reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 9 - SCHOOL DISTRICT BUDGETING AND ACCOUNTING › Section R7-2-901 - Teacher Experience Index Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. General purpose. These guidelines are
				provided for local governing boards to assist in development of policies
				identifying activities which contribute to the instructional programs at the
				local school level. The policies will define what constitutes a full-time vs. a
				part-time teacher position for the purpose of developing a school district's
				Teacher Experience Index.
B. Local
				governing boards may include the following activities in their policies as
				those which contribute toward an instructional program. This listing is not
				intended to be exclusive, and districts may utilize additional activities:
1. Classroom related:
a. Classroom instruction,
b. Preparation time,
c. Supervision,
d. Evaluation,
e. Curriculum development,
f. Housekeeping chores, i.e., daily reports,
				blackboard preparation, etc.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 9 - SCHOOL DISTRICT BUDGETING AND ACCOUNTING › Section R7-2-902 - Independent Accounting Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. The governing board of a school district
				applying to operate with full independence from the county school
				superintendent as provided in A.R.S. § 15-914.01, shall apply to the State
				Board of Education and submit a plan for accounting responsibility to the
				county school superintendent of the county in which the school district is
				located and the Department of Education before January 1, which documents the
				following:
1. Administrative and internal
				accounting controls designed to achieve compliance with the Uniform System of
				Financial Records and the following objectives:
a. Procedures for approving, preparing and
				signing vouchers and warrants;
b.
				Procedures to ensure verification of administrators' and teachers'
				certification records with the Department of Education for all classroom and
				administrative personnel required to hold a certificate by the State Board
				pursuant to A.R.S. § 15-203, before issuing warrants for their
				services;
c. Procedures to account
				for all revenues, including allocation of certain revenues to funds as provided
				in the revenues section of the Uniform Accounting Manual for Arizona County
				School Superintendents;
d.
				Procedures for reconciling the accounting records monthly to the county
				treasurer as provided in the reconciliations section of the Uniform Accounting
				Manual for Arizona County School Superintendents
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1004 - Written Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Written determinations required by Articles 10 and 11, including for any
				  specified professional services, construction, construction services or
				  materials to an entity selected from a qualified select bidders list or through
				  a school purchasing cooperative, shall specify the reasons for the
				  determination, including how the determination was made.
B. The school district is authorized to
				  prescribe methods and operational procedures to be used in preparing written
				  determinations.
C. The school
				  district shall place the written determination into the school district's
				  procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1005 - Change Orders and Contract Modifications

Current through Register Vol. 30, No. 28, July 12, 2024
Any change order or contract modification that exceeds
					 $100,000 or five percent, whichever is greater, may be executed only if the
					 governing board determines in writing that the change order or contract
					 modification is advantageous to the school district and the price is determined
					 to be fair and reasonable.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1006 - Confidential Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				  person believes that a bid, proposal, response to a request for information,
				  technical offer, statement of qualifications, specification, or protest
				  contains confidential trade secrets or other proprietary data not to be
				  disclosed as otherwise required by A.R.S. §
										39-121,
				  a statement advising the school district of this fact shall accompany the
				  submission and the information shall be so identified wherever it appears.
				  Contract terms and conditions, pricing, and information generally available to
				  the public are not considered confidential information under this
				  Section.
B. Until a determination
				  is made under subsection (C), the school district shall not disclose
				  information designated as confidential under subsection (A) except to school
				  district personnel having a legitimate interest in, or persons assisting the
				  school district in evaluation of, the bid, proposal, response to a request for
				  information, technical offer, statement of qualifications, specification, or
				  protest.
C. Upon receipt of a submission designating
				  information as confidential, the school district shall make one of the
				  following written determinations:
1. The
				  designated information is confidential and the school district shall not
				  disclose the information except to school district personnel having a
				  legitimate interest in, or persons assisting the school district in evaluation
				  of, the bid, proposal, response to a request for information, technical offer,
				  statement of qualifications, specification, or protest.
2. The designated information is not
				  confidential.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1007 - Delegation of Procurement Authority

