reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-510 - The Form of Substitute Security in Lieu of Retention

Current through Register Vol. 30, No. 28, July 12, 2024
If the conditions identified under
				  R2-7-506 are met,
				  the agency chief procurement officer shall accept a substitute security from a
				  contractor in the form of one of the following:
1. An assignment of a time certificate of
				deposit by a financial institution licensed by this state;
2. Share certificates of a financial
				institution or credit union authorized to transact business in this state;
				or
3. Security issued or guaranteed
				as to principal and interest by:
a. The
				United States;
b. The state;
				or
c. Counties, municipalities, and
				school districts within this state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-511 - Individual Job Order Contracting

Current through Register Vol. 30, No. 28, July 12, 2024
A. The state procurement administrator may
				award or authorize an agency chief procurement officer to award job order
				contracts for construction, construction services or professional services to a
				single contractor or multiple contractors.
B. Contracts shall be awarded based on
				scoring of technical proposals, followed by scoring of price proposals.
C. Price proposals shall be based
				on an adjustment factor or factors applied to a catalog of construction tasks.
D. Individual job orders issued
				under a job order contract shall not exceed $2,000,000.00, unless authorized by
				the state procurement administrator.
E. All individual job orders exceeding
				$1,000,000 shall obtain authorization from the chief procurement officer of the
				General Services Division.
F.
				Individual job orders shall include an itemized list of each construction task
				required to complete the work with the task's associated unit price and applied
				adjustment factor.
G. The agency
				chief procurement officer may request cost proposals from multiple job order
				contractors or negotiate with a single job order contractor.
H. The agency
				chief procurement officer may authorize contract change orders or amendments
				that result in the individual job order cost exceeding $2,000,000 only with
				authorization from the state procurement administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-601 - Contract Clauses

Current through Register Vol. 30, No. 28, July 12, 2024
The agency chief procurement officer shall include in
				  solicitations and contracts all contract clauses necessary to ensure the
				  state's interests are addressed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-602 - Assignment of Rights and Duties

Current through Register Vol. 30, No. 28, July 12, 2024
A contractor shall not assign or transfer the rights or
				  duties of a state contract without the written consent of the agency chief
				  procurement officer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-603 - Change of Name

Current through Register Vol. 30, No. 28, July 12, 2024
If a contractor requests to change the name in which it holds
				  a state contract, the agency chief procurement officer may, upon receipt of a
				  document indicating name change, enter into a written amendment with the
				  contractor to effect the name change. The amendment shall provide that no other
				  terms and conditions of the contract are changed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-604 - Contract Change Orders and Amendments

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer may
				extend or authorize options in a contract provided the price of the extension
				or option was evaluated under the contractor's original offer.
B. Any contract change order or amendment or
				aggregate change orders or amendments of a contract not covered under
				sub-section (A) that exceeds 25% of the original contract amount may be
				executed only if the state procurement administrator or, in the case of
				construction on state property, the Assistant Director of General Services,
				determines in writing that the change order or amendment is advantageous to the
				state and the price is determined fair and reasonable pursuant to
				R2-7-702.
C. The agency chief
				procurement officer may, in situations in which time or economic consideration
				preclude resolicitation, negotiate a reduction to the contract, including
				scope, price, and contract requirements under A.R.S. §
									41-2537.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-605 - Multi-term Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				agency chief procurement officer may enter into a contract for materials or
				services for a period exceeding the time identified in A.R.S. §
									41-2546(A),
				if a written approval from the state procurement administrator is issued prior
				to offer due date and time.
B. The
				agency chief procurement officer shall submit a request to the state
				procurement administrator in writing indicating:
1. The time period requested for the
				contract;
2. Documentation that the
				estimated requirements are reasonable and continuing;
3. Documentation to demonstrate why more
				frequent competition is not practicable and that such a contract will serve the
				best interests of the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-606 - Terms and Conditions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				state procurement administrator may publish uniform terms and conditions for
				use in solicitations and contracts issued by a state governmental
				unit.
B. Prior to offer due date
				and time, the state procurement administrator may authorize an agency chief
				procurement officer to make changes to uniform terms and conditions.
C. After offer due date and time, an agency
				chief procurement officer may negotiate the uniform terms and conditions, as
				appropriate.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-607 - Mandatory Statewide Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
State governmental units shall use existing Arizona state
				  contracts to satisfy their needs for those materials and services covered under
				  such contracts, unless authorized by the state procurement
				  administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 6 - CONTRACT CLAUSES › Section R2-7-608 - Multiple Source Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
Multiple award contracts shall be limited to the least number
				  of suppliers necessary to meet the requirements of the state or the cooperative
				  procurement members, unless authorized by the state procurement administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 7 - COST PRINCIPLES › Section R2-7-702 - Determination of Fair and Reasonable Price

