Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 1 - GENERAL PROVISIONS › Section R2-7-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Chapter, unless the context otherwise
				  requires:
1. "Affiliate" means any
				person whose governing instruments require it to be bound by the decision of
				another person or whose governing board includes enough voting representatives
				of the other person to cause or prevent action, whether or not the power is
				exercised. The term applies to persons doing business under a variety of names,
				persons in a parent-subsidiary relationship, or persons that are similarly
				affiliated.
2. "Agency chief
				procurement officer" means the procurement officer within a state governmental
				unit, who is acting under specific, written authority from the state
				procurement administrator in accordance with
				R2-7-202
				or any person delegated that authority, in writing, under
				R2-7-203.
				The term does not include any other person within a state governmental unit who
				does not have this written delegation of authority.
3. "Aggregate dollar amount" means purchase
				price, including taxes and delivery charges, for the term of the contract and
				accounting for all allowable extensions and options.
4. "Alternate project delivery methods" means
				design-build, construction-management-at-risk, and job-order-contracting
				construction services.
5. "Arizona
				Procurement Code" means A.R.S. Title 41, Chapter 23 and this Chapter.
6. "Arizona state contract" means
				a contract established or authorized by the state procurement administrator for
				use by state governmental units and eligible procurement units.
7. "Award" means a determination by the state
				that it is entering into a contract with one or more offerors.
8. "Best and Final Offer" means a revision to
				an offer submitted after negotiations are completed that contain the offeror's
				most favorable terms for price, service, and products to be delivered.
9. "Bid" means an offer in
				response to solicitation.
10.
				"Bidder" means "offeror" as defined in R2-7-101(35).
11. "Brand name or equivalent specification"
				means a written description that uses one or more manufacturers' product name
				or catalog item, to describe the standard of quality, performance, and other
				characteristics that meet state requirements and provides for submission of
				equivalent products or services.
12. "Brand name specification" means a
				written description limited to a list of one or more items by manufacturers'
				product name or catalog item to describe the standard of quality, performance,
				and other characteristics that meet state requirements.
13. "Clergy" includes the same persons
				described in A.R.S. §
									32-3271(A)(3).
14. "Component" means a part of a
				manufactured product.
15. "Contract
				amendment" means a written modification of a contract under A.R.S. §
									41-2503(8)
				 or a unilateral exercise of a right
				contained in the contract.
16.
				"Cost data" means information concerning the actual or estimated cost of labor,
				material, overhead, and other cost elements that have been incurred or will be
				incurred by the offeror or contractor in performing the contract.
17. "Cost-plus-a-percentage-of-cost contract"
				means the parties to a contract agree that the fee will be a predetermined
				percentage of the cost of work performed and the contract does not limit the
				cost and fee before authorization of performance.
18. "Day" means a calendar day and time is
				computed under A.R.S. §
									1-243, unless
				otherwise specified in the solicitation or contract.
19. "Debarment" means an action taken by the
				director under
				R2-7-C901
				that prohibits a person from participating in the state procurement
				process.
20. "Defective data" means
				data that is inaccurate, incomplete, or outdated.
21. "Dentist" means a person licensed under
				A.R.S. Title 32, Chapter 11.
22.
				"Descriptive literature" means information available in the ordinary course of
				business that shows the characteristics, construction, or operation of an item
				or service offered.
23. "Eligible
				procurement unit" means a local public procurement unit, any other state or
				agency of the United States, or a nonprofit educational or public health
				institution, including any certified non-profit agency that serves individuals
				with disabilities as defined in A.R.S. § 41- 2636, that is eligible under a
				cooperative agreement to use Arizona state contracts.
24. "eProcurement System" means the State's
				official electronic procurement system as authorized by the state procurement
				administrator under
				R2-7-201.
25.
				"Filed" means delivery to an agency chief procurement officer or to the
				director, whichever is applicable, in a manner specified by the Arizona
				Procurement Code or a solicitation.
26. "Finished goods"
				means units of a manufactured product awaiting sale.
27. "Force account" as
				used in A.R.S. §
									41-2572,
				means work performed by the state's regularly employed personnel.
28.
				"Governing instruments" means legal documents that establish the existence of
				an organization and define its powers, including articles of incorporation or
				association, constitution, charter, by-laws, or similar documents.
29.
				"In writing" has the same meaning as "written" or "writing" in A.R.S. §
									47-1201,
				which includes printing, typewriting, electronic transmission, facsimile, or
				any other intentional reduction to tangible form.
30. "Interested party"
				means an offeror or prospective offeror whose economic interest is affected
				substantially and directly by issuance of a solicitation, an award or loss of
				an award. Whether an offeror or prospective offeror has an economic interest
				depends upon the circumstances of each case.
31. "Legal counsel"
				means a person licensed as an attorney by the Arizona Supreme Court.
32.
				"May" means something is permissive.
33. "Negotiation" means
				an exchange or series of exchanges between the state and an offeror or
				contractor that allows the state or the offeror or contractor to revise an
				offer or contract, unless revision is specifically prohibited by this
				Chapter.
34. "Offer" means a
				response to a solicitation.
35. "Offeror" means a
				person who responds to a solicitation.
36. "Physician" means a
				person licensed under A.R.S. Title 32, Chapters 7, 8, 13, 14, 15.1, 16, or
				17.
37. "Price data" means
				information concerning prices, including profit, for materials, services, or
				construction substantially similar to the materials, services, or construction
				to be procured under a contract or subcontract. In this definition, "prices"
				refers to offered selling prices, historical selling prices, or current selling
				prices of the items to be purchased.
38. "Procurement file"
				means the official records file of the director whether located in the office
				of the director, at a public procurement unit, or in the eProcurement System.
				The procurement file shall include (electronic or paper) the following:
a. List of notified vendors,
b. Final solicitation,
c. Solicitation amendments,
d. Bids and offers,
e. Offer revisions and best and final
				offers,
f. Discussions,
g. Clarifications,
h. Final evaluation reports, and
i. Additional information, if requested by
				the agency chief procurement officer and approved by the state procurement
				administrator.