Current through Register Vol. 30, No. 28, July 12, 2024
A. The governing board may, in a public
				  meeting held in conformity with A.R.S. Title 38, Chapter 3, Article 3.1,
				  delegate procurement authority to a designee. Any delegation shall be
				  accomplished by adopting a governing board policy for this purpose.
1. Delegated procurement authority may
				  include, but is not limited to the following:
a. Authority to make determinations required
				  by Articles 10 and 11;
b. Authority
				  to award contracts;
c. Authority to
				  make sole source and emergency procurements; and
d. Authority to approve change orders and
				  contract modifications.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1008 - Procurement Consultants and Procurement Advisory Groups

Current through Register Vol. 30, No. 28, July 12, 2024
A. The school district may contract with a
				  procurement consultant to assist in drafting specifications, in the development
				  of solicitations, or in the management of the procurement process. A
				  procurement consultant may provide guidance or advice to a procurement
				  evaluation committee, but shall not serve as a voting member of such committee.
				  For the purposes of this Section, a school district employee or a contracted
				  business manager or purchasing director for the school district is not a
				  procurement consultant.
B. The
				  school district may appoint procurement advisory groups or evaluation
				  committees to assist with respect to specifications, solicitation evaluations
				  or procurement in specific areas. Members of such procurement advisory groups
				  or evaluation committees are not procurement consultants as set forth in this
				  Section. Non-school district employees serving on such procurement advisory
				  groups or evaluation committees are not eligible to receive compensation but
				  are eligible for reimbursement of expenses consistent with the school
				  district's travel policy adopted pursuant to A.R.S. §
										15-342(5).
C. A procurement consultant, a member of a
				  procurement advisory group, or a member of an evaluation committee who
				  participates in any aspect of a specific procurement shall be prohibited from
				  receiving any benefit directly or indirectly from a contract for such
				  procurement, and shall sign a procurement disclosure statement that the person
				  has no interest in the procurement other than that of a disclosed remote
				  interest, as defined in A.R.S. §
										38-502,
				  will have no contact with any representative of a competing vendor related to
				  the particular procurement except those contacts specifically authorized by
				  these rules, and has not accepted any personal gift or benefit from a person or
				  vendor that has secured or has taken steps to secure a contract, purchase,
				  payment, claim or financial transaction with the school district or school
				  purchasing cooperative. The procurement disclosure statements shall be retained
				  in the procurement file.
D.
				  Specifications prepared by a procurement consultant or a procurement advisory
				  group shall comply with
				  R7-2-1010
				  through
				  R7-2-1016.
E. The school district shall not delegate to
				  a procurement consultant, a procurement advisory group, or an evaluation
				  committee the authority for the award or administration of any particular
				  contract, or over any dispute, claim or litigation pertaining thereto, and a
				  procurement consultant or a procurement advisory group shall not be authorized
				  to obligate the school district in any manner.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1010 - Preparation of Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Specifications shall be prepared only by the school district or by contract
				  pursuant to
				  R7-2-1014
				  and
				  R7-2-1015.
				  Regardless of who prepares the specifications, the governing board retains the
				  authority to disapprove all specifications.
B. In an emergency under
				  R7-2-1055,
				  any necessary specifications may be utilized by the person designated in
				  R7-2-1055(C)
				  without regard to the provisions of this Section.
C. Content of specifications.
1. A specification may provide alternate
				  descriptions of materials, services, or construction items where two or more
				  design, functional, or performance criteria will satisfactorily meet the school
				  district's requirements.
2. To the
				  extent practicable, a specification shall not include any solicitation term or
				  condition or any contract term or condition.
3. If a specification for a common or general
				  use item has been developed in accordance with
				  R7-2-1011(A)
				  or a qualified products list has been developed in accordance with
				  R7-2-1011(D)
				  for a particular material, service, or construction item, it shall be used
				  unless the school district makes a written determination that its use is not
				  advantageous to the school district and that another specification shall be
				  used.
4. To the extent practicable,
				  specifications shall emphasize functional or performance criteria. To
				  facilitate the use of such criteria, the school district shall use reasonable
				  efforts to include the principle functional or performance requirements as a
				  part of their purchase requisitions.
5. 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.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1011 - Types of Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Specification for common or general use items. To the extent practicable, a
				  specification for common or general use item shall be prepared and utilized
				  when:
1. A material, service or construction
				  item is used repeatedly by the school district, and the characteristics of the
				  material, service, or construction item, as commercially produced or provided,
				  remain relatively stable while the frequency or volume of procurements is
				  significant;
2. The school
				  district's recurring needs require uniquely designed or specially produced
				  items; or
3. The school district
				  finds it to be advantageous to the school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1012 - Proprietary Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
The school district shall not use specifications in any way
					 proprietary to one supplier unless the specification includes a statement of
					 the reasons why no other specification is practicable, a description of the
					 essential characteristics of the specified product and a statement specifically
					 permitting an acceptable alternative product to be supplied.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1013 - Recycled Products Use