Current through Register Vol. 30, No. 28, July 12, 2024
A. For contracts or contract modifications
				that exceed $100,000, the agency chief procurement officer shall determine in
				writing that the price is fair and reasonable only when one of the following
				requirements is met:
1. The contract or
				modification is based on adequate price competition;
2. Price is supported by an established
				catalog or market prices;
3. Price
				is set by law or rule; or
4. Price
				is supported by relevant, historical price data.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 7 - COST PRINCIPLES › Section R2-7-703 - Submission and Certification of Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. The offeror or contractor shall submit
				certified cost or pricing data in the manner, and within the time-frames,
				prescribed by the agency chief procurement officer.
B. The offeror or contractor shall keep all
				cost or pricing data submitted current until the negotiations are
				concluded.
C. The offeror or
				contractor shall certify cost or pricing data by including a signed statement
				with the submission that all data is accurate, complete, and current to the
				best of the offeror's or contractor's knowledge and belief as of a date
				mutually determined with the agency chief procurement officer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 7 - COST PRINCIPLES › Section R2-7-704 - Refusal to Submit Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an offeror fails to submit cost or
				pricing data in the required form and within the time-frames required, the
				agency chief procurement officer may reject the offer.
B. If a contractor fails to submit data to
				support a contract modification in the form required and within the time-frames
				required, the agency chief procurement officer may:
1. Reject the contract modification;
				or
2. Set the amount of the
				contract modification subject to the contractor's rights under Article 9 of the
				Arizona Procurement Code.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 7 - COST PRINCIPLES › Section R2-7-705 - Defective Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer may
				reduce the contract price if, upon written determination, the cost or pricing
				data is defective.
B. The agency
				chief procurement officer shall reduce the contract price in the amount of the
				defect plus related overhead and profit or fee, if the defective data was used
				in awarding the contract or contract modification.
C. The offeror or contractor may appeal any
				dispute regarding the existence of defective cost or pricing data or the amount
				of an adjustment due to defective cost or pricing data as a contract claim
				under Article 9 of this Chapter. The price, as adjusted by the agency chief
				procurement officer, shall remain in effect until any claim is settled or
				resolved under Article 9 of this Chapter.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A901 - Protest of Solicitations and Contract Awards

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any interested party may protest a
				  solicitation, a determination of not susceptible for award, or the award of a
				  contract.
B. The interested party
				  shall file the protest in writing with the agency chief procurement officer,
				  with a copy to the state procurement administrator, 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 purchasing agency
				  and 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 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A902 - Stay of Procurements during the Protest

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a protest is filed before the
				  solicitation due date, before the award of a contract, or before performance of
				  a contract has begun, the agency chief procurement officer shall make a written
				  determination to either:
1. Proceed with the
				  award or contract performance, or
2. Stay all or part of the procurement if
				  there is a reasonable probability the protest will be upheld or that a stay is
				  in the best interest of the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A903 - Resolution of Solicitation and Contract Award Protests

