Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1002 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. Articles 10 and
				  11 apply to every expenditure of public monies, including federal assistance
				  monies and grants, by a school district as specified in A.R.S. §
										15-213(A)
				   for the procurement of all construction,
				  materials and services when the total procurement cost exceeds the aggregate
				  dollar amount specified in A.R.S. §
										41-2535(A).
				  If procurement involves the expenditure of federal assistance or contract
				  monies, the school district shall comply with federal law and authorized
				  regulations which are mandatorily applicable and which are not presently
				  reflected in Articles 10 and 11.
B.
				  Articles 10 and 11 apply to the disposal of school district materials
				  regardless of value.
C.
				  Articles 10 and 11 do not apply to:
1.
				  Agreements for providing career and technological education and vocational
				  education pursuant to A.R.S. §
											15-789;
2. Contracts between a school district and
				  other governments, including intergovernmental agreements and contracts
				  pursuant to A.R.S. §
											11-952,
				  except as provided by
				  R7-2-1191
				  through R7-2-1196. This exemption also includes the purchase of a fee or
				  license from a local, state or federal public entity required by law to collect
				  said fees;
3. Purchases for amounts
				  not exceeding the aggregate dollar amount specified in A.R.S. §
											41-2535(A).
				  Such procurements shall comply with the guidelines prescribed by the Auditor
				  General in the Uniform System of Financial Records pursuant to A.R.S. §
											15-271;
4. Contracts for professional witnesses if
				  the purpose of such contracts is to provide for professional services or
				  testimony relating to an existing or probable judicial or administrative
				  proceeding in which the school district is or may become a party;
5. Agreements negotiated by legal counsel
				  representing the school district in settlement of litigation or threatened
				  litigation;
6. Expenditures from
				  student activity monies as defined in A.R.S. §
											15-1121,
				  if no district funds are involved;
7. Expenditures for governing board adopted
				  textbooks as defined in A.R.S. §
											15-721
				  and A.R.S. §
											15-722,
				  if purchased from the publisher;
8.
				  The placement of a pupil in a private school that provides special education
				  services if such placement is prescribed in the pupil's individualized
				  education program and the private school has been approved by the Department of
				  Education Division of Special Education pursuant to A.R.S. §
											15-765;
9. Purchases of any products, materials and
				  services directly from certified nonprofit agencies that serve individuals with
				  disabilities as defined in A.R.S. §
											41-2636,
				  and Arizona Correctional Industries if the delivery and quality of the
				  products, materials or services meet the school district's reasonable
				  requirements;
10. The decision to
				  participate in programs pursuant to A.R.S. §
											15-382.
				  A program authorized by A.R.S. §
											15-382
				  is not required to engage in competitive bidding for the services necessary to
				  administer the program or for the purchase of insurance or
				  reinsurance;
11. The purchase of
				  water, gas or electric utilities from a public service corporation. This
				  exemption expressly does not apply to guaranteed energy cost savings contracts
				  and guaranteed energy production contracts subject to A.R.S. §
											15-213.01
				  and A.R.S. §
											15-213.03;
12. Purchases of professional certifications,
				  professional memberships, conference registrations, conference hotels and
				  airfare that meets Arizona Department of Administration General Travel
				  Principles and Policies;
13.
				  Purchases, sales or leases of real estate. This exemption expressly does not
				  apply to the services of a real estate broker as defined in A.R.S. §
											32-2101;
14. Purchases of surplus property from the
				  state or United States Federal Government in accordance with
				  R7-2-1132;
15. Purchases in
				  compliance with the terms and conditions of any grant, gift, bequest or
				  cooperative agreement; and
16. The
				  cost of special elections, including the preparation of ballots in accordance
				  with A.R.S. §
											15-406.