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				  the price of a recycled paper product that conforms to specifications is within
				  five percent of a low bid product that is not recycled and the recycled product
				  bidder is otherwise the lowest responsible and responsive bidder, the award
				  shall be made to the bidder offering the recycled product. The governing board
				  may adopt rules requiring a five percent preference for other products made
				  from recycled materials.
B.
				  Specifications shall emphasize functional or performance criteria which, to the
				  extent practicable, do not discriminate against the use of recycled
				  materials.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1014 - Maximum Practicable Competition

Current through Register Vol. 30, No. 28, July 12, 2024
A. Procurement of any materials, services,
				  goods, construction or construction services pursuant to Article 10 or Article
				  11, shall seek to achieve maximum practicable competition.
B. All
				  specifications, including those prepared by architects, engineers, consultants
				  and others for public contracts, shall seek to promote overall economy for the
				  purposes intended and encourage competition in satisfying the school district's
				  needs and shall not be unduly restrictive.
C. Unless otherwise
				  permitted by
				  R7-2-1010
				  through
				  R7-2-1016, all
				  specifications shall describe the school district's requirements in a manner
				  that does not unreasonably exclude a material, service, or construction item.
				  Proprietary specifications shall be used only as provided in
				  R7-2-1012.
D. To
				  the extent practicable, the school district shall use accepted commercial
				  specifications and shall procure standard commercial materials.
E.
				  Contracts for the preparation of specifications by persons other than the
				  school district shall require the specification writer to adhere to
				  R7-2-1010
				  through
				  R7-2-1016.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1015 - Conflict of Interest

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				  person preparing specifications pursuant to
				  R7-2-1014
				  shall receive any direct or indirect benefit from the utilization of such
				  specifications.
B. The governing
				  board may contract for the preparation of specifications with persons,
				  including, but not limited to, consultants, architects, engineers, designers,
				  and other draftsmen of specifications.
C. If a person prepares a specification
				  pursuant to subsection (B) of this Section, such person shall comply with the
				  requirements of
				  R7-2-1010
				  through
				  R7-2-1016.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part II - SPECIFICATIONS › Section R7-2-1016 - Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
A. Specifications
				  and any written determination or other document generated or used in the
				  development of a specification shall be available for public inspection
				  pursuant to A.R.S. §
										39-121,
				  except to the extent that the withholding of such information is permitted or
				  required by law.
B. If the supplier
				  believes that the specifications contain confidential trade secrets, test data,
				  or similar information, a statement advising the school district of this fact
				  shall accompany the specification in accordance with
				  R7-2-1006.
C. Qualified products lists test results
				  shall be made available in a manner to protect the identity of the
				  supplier.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part III - REVERSE AUCTIONS › Section R7-2-1018 - Reverse Auctions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Using
				  reverse auctions
1. If a governing board
				  determines in writing that use of reverse auctions is more advantageous to the
				  school district than other procurement methods prescribed by Articles 10 and
				  11, the school district may use reverse auctions for the purchase of
				  materials.
2. The written
				  determination shall include, but is not limited to the following information:
a. An estimate of the number of prospective
				  bidders;
b. An explanation of how
				  reverse auctions will foster competition;
c. An explanation of why reverse auctions is
				  more advantageous to the school district than other prescribed procurement
				  methods; and
d. The scope and
				  estimated total dollar value of the proposed procurement.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1021 - Method of Source Selection