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer has
				  the authority to resolve a protest.
B. The agency chief procurement officer shall
				  issue a written decision within 14 days after a protest has been filed under
				  R2-7-A901.
				  The decision of the agency chief procurement officer shall contain the basis
				  for the decision and a statement that the decision may be appealed to the
				  Director within 30 days from receipt of the decision.
C. The agency chief procurement officer shall
				  furnish the decision to the interested party, by certified mail, return receipt
				  requested, or by any other method that provides evidence of receipt, with a
				  copy to the state procurement administrator and the director.
D. The agency chief procurement officer may
				  submit a written request to the director for an extension of the time limit for
				  decisions under subsection (B). The director 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 decision, not to exceed an
				  additional 30 days. The director shall notify the agency chief procurement
				  officer, the interested party, and the state procurement administrator in
				  writing that the time for the issuance of a decision has been extended and the
				  date by which a decision shall be issued.
E. If the agency chief procurement officer
				  fails to issue a decision within the time limits set forth in this Article, the
				  interested party may proceed as if the agency chief procurement officer had
				  issued an adverse decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A904 - Remedies by the Agency Chief Procurement Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the agency chief procurement officer
				  sustains a protest in whole or part and determines that a solicitation, a
				  determination of not susceptible for award, or contract award does not comply
				  with the procurement statutes and regulations, the agency chief procurement
				  officer shall implement an appropriate remedy.
B. In determining an appropriate remedy, the
				  agency chief procurement officer shall consider all the circumstances
				  surrounding the procurement or proposed procurement including:
1. The seriousness of the procurement
				  deficiency;
2. The degree of
				  prejudice to other interested parties or to the integrity of the procurement
				  system;
3. The good faith of the
				  parties;
4. The extent of
				  performance;
5. The costs to the
				  state;
6. The urgency of the
				  procurement;
7. The impact on the
				  agency's mission; and
8. Other
				  relevant issues.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A905 - Appeals to the Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  interested party may appeal the decision entered or deemed to be entered by the
				  agency chief procurement officer to the director within 30 days after the date
				  the decision is received or deemed received under
				  R2-7-A903.
				  The interested party shall file a copy of the appeal with the director, the
				  agency chief procurement officer, and the state procurement
				  administrator.
B. The interested
				  party shall file the appeal in writing and shall include the following
				  information:
1. The information prescribed in
				  R2-7-A901(B)
				   including the identification of confidential
				  information under
				  R2-7-103;
2. A copy of the decision of the agency chief
				  procurement officer; and
3. The
				  precise factual or legal error in the decision of the agency chief procurement
				  officer from which an appeal is taken.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A906 - Notice of Appeal to the Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer shall
				  promptly give notice of the appeal to all offerors.
B. The director shall, upon request, furnish
				  copies of the appeal to all offerors subject to the provisions of
				  R2-7-103.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A907 - Stay of Procurement during Appeal to Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a stay is issued under
				  R2-7-A902,
				  the filing of an appeal shall automatically continue the stay, unless the
				  Director makes a written determination that the award of the contract or a
				  notice to proceed with contract performance is necessary to protect the
				  substantial interests of the state.
B. Following a review of the agency chief
				  procurement officer's or the state procurement officer's decision and the
				  interested party's appeal, the director may stay the procurement if the
				  director determines that there is a reasonable probability the protest will be
				  upheld or that a stay is in the best interests of the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A908 - Agency Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  agency chief procurement officer shall file a complete report on the appeal
				  with the director and the state procurement administrator within 21 days after
				  the date the appeal is filed, at the same time furnishing a copy of the report
				  to the interested party. The agency chief procurement officer shall also
				  provide a copy of the report to any interested parties who request a copy, at
				  their cost. The report shall contain copies of:
1. The appeal;
2. The offer submitted by the interested
				  party;
3. The offer of the firm
				  that is being considered for award;
4. The solicitation, including the
				  specifications or portions relevant to the appeal;
5. The abstract of offers or relevant
				  portions;
6. Any other documents
				  that are relevant to the protest; and
7. A statement by the agency chief
				  procurement officer setting forth findings, actions, recommendations and any
				  additional evidence or information necessary to determine the validity of the
				  appeal.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A909 - Remedies by the Director

