sale bids shall list the materials offered for sale, their
				  location, availability for inspection, the terms and conditions of sale and
				  instructions to bidders including the bid due date and time. Bids shall be
				  opened publicly pursuant to the requirements of
				  R7-2-1029.
b. The award shall be made in accordance with
				  the provisions of the notice for sale bids to the highest responsive and
				  responsible bidder, provided that the price offered by such bidder is
				  acceptable to the school district. If the school district determines that the
				  bid is not advantageous to the school district, the school district may reject
				  the bids in whole or in part and may resolicit bids or the school district may
				  negotiate the sale, provided that the negotiated sale price is higher than the
				  highest responsive and responsible bidder's price.
3. Auctions shall be advertised in the
				  official newspaper of the county as prescribed in A.R.S. §
											11-255
				  or a newspaper of general circulation, in accordance with A.R.S. §
											41-2533.
				  The publication shall not be less than 14 days before the auction date. All the
				  terms and conditions of any sale shall be available to the public at least 24
				  hours prior to the auction date. The school district or any agent acting on the
				  school district's behalf may also advertise the auction in any other manner
				  determined advantageous to the school district.
4. Internet-based on-line sales shall not be
				  subject to the advertisement requirements in subsection (C)(3). For such
				  disposal services, the school district shall post and maintain a notice
				  explaining the use of Internet-based on-line sales on a designated site on the
				  Internet. The notice shall include:
a. The
				  name of the on-line sales provider and the designated site on the Internet
				  where potential buyers may obtain information or participate in the on-line
				  auctions;
b. A link to the
				  Internet-based on-line sales service;
c. A link to the terms and conditions of
				  sale;
d. Instructions for bidding
				  on the Internet-based on-line sales site; and
e. A period of not less than 14 days for each
				  Internet-based on-line sale during which persons may submit offers to purchase
				  the specified materials.
5. Before surplus materials are disposed of
				  by trade-in to a vendor for credit on an acquisition, the school district shall
				  approve such disposal. The school district shall base this determination on
				  whether the trade-in value is expected to exceed the value realized through the
				  sale or other disposition of such materials.
6. An employee of the school district or a
				  governing board member, or an employee of a school district's agent conducting
				  an auction on behalf of the school district, shall not directly or indirectly
				  purchase or agree with another person to purchase surplus property if said
				  employee or board member is, or has been, directly or indirectly involved in
				  the purchase, disposal, maintenance, or preparation for sale of the surplus
				  material.
7. State surplus property
				  manager. The school district may enter into an agreement with the State Surplus
				  Property Manager for the disposition of materials pursuant to Article 8 of the
				  Arizona Procurement Code (A.R.S. §
											41-2601 et
				  seq.) and the rules adopted thereunder.
8. Pursuant to A.R.S. §
											15-342(35),
				  a school district may offer to sell outdated learning materials, educational
				  equipment or furnishings at a posted price commensurate with the value of the
				  items to pupils who are currently enrolled in that school district before those
				  materials are offered for public sale.