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless otherwise authorized by law, all
				  school district contracts shall be awarded by competitive sealed bidding as
				  provided in
				  R7-2-1021
				  through
				  R7-2-1032,
				  except as provided in
				  R7-2-1018,
				  R7-2-1033
				  through
				  R7-2-1068,
				  R7-2-1100
				  through
				  R7-2-1123,
				  and
				  R7-2-1196.
B. A school district may conduct competitive
				  sealed bidding electronically, provided that the electronic competitive sealed
				  bidding process complies with the requirements of
				  R7-2-1021
				  through
				  R7-2-1032.
				  A determination that conducting competitive sealed bidding electronically is
				  advantageous to the school district shall be in writing and retained in the
				  procurement file.
C. When using
				  electronic competitive sealed bidding, the school district shall determine
				  whether electronic submission of bids is required or optional and state the
				  electronic submission requirements in the public notice and the invitation for
				  bids.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1022 - Notice of Competitive Sealed Bidding

Current through Register Vol. 30, No. 28, July 12, 2024
A. Adequate public notice of the invitation
				  for bids shall be given as provided in
				  R7-2-1024.
				  Notice also may be given as provided in subsection (B). In the event there are
				  four or fewer prospective bidders on the bidders list, then notice also shall
				  be given as provided in subsection (B). If the invitation for bids is for the
				  procurement of services other than those described in
				  R7-2-1061
				  through
				  R7-2-1068 and
				  R7-2-1100
				  through
				  R7-2-1123,
				  notice also shall be given as provided in subsection (B).
B. If required by subsection A, the notice
				  shall include publication in the official newspaper of the county, within which
				  the school district is located, as prescribed in A.R.S. §
										11-255
				  The publication, shall occur in a reasonable time before bid opening, which
				  shall not be less than 14 days before bid opening. The time of publication may
				  be altered if deemed necessary pursuant to
				  R7-2-1024(A).
C. In addition to the notice provided in
				  subsections (A) and (B), the school district may give such additional notice as
				  the school district deems appropriate, including posting on a designated site
				  on the Internet.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1023 - Prospective Bidders Lists

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district shall compile and maintain a prospective bidders list.
				  Inclusion of the name of a person shall not indicate whether the person is
				  responsible concerning a particular procurement or otherwise capable of
				  successfully performing a school district contract.
B. Persons desiring to be included on the
				  prospective bidders list shall notify the school district. Upon notification,
				  the school district shall mail or otherwise provide the person with the school
				  district procedures for inclusion on the bidders list. Within 30 days after
				  receiving the required information, the school district shall add the person to
				  the prospective bidders list unless the school district makes a determination
				  that inclusion is not advantageous to the school district.
C. Persons who fail to respond to invitations
				  for bids for two consecutive procurements of similar items may be removed from
				  the applicable bidders list after notifying the person in writing. This notice
				  shall not be required if the two invitations for bids which were not responded
				  to both contained the notice that bidders' names may be removed from the
				  bidders list if they fail to respond to invitations for bids for two
				  consecutive procurements of similar items. Persons may be reinstated upon
				  request.
D. Prospective bidders
				  lists shall be available for public inspection, unless the school district
				  makes a written determination that it is advantageous to the school district
				  that they be kept confidential or private and should not be open for inspection
				  pursuant to A.R.S. §
										39-121.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1025 - Pre-bid Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district may conduct a pre-bid conference to explain the procurement
				  requirements.
B. If a pre-bid
				  conference is conducted, it shall be not less than seven days before the bid
				  due date and time, unless the school district makes a written determination
				  that the specific needs of the procurement justify a shorter time. Statements
				  made during a pre-bid conference are not amendments to the
				  solicitation.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1026 - Amendments to Invitation for Bids