Current through Register Vol. 30, No. 28, July 12, 2024
If the Director sustains the appeal in whole or part and
					 determines that a solicitation, a not susceptible for award determination, or
					 an award does not comply with procurement statutes and regulations, the
					 director shall implement remedies as provided in
					 R2-7-A904
					 or
					 R2-7-A910.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A910 - Informal Settlement Conference

Current through Register Vol. 30, No. 28, July 12, 2024
In any protest, claim or debarment proceeding, the Director
					 may request to hold an informal settlement conference with all interested
					 parties. The conference may be held at any time prior to a final administrative
					 decision. If an informal settlement conference is held, a person with the
					 authority to act on behalf of the interested party must be present. The agency
					 chief procurement officer shall notify the interested parties in writing that
					 statements, either written or oral, made at the conference, including a written
					 document, created or expressed solely for the purpose of settlement
					 negotiations are inadmissible in any subsequent administrative or judicial
					 hearing. Should any interested party choose not to participate in an informal
					 settlement conference, the Director, or the Director's designee, in his or her
					 discretion, may conduct the conference with those interested parties that
					 appear, or reschedule the conference, or terminate the conference. If the
					 informal settlement conference results in a full settlement agreement between
					 all interested parties, that agreement shall be reduced to writing, signed by
					 the interested parties, and entered as the final administrative decision in the
					 proceeding. If the interested parties do not reach agreement on all matters at
					 issue in the proceedings, but do agree to resolve one or some of the issues,
					 that partial agreement shall be reduced to writing, be signed by the interested
					 parties, and bind the interested parties through the remainder of the
					 proceedings. If the Director, or the Director's designee, participates in an
					 informal settlement conference, the Director, or the Director's designee, may
					 not participate in or attempt to influence the outcome of the final
					 administrative decision. Further, in making a final administrative decision,
					 the Director shall not give any weight to whether or not an informal settlement
					 conference has been held, or to any consideration of the perceived success or
					 failure of the informal settlement conference.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A911 - Dismissal before Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  Director may dismiss, upon written determination, an appeal in whole or in part
				  before scheduling a hearing if:
1. The appeal
				  does not state a valid basis for protest;
2. The appeal is untimely as prescribed under
				  R2-7-A905;
				  or
3. The appeal attempts to raise
				  issues not raised in the protest.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part A - PROTEST OF SOLICITATIONS AND CONTRACT AWARDS › Section R2-7-A912 - Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
The Director shall resolve appeals of solicitation or
					 contract award decisions as contested cases under A.R.S. §
										41-1092.07.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part B - CONTRACT CLAIMS › Section R2-7-B901 - Controversies Involving Contract Claims Against the State

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant shall file a contract claim
				  with the agency chief procurement officer, with a copy to the state procurement
				  administrator, within 180 days after the claim arises. A claim filed after 180
				  days of the date on which the claim arose shall be considered untimely and
				  rejected. 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 purchasing agency
				  and 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 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part B - CONTRACT CLAIMS › Section R2-7-B902 - Agency Chief Procurement Officer's Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer shall
				  take reasonable steps to work with the parties to a claim to resolve all or
				  some of the issues in the claim through either discussions or an informal
				  settlement conference under
				  R2-7-A910.
B. The parties to a claim shall have 60 days
				  to resolve the claim, unless this period is modified by the agency chief
				  procurement officer as described in this subsection. The agency chief
				  procurement officer may end the 60-day period early, if the agency chief
				  procurement officer determines that the claim cannot be resolved by the
				  parties. The agency chief procurement officer may also allow additional time
				  for the parties to resolve the claim, upon request by all parties to the
				  claim.
C. If any issues in the
				  claim are not resolved by a mutual agreement between the parties to the claim
				  as described in subsections (A) and (B) of this Section, then the agency chief
				  procurement officer shall issue a decision within 60 days of the end of the
				  time period for discussions or settlement described in subsection (B) of this
				  Section. Before issuing a decision, the agency chief procurement officer shall
				  review the facts pertinent to the claim and secure any necessary assistance
				  from legal, fiscal, and other advisors. Upon a showing of good cause, the
				  director may grant the agency chief procurement officer up to 30 additional
				  days to issue this decision.
D. The agency
				  chief procurement officer shall furnish the decision to the claimant, by
				  certified mail, return receipt requested, or by any other method that provides
				  evidence of receipt, with a copy to the state procurement administrator. 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 agency chief
				  procurement officer's decision, with supporting rationale; and
5. A paragraph which substantially states:
				  "This is the final decision of the agency chief procurement officer. This
				  decision may be appealed to the director of the Department of Administration.
				  If you appeal, you must file a written notice of appeal containing the
				  information required in
				  R2-7-B904(B)
				  with the director within 30 days from the date you receive this
				  decision."
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part B - CONTRACT CLAIMS › Section R2-7-B903 - Issuance of a Timely Decision

