reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C312 - Responsibility Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  agency chief procurement officer shall determine, at any time during the
				  evaluation period and before award, that an offeror is responsible or
				  nonresponsible.
B. The agency chief
				  procurement officer may consider the following factors before determining that
				  an offeror is responsible or nonresponsible:
1. The offeror's financial, business,
				  personnel, or other resources, including subcontractors;
2. The offeror's record of performance and
				  integrity;
3. Whether the offeror
				  has been debarred or suspended;
4.
				  Whether the offeror is legally qualified to contract with the state;
5. Whether the offeror promptly supplied all
				  requested information concerning its responsibility; and
6. Whether the offeror meets any
				  responsibility criteria specified in the solicitation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C313 - Clarification of Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  purpose for clarifications is to provide for a greater mutual understanding of
				  the offer. Clarifications are not negotiations and material changes to the
				  request for proposal or offer shall not be made by clarification.
B. The agency chief procurement officer may
				  request clarifications from offerors at any time after receipt of offers.
				  Clarifications may be requested orally or in writing. If clarifications are
				  requested orally, the offeror shall confirm the request in writing. A request
				  for clarifications shall not be considered a determination that the offeror is
				  susceptible for award.
C. The
				  agency chief procurement officer shall retain any clarifications in the
				  procurement file.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C314 - Negotiations with Responsible Offerors and Revisions of Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency chief
				  procurement officer shall establish procedures and schedules for conducting
				  negotiations. The agency chief procurement officer shall ensure there is no
				  disclosure of one offeror's price or any information derived from competing
				  offers to another offeror.
B.
				  Negotiations may be conducted orally or in writing. If oral negotiations are
				  conducted, the agency chief procurement officer shall confirm the negotiations
				  in writing and provide to the offeror.
C. If negotiations are conducted,
				  negotiations shall be conducted with all offerors determined to be reasonably
				  susceptible for award. Offerors may revise offers based on negotiations
				  provided that any revision is con-firmed in writing.
D. An agency chief procurement officer may
				  conduct negotiations with responsible offerors to improve offers in such areas
				  as cost, price, specifications, performance, or terms, to achieve best value
				  for the state based on the requirements and the evaluation factors set forth in
				  the solicitation.
E. Responsible
				  offerors determined to be susceptible for award, with which negotiations have
				  been held, may revise their offer in writing during negotiations.
F. An offeror may withdraw an offer at any
				  time before the best and final offer due date and time by submitting a written
				  request to the agency chief procurement officer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C315 - Offer Revisions and Best and Final Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency chief procurement officer may
				  request one or more written revisions to an offer. The agency chief procurement
				  officer shall include in the written request:
1. The date, time, and place for submission
				  of offer revisions; and
2.
				  statement that if offerors do not submit a written notice of withdrawal or a
				  written offer revision, their immediate previous written offer will be accepted
				  as their final offer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C316 - Evaluation of Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency
				  chief procurement officer shall evaluate offers and best and final offers based
				  on the evaluation criteria contained in the request for proposals. The agency
				  chief procurement officer shall not modify evalua-tion criteria or their
				  relative order of importance after offer due date and time.
B. An agency chief procurement officer may
				  appoint an evaluation committee to assist in the evaluation of offers. If
				  offers are evaluated by an evaluation committee, the evaluation committee shall
				  prepare an evaluation report for the agency chief procurement officer. The
				  evaluation report shall supersede all previous draft evaluations or evaluation
				  reports. The agency chief procurement officer may:
1. Accept or reject the findings of the
				  evaluation committee,
2. Request
				  additional information from the evaluation committee, or
3. Replace the evaluation
				  committee.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C317 - Contract Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency
				  chief procurement officer shall award the contract to the responsible offeror
				  whose offer is determined to be most advantageous to the state based on the
				  evaluation factors set forth in the solicitation. The agency chief procurement
				  officer shall make a written determination explaining the basis for the award
				  and place it in the procurement file.
B. The agency chief procurement officer shall notify
				  all offerors of an award.
C. After
				  contract award, the agency chief procurement officer shall return any offer
				  security provided by the offeror.
D. Within 3 days after
				  contract award the agency chief procurement officer shall make the procurement
				  file, including alloffers, available for public inspection, redacting
				  information that is confidential under
				  R2-7-103.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part C - COMPETITIVE SEALED PROPOSALS › Section R2-7-C318 - Mistakes Discovered After Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a mistake in the offer is discovered
				  after the award, the offeror may request correction or withdrawal in writing,
				  and shall include all of the following in their written request:
1. Explanation of the mistake and any other
				  relevant information;
2. A request
				  for correction including the corrected offer or a request for withdrawal;
				  and
3. The reasons why correction
				  or withdrawal is consistent with fair competition and in the best interest of
				  the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part D - PROCUREMENTS NOT EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-D301 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
For purchases not exceeding the amount prescribed in A.R.S.
					 §
										41-2535,
					 including construction, the agency chief procurement officer shall issue a
					 request for quotation under
					 R2-7-D302
					 unless any of the following apply:
1.
				  The purchase can be made from a state or agency contract;
2. The purchase can be made from a set-aside
				  organization as established in Article 10;
3. The purchase is not expected to exceed
				  $10,000.00;
4. The agency chief procurement officer makes a
				  written determination that competition is not practicable under the
				  circumstances. The purchase shall be made with as much competition as is
				  practicable under the circumstances.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part D - PROCUREMENTS NOT EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-D302 - Solicitation - Request for Quotation