Current through Register Vol. 30, No. 28, July 12, 2024
A. An amendment to an invitation for bids
				  shall be issued if necessary to:
1. Make
				  changes in the invitation for bids;
2. Correct defects or ambiguities;
3. Furnish to other bidders information given
				  to one bidder if the information will assist the other bidders in submitting
				  bids or if the lack of the information will prejudice the other
				  bidders;
4. Provide additional
				  information or instructions; or
5.
				  Set a later bid due date and time if the school district determines that an
				  extension is advantageous to the school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1027 - Pre-opening Modification or Withdrawal of Bids

Current through Register Vol. 30, No. 28, July 12, 2024
A. A bidder may modify or withdraw a bid in
				  writing at any time before bid opening if the modification or withdrawal is
				  received before the bid due date and time at the location designated in the
				  invitation for bids for receipt of bids.
B. All documents concerning a modification or
				  withdrawal of a bid shall be retained in the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1028 - Late Bids, Late Withdrawals and Late Modifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. A bid, modification or withdrawal is late
				  if it is received at the location designated in the invitation for bids for
				  receipt of bids after the bid due date and time.
B. A late bid, late modification, or late
				  withdrawal shall be rejected, unless the late bid, late modification, or late
				  withdrawal would have been timely received but for the action or inaction of
				  school district personnel and is received before contract award.
C. Upon receiving a late bid, late
				  modification, or late withdrawal, the school district shall record the time and
				  date of receipt and promptly send written notice of late receipt to the bidder.
				  The school district may discard the document 30 days after the date on the
				  notice unless the bidder requests and provides funding for the document to be
				  returned.
D. All documents
				  concerning acceptance of a late bid, late modification, or late withdrawal
				  shall be retained in the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1029 - Receipt, Opening and Recording of Bids

Current through Register Vol. 30, No. 28, July 12, 2024
A. A school district shall maintain a record
				  of bids and modifications received for each invitation for bids, shall record
				  the time and date when each bid or modification is received, and shall store
				  each unopened bid or modification in a secure place until the bid due date and
				  time.
1. If required to confirm a vendor's
				  inquiry regarding receipt of its bid prior to the due date and time, a school
				  district may open a bid to identify the vendor. If this occurs, the school
				  district shall record the reason for opening the bid, the date and time the bid
				  was opened, and the solicitation number. The school district shall secure the
				  bid and retain it for public opening.
2. One or more witnesses shall be present for
				  the opening of a bid under subsection (A)(1).
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1030 - Mistakes in Bids

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an
				  apparent mistake in a bid, relevant to the award determination, is discovered
				  after opening and before award, a school district shall contact the bidder for
				  written confirmation of the bid. If the bidder fails to act, the bidder is
				  considered nonresponsive and the school district shall place a written
				  determination that the bidder is nonresponsive in the procurement file. The
				  school district shall designate a time-frame within which the bidder shall
				  either:
1. Confirm that no mistake was made
				  and assert that the bid stands as submitted; or
2. Acknowledge that a mistake was made and
				  include all of the following in a written response:
a. An explanation of the mistake and any
				  other relevant information;
b. A
				  request for correction including the corrected bid or a request for withdrawal;
				  and
c. The reasons why correction
				  or withdrawal is consistent with fair competition and advantageous to the
				  school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1032 - Only One Bid Received