Current through Register Vol. 30, No. 28, July 12, 2024
If the agency chief procurement officer fails to issue a
					 decision within the appropriate time period as described in
					 R2-7-B902,
					 the claimant may proceed as if the agency chief procurement officer had issued
					 an adverse decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part B - CONTRACT CLAIMS › Section R2-7-B904 - Appeals and Reports to the Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. The claimant may appeal the final decision
				  of the agency chief procurement officer to the director within 30 days from the
				  date the decision is received. The claimant shall file a copy of the appeal
				  with the director, the agency chief procurement officer, and the state
				  procurement administrator.
B. The
				  claimant shall file the appeal in writing and shall include the following:
1. A copy of the decision of the agency chief
				  procurement officer;
2. A statement
				  of the factual areas of agreement or disagreement; and
3. The precise factual or legal error in the
				  decision of the agency chief procurement officer from which an appeal is
				  taken.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part B - CONTRACT CLAIMS › Section R2-7-B905 - Controversies Involving State Claims Against the Contractor

Current through Register Vol. 30, No. 28, July 12, 2024
If the agency chief procurement officer is unable to
					 resolve, by mutual agreement, a claim asserted by the state against a
					 contractor, the agency chief procurement officer shall promptly refer the
					 matter in writing to the director for resolution under A.R.S. §
										41-1092.07.
					 The agency chief procurement officer shall furnish a copy of the claim to the
					 state procurement administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C901 - Authority to Debar or Suspend

Current through Register Vol. 30, No. 28, July 12, 2024
The director has the sole authority to debar or suspend a
					 person from participating in state procurements under A.R.S. §
										41-2613.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C902 - Initiation of Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
Upon receipt of information concerning a possible cause for
					 debarment, the director shall investigate the possible cause. If the director
					 has a reasonable basis to believe that a cause for debarment exists, the
					 director may propose debarment under
					 R2-7-C904.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C903 - Period of Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  director shall not establish the period of time for a debarment that exceeds
				  three years from the date of the debarment determination.
B. If debarment is based solely upon
				  debarment by another governmental agency, the director may establish that the
				  period of debarment is to run concurrently with the period established by the
				  other debarring agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C904 - Notice of Debarment and Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If debarment is proposed, the director
				  shall notify the person and affected affiliates in writing within seven days by
				  certified mail, return receipt requested, or any other method that provides
				  evidence of receipt. The notice shall state that the person and affected
				  affiliates have the right to a hearing to contest the proposed
				  debarment.
B. The person proposed
				  for debarment and any affected affiliates shall file a written request for a
				  hearing within 10 days of receipt of the director's notice of proposed
				  debarment.
C. The hearing shall be
				  conducted as a contested case under A.R.S. §§
										41-1092.07
				  and
				  41-2613.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C905 - Imputed Knowledge

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  director may attribute improper conduct 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 director
				  may attribute improper conduct of a person or its affiliate having a contract
				  with a contractor 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 knowledge, approval, or acquiescence of, the contractor.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C906 - Reinstatement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The director may
				  at any time after a final decision on a debarment reinstate a debarred person
				  or rescind the debarment upon a determination that the cause upon which the
				  debarment is based no longer exists.
B. Any debarred person may request
				  reinstatement by submitting a petition to the director supported by documentary
				  evidence showing that the cause for debarment no longer exists or has been
				  substantially mitigated.
C. The
				  director may require a hearing on the request for reinstatement.
D. The director shall make a written decision
				  on reinstatement within 30 days after the request is filed and specify the
				  factors on which it is based.
E.
				  Reinstatement decisions by the director are not subject to administrative
				  review.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C907 - Limited Participation

Current through Register Vol. 30, No. 28, July 12, 2024
The director may allow a debarred person to participate in
					 state contracts on a limited basis during the debarment period upon a written
					 determination that participation is advantageous to the state. The
					 determination shall specify the factors on which it is based and define the
					 extent of the limits imposed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C908 - Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the director
				  determines that reasonable grounds for debarment exist, the director may
				  suspend a person from receiving any award under
				  R2-7-C910.
B. For purposes of suspension, a person's
				  conduct may be attributed to an affiliate or another person under
				  R2-7-C905.
C. The director shall not suspend a person
				  pending debarment unless compelling reasons require suspension to protect state
				  interests.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C909 - Period and Scope of Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
Unless otherwise agreed to by the parties, the director
					 shall not implement a period of suspension of more than 35 days without
					 satisfying the notice requirements of
					 R2-7-C910.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C910 - Notice, Hearing, Determination, and Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The director shall notify the person
				  suspended by certified mail, return receipt requested, or by any other method
				  that provides evidence of receipt.
B. The notice of suspension shall state:
1. The basis for suspension;
2. The period, including dates, of the
				  suspension;
3. That offers received
				  from the person 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 the
				  director within 30 days after receipt of the notice.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part C - DEBARMENTS AND SUSPENSIONS › Section R2-7-C911 - Master List

Current through Register Vol. 30, No. 28, July 12, 2024
A. The director
				  shall maintain a master list of debarments, suspensions, and voluntary
				  exclusions under this Article.
B.
				  The master list shall show at a minimum, the following information:
1. The names and vendor numbers of those
				  persons whom the state has debarred or suspended under this Article;
2. The statutory authority for the
				  action;
3. The period of debarment
				  or suspension, including the expiration date;
4. The name of the debarring or suspending
				  agency, if the state's debarment or suspension is based on debarment or
				  suspension by another governmental agency; and
5. A separate section listing persons
				  voluntarily excluded from participation in state contracts.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part D - HEARING PROCEDURES › Section R2-7-D901 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
If a hearing is required or permitted under this Chapter,
					 the director shall refer the matter to the Office of Administrative Hearings
					 for findings of fact, conclusions of law, and a recommended decision. The
					 director may also direct the parties to engage in settlement negotiations or
					 alternative dispute resolution procedures before referring the matter for a
					 hearing.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 9 - LEGAL AND CONTRACTUAL REMEDIES › Part D - HEARING PROCEDURES › Section R2-7-D902 - Rehearing of Director's Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Any person, including an agency chief procurement officer, who is aggrieved by
				  the director's decision may file a written request for rehearing of the
				  decision under A.R.S. §
										41-1092.09.
B. The director, within the time for filing a
				  request for rehearing under this rule, may upon the director's own initiative,
				  order a rehearing for any reason for which a rehearing may have been granted on
				  request of a party.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1001 - Approval to Enter into a Cooperative Purchasing Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A. Agency chief procurement officers may use
				Arizona state contracts without a cooperative purchasing agreement.
B. Agency chief procurement officers shall
				submit a written request to the state procurement administrator before
				participating in a cooperative purchasing agreement with another public
				procurement unit or group of public procurement units. The written request for
				approval shall specify the manner which the administering public procurement
				unit complies with A.R.S. §
									41-2634.
C. The state procurement administrator shall
				either:
1. Issue written approval, with any
				conditions or restrictions;
2.
				Request additional information from the state government unit; or
3. Deny the request.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1002 - Cooperative Purchasing Agreement Administered by an Agency Chief Procurement Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency chief procurement officer shall ensure that any cooperative purchasing
				agreement administered for use by other eligible procurement units under A.R.S.
				§
									41-2632
				provides that:
1. Payment for materials or
				services and inspection and acceptance of materials or services are the
				responsibility of the using eligible procurement unit;
2. Failure of an eligible procurement unit to
				secure performance from the contractor in accordance with the terms and
				conditions of its purchase order does not necessarily require the state to
				exercise rights or remedies;
3. The
				exercise of any rights or remedies by the eligible procurement unit shall be
				the exclusive obligation of that unit. The state, as the contract administrator
				and without subjecting itself to any liability, may join in the resolution of
				any controversy;
4. The eligible
				procurement unit shall not use an Arizona state contract as a method for
				obtaining additional concessions or reduced prices for similar material or
				services; and
5. An agency chief
				procurement officer may terminate without notice any cooperative purchasing
				agreement if the eligible procurement unit fails to comply with the terms of
				the contract.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1003 - Purchasing from a Cooperative Contract