Current through Register Vol. 30, No. 28, July 12, 2024
If only one responsive bid is received in response to an
					 invitation for bids, an award may be made to the single bidder if the school
					 district determines in writing that the bidder is responsible, that the price
					 submitted is fair and reasonable, and that either other prospective bidders had
					 reasonable opportunity to respond, or there is not adequate time for
					 resolicitation. Otherwise the bid may be rejected in whole or in part as may be
					 specified in the invitation for bids if it is advantageous to the school
					 district. The reasons for cancellation or rejection shall be made part of the
					 procurement file and:
1. New bids may
				  be solicited;
2. The proposed
				  procurement may be canceled; or
3.
				  If the school district determines that the need for the material or service
				  continues and the acceptance of the one bid is not advantageous to the school
				  district, the procurement may then be conducted as follows:
a. The school district may follow the sole
				  source procurement procedure if
				  R7-2-1053
				  applies.
b. Notwithstanding any
				  other provision of Articles 10 and 11, the school district may make emergency
				  procurements pursuant to
				  R7-2-1055
				  and
				  R7-2-1056
				  if an emergency condition exists pursuant to
				  R7-2-1055.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IV - COMPETITIVE SEALED BIDDING › Section R7-2-1033 - Simplified School Construction Procurement Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. The simplified school construction
				  procurement program is applicable to construction projects which do not exceed
				  the maximum amount specified in A.R.S. §
										15-213(A)(2).
B. To participate in the simplified school
				  construction procurement program:
1. Each
				  county school superintendent shall maintain a prospective bidders list of
				  persons who desire to receive solicitations to bid on school district
				  construction projects within that county. The prospective bidders list shall be
				  maintained in accordance with
				  R7-2-1023;
2. The prospective bidders list maintained
				  pursuant to subsection (B)(1) shall be available for public
				  inspection;
3. A performance bond
				  and a payment bond, as required by A.R.S. §
											34-222,
				  shall be provided for contracts for construction by contractors;
4. All bids for construction shall be opened
				  at a public opening and the bids shall remain confidential until the public
				  opening;
5. All persons desiring to
				  submit bids shall be treated equitably and the information related to each
				  project shall be available to all eligible persons; and
6. Competition for construction projects
				  under the simplified school construction procurement program shall be
				  encouraged to the maximum extent possible. School districts shall submit
				  information on each project to all persons listed on the prospective bidders
				  list maintained by the county school superintendent pursuant to subsection
				  (B)(1).
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part V - MULTISTEP SEALED BIDDING › Section R7-2-1035 - Multistep Sealed Bidding

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  multistep sealed bidding method may be used if:
1. Available specifications or purchase
				  descriptions are not sufficiently complete to permit full competition without
				  technical evaluations and discussions to ensure mutual understanding between
				  each bidder and the school district;
2. Definite criteria exist for evaluation of
				  technical offers;
3. More than one
				  technically qualified source is expected to be available; and
4. A fixed-price contract will be used.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part V - MULTISTEP SEALED BIDDING › Section R7-2-1036 - Phase 1 of Multistep Sealed Bidding

Current through Register Vol. 30, No. 28, July 12, 2024
A. Multistep sealed bidding shall be
				  initiated by the issuance of an invitation to submit technical offers. The
				  invitation to submit technical offers shall be issued according to
				  R7-2-1022
				  and
				  R7-2-1024(A).
B. The invitation to submit technical offers
				  shall include the following information:
1.
				  Notice that the procurement shall be conducted in two phases;
2. The best description of the material or
				  services desired;
3. A statement
				  that unpriced technical offers only shall be considered in phase 1;
4. The requirements for the technical offers,
				  such as drawings and descriptive literature;
5. The criteria for evaluating technical
				  offers;
6. The due date and time
				  for receipt of technical offers and the location where technical offers shall
				  be delivered or mailed;
7. A
				  statement that discussions may be held;
8. A statement that only bids based on
				  technical offers determined to be acceptable in phase 1 shall be considered for
				  award;
9. The name of the district
				  representative or district representatives;
10. Notice that all technical offers
				  submitted will be made available for public inspection following the award of
				  the contract; and
11. The date,
				  time and location of any pre-technical offer conference.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part V - MULTISTEP SEALED BIDDING › Section R7-2-1037 - Phase 2 of Multistep Sealed Bidding