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer shall
				not procure materials, services, professional services, construction or
				construction services from any cooperative contracts available under an
				existing Arizona state contract, unless authorized by the state procurement
				administrator.
B. If it is in the
				best interest of the state and at the discretion of the agency chief
				procurement officer, a cooperative contract may be used if the following
				criteria, at a minimum, are met:
1. The
				cooperative contract was awarded through the competitive process and
				documentation is available to substantiate the award, including:
a. Bidder's list,
b. Solicitation included evaluation
				factors,
c. Multiple offers
				received,
d. Bid tabulation and
				evaluation offers, and
e. Basis for
				cooperative contract award with established evaluation factors.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1004 - Establishment of a Committee as Required by A.R.S. Section 41-2636

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director
				shall appoint a committee as required by A.R.S. §
									41-2636.
B. The committee shall be comprised of at
				least seven members, including the committee chair, representing:
1. Arizona Correctional Industries
				("ACI");
2. Arizona Industries for
				the Blind ("AIB");
3. Certified
				nonprofit agency that serves individuals with disabilities (CNAID) as defined
				in A.R.S. §
										41-2636(G);
4. Other public procurement units.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1005 - Certification as Non-profit Agency for Disabled Individuals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A non-profit organization may request
				written approval from the committee for certified status as a non-profit agency
				for disabled individuals for the purpose of being eligible for set-aside
				contracts by submitting information that satisfies the criteria identified in
				A.R.S. §
									41-2636(A)
				 and
				41-2636(G).
B. The committee shall review the information
				submitted and respond to the requestor in writing by:
1. Approving the request for
				certification;
2. Denying the
				request for certification; or
3.
				Requesting more information.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1006 - Application for Approval as Required by A.R.S. Section 41-2636 to Become a Certified Non-profit Agency for Disabled Individuals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A non-profit organization requesting
				certification by the committee as a non-profit agency for disabled individuals
				shall submit the following written information to the State Procurement Office,
				attention of the committee chair:
1. Name of
				organization, address, contact name, and contact information;
2. Description of the non-profit activity
				center;
3. Evidence of the
				organization's non-profit status;
4. A statement that the business is operated
				in accordance with A.R.S. §
										41-2636(G);
5. A statement of Occupational Safety and
				Health Administration compliance; and
6. The signature and title of the responsible
				party within the applicant's organization.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 10 - INTERGOVERNMENTAL PROCUREMENT › Section R2-7-1007 - Approval of Specific Materials or Services for Set-aside Use

Current through Register Vol. 30, No. 28, July 12, 2024
A. ACI, AIB, CNAID
				shall submit information to the committee to request approval of the material
				or service for mandatory set-aside use. The applicant shall include the
				following information:
1. A description of
				the specific material or service;
2. The pricing offered;
3. Documentation that the pricing offered is
				fair market pricing; and
4.
				Information regarding availability.