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon completion of phase 1, the school
				  district shall issue an invitation for bids and conduct phase 2 under
				  R7-2-1024
				  through
				  R7-2-1032
				  as a competitive sealed bidding procurement, except that the invitation for
				  bids shall be issued only to persons whose technical offers were determined to
				  be acceptable in phase 1.
B.
				  Unpriced technical offers of unsuccessful persons shall be open to public
				  inspection after contract award, except to the extent set forth in
				  R7-2-1006.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1041 - Competitive Sealed Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  This Section does not apply to procurement of services of clergy, certified
				  public accountants, physicians, dentists, and legal counsel, construction,
				  construction services, or specified professional services. Services of clergy,
				  certified public accountants, physicians, dentists and legal counsel shall be
				  procured pursuant to
				  R7-2-1061
				  through
				  R7-2-1068.
				  Construction and construction services shall be procured as provided in
				  R7-2-1100.
				  Specified professional services shall be procured pursuant to
				  R7-2-1117
				  through
				  R7-2-1123.
B. As an alternative to competitive sealed
				  bidding, competitive sealed proposals may be used in order to:
1. Use a contract other than a fixed-price
				  type;
2. Conduct oral or written
				  discussions with offerors concerning technical and price aspects of their
				  proposals;
3. Afford offerors an
				  opportunity to revise their proposals;
4. Compare the different price, quality, and
				  contractual factors of the proposals submitted; or
5. Award a contract in which price is not the
				  determining factor.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1043 - Pre-proposal Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
Pre-proposal conferences may be convened in accordance with
					 R7-2-1025.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1044 - Late Proposals, Modifications or Withdrawals

Current through Register Vol. 30, No. 28, July 12, 2024
A. An offeror may modify or withdraw a
				  proposal in writing at any time before proposal opening if the modification or
				  withdrawal is received before the proposal due date and time at the location
				  designated in the request for proposals for receipt of proposals.
B. Withdrawal of a proposal after proposal
				  opening is permissible only in accordance with
				  R7-2-1049.
C. A proposal received after the due date and
				  time for receipt of proposals is late and shall not be considered except under
				  the circumstances set forth in
				  R7-2-1028(B).
				  A best and final offer received after the due date and time for receipt of best
				  and final offers is late and shall not be considered except under the
				  circumstances set forth in
				  R7-2-1028(B).
D. A modification of a proposal received
				  after the due date and time for receipt of proposals is late and shall not be
				  considered except under the circumstances set forth in
				  R7-2-1028(B).
E. A modification of a proposal resulting
				  from an amendment issued after the due date and time for receipt of proposals
				  or a modification of a proposal resulting from discussions shall be considered
				  if received by the due date and time set forth in the amendment or by the due
				  date and time for submission of best and final offers, whichever is applicable.
				  If the modifications described in this subsection are received after the
				  respective date and time described in this subsection, the modifications are
				  late and shall not be considered except under the circumstances set forth in
				  R7-2-1028(B).
F. Upon receiving a late proposal, late
				  modification, or late withdrawal, the school district shall record the time and
				  date of receipt and promptly send written notice of late receipt to the
				  offeror. The school district may discard the document 30 days after the date on
				  the notice unless the offeror requests and provides funding for the document to
				  be returned.
G. All documents
				  concerning acceptance of a late proposal, late modification, or late withdrawal
				  shall be retained in the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1045 - Receipt, Opening and Recording of Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A school district shall maintain a record
				  of proposals and modifications received for each solicitation, shall record the
				  time and date when each proposal or modification is received, and shall store
				  each unopened proposal or modification in a secure place until the proposal due
				  date and time.
1. If required to confirm a
				  vendor's inquiry regarding receipt of its proposal prior to the due date and
				  time, a school district may open a proposal to identify the vendor. If this
				  occurs, the school district shall record the reason for opening the proposal,
				  the date and time the proposal was opened, and the solicitation number. The
				  school district shall secure the proposal and retain it for public
				  opening.
2. One or more witnesses
				  shall be present for the opening of a proposal under subsection
				  (A)(1).
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1046 - Evaluation of Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Evaluation of proposals and best and final offers shall be based on the
				  evaluation factors set forth in the request for proposals. Specific numerical
				  weighting may be used.
1. If only one
				  proposal is received in response to a request for proposals, the school
				  district shall proceed according to
				  R7-2-1032.
2. The school district shall not modify
				  evaluation factors or the relative importance of price and other evaluation
				  factors after the proposal due date and time.
3. A school district may appoint an
				  evaluation committee to assist in the evaluation of proposals. If proposals are
				  evaluated by an evaluation committee, the evaluation committee shall prepare an
				  evaluation report for the school district. The school district may:
a. Accept the findings of the evaluation
				  committee;
b. Request additional
				  information from the evaluation committee; or
c. Reject the findings of the evaluation
				  committee, in which case the school district shall appoint a new evaluation
				  committee to evaluate the existing proposals or cancel the solicitation.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1047 - Discussions with Individual Offerors

Current through Register Vol. 30, No. 28, July 12, 2024
A. Discussions may be conducted with
				  responsible offerors who submit proposals determined to be acceptable for
				  further consideration. Discussions may be conducted to assure full
				  understanding of the proposal in order to obtain the most advantageous contract
				  for the school district based upon the requirements and evaluation factors in
				  the request for proposals. Offerors shall be afforded fair treatment with
				  respect to any opportunity for discussion and revision of proposals.
B. A school district shall establish
				  procedures and schedules for conducting discussions. The school district shall
				  ensure there is no disclosure of one offeror's price or any information derived
				  from competing proposals to another offeror.
C. Discussions may be conducted orally or in
				  writing. If oral discussions are conducted, the offeror shall confirm the
				  discussions in writing.
D. If
				  discussions are conducted, they shall be conducted with all offerors who submit
				  proposals determined to be acceptable for further consideration. Proposals may
				  not be revised during discussions.
E. The school district shall keep a detailed
				  record of all discussions in the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1048 - Best and Final Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Only if discussions
				  are conducted pursuant to
				  R7-2-1047,
				  the school district shall issue a written request for best and final offers to
				  all offerors who submitted proposals determined to be acceptable pursuant to
				  R7-2-1046(E).
				  The request shall set forth the date, time and place for the submission of best
				  and final offers.
B. Best and final
				  offers shall be requested only once, unless the school district makes a
				  determination that it is advantageous to the school district to conduct further
				  discussions or change the school district's requirements.
C. The request for best and final offers
				  shall inform offerors that, if they do not submit a notice of withdrawal or a
				  best and final offer, their immediate previous offer will be construed as their
				  best and final offer.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VI - COMPETITIVE SEALED PROPOSALS › Section R7-2-1049 - Mistakes in Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior
				  to the due date and time for receipt of best and final offers, any offeror may
				  withdraw a proposal in writing or correct any mistake by modifying the
				  proposal.
B. After receipt of best
				  and final offers, an offeror may withdraw a proposal or correct a mistake in
				  accordance with
				  R7-2-1030.
C. The offeror shall withdraw or correct its
				  proposal in writing. The school district shall retain the written withdrawal or
				  correction in the procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VII - SOLE SOURCE PROCUREMENTS › Section R7-2-1053 - Sole Source Procurements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				  contract may be awarded for a material, service or construction item without
				  competition if the governing board determines in writing that there is only one
				  source for the required material, service or construction item. The school
				  district may require the submission of cost or pricing data in connection with
				  an award under this Section. Sole source procurement shall be avoided, except
				  when no reasonable alternative source exists.
B. The governing board's determination shall
				  be made before entering the contract and shall include the following
				  information:
1. A description of the
				  procurement need and the reason why there is only a single source available or
				  why no reasonable alternative exists;
2. The name of the proposed
				  supplier;
3. The duration and
				  estimated total dollar value of the proposed procurement;
4. Documentation that the price submitted is
				  fair and reasonable; and
5. A
				  description of efforts made to seek other sources.