Current through Register Vol. 30, No. 28, July 12, 2024
A.A request for quotation shall be issued for
				  purchases estimated to exceed $10,000 but less than that specified in A.R.S. §
										41-2535.
				  The agency chief procurement officer shall include the following in the
				  solicitation:
1. Offer submission
				  requirements, including offer due date and time, where offers will be received,
				  and offer acceptance period;
2. Any
				  purchase description, specifications, delivery or performance schedule, and
				  inspection and acceptance requirements;
3. The minimum information that the offer
				  shall contain;
4. Any evaluation
				  factors;
5. Whether negotiations
				  may be held;
6. Any contract
				  options including renewal or extension;
7. The uniform terms and conditions by text
				  or reference; and
8. Any other
				  terms, conditions, or instructions specific to the procurement.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part D - PROCUREMENTS NOT EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-D303 - Contract Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If only one
				  responsive offer is received, the agency chief procurement officer shall
				  determine if the price is fair and reasonable, and in the best interest of the
				  state to award a contract and place the determination in the procurement file.
				  If time permits, the agency chief procurement officer may initiate a second
				  request for quotation if it is reasonable to believe that additional responses
				  will be received.
B. The agency
				  chief procurement officer shall award a contract to the small business
				  determined to be most advantageous to the state in accordance with any
				  evaluation factors identified in the request for quotation. If award is
				  pursuant to
				  R2-7-D302(C),
				  the agency chief procurement officer shall award a contract to the offeror
				  determined to be most advantageous to the state in accordance with any
				  evaluation factors identified in the request for quotation.
C. The agency chief procurement officer shall
				  place the written basis for the award in the procurement file.
D. The agency chief procurement officer shall
				  make the procurement file available to the public on the date of contract
				  award, except for those items considered confidential under
				  R2-7-103.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part D - PROCUREMENTS NOT EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-D304 - Purchases of $10,000 and Less

Current through Register Vol. 30, No. 28, July 12, 2024
The agency chief procurement officer shall use reasonable
					 judgment in awarding contracts of $10,000 and less that are advantageous to the
					 state. The agency chief procurement officer may but is not required to request
					 quotations.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part D - PROCUREMENTS NOT EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-D305 - Renumbered

Current through Register Vol. 30, No. 28, July 12, 2024
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part E - LIMITED COMPETITION FOR PROCUREMENTS EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-E301 - Sole Source Procurements

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				  purposes of this Section, the term "sole-source procurement" means a material
				  or service procured without competition when:
1. There is only a single source for the
				  material or service, or
2. No
				  reasonable alternative source exists.
The duration and
					 estimated total dollar value of the proposed procurement,
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part E - LIMITED COMPETITION FOR PROCUREMENTS EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-E302 - Emergency Procurements

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				  the purposes of Section, the term "Semergency" means any condition creating an
				  immediate and serious need for materials, services, or construction in which
				  the state's best interests are not met through the use of other
				  source-selection methods. The condition must seriously threaten the functioning
				  of state government, the preservation or protection of property, or the health
				  or safety of a person.
B. This
				  Section applies to only emergency procurements, estimated to exceed the amount
				  prescribed in A.R.S. §
										41-2535.
				  The agency chief procurement officer may procure a material or service without
				  competition when there is an emergency by complying with this
				  Section.
C. The state procurement
				  administrator may delegate this authority to the agency chief procurement
				  officer in accordance with
				  R2-7-202.
				  If not delegated to the agency chief procurement officer, the agency chief
				  procurement officer shall submit the written request for, or notification of,
				  the emergency procurement to the state procurement administrator. The request
				  shall include the following information:
1. A
				  description of the procurement need and the reason for the emergency;
2. The name of the supplier;
3. The duration and estimated total dollar
				  value of the procurement; and
4.
				  Documentation that the price submitted is fair and reasonable pursuant to
				  R2-7-702.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part E - LIMITED COMPETITION FOR PROCUREMENTS EXCEEDING THE AMOUNT PRESCRIBED IN A.R.S. SECTION 41-2535 › Section R2-7-E303 - Competition Impracticable Procurements

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes of this Section,
				  "Scompetition impracticable" means a procurement requirement exists which makes
				  compliance with A.R.S. §§
										41-2533,
				  41-2534,
				  41-2538,
				  or
				  41-2578
				  impracticable, unnecessary, or contrary to the public interest, but which is
				  not an emergency under
				  R2-7-E302.
				  Procurements with a documented lack of available vendors in the marketplace and
				  which require an open and continuous availability of offerors may be procured
				  by this method.
B. An agency chief
				  procurement officer seeking a competition impracticable procurement shall
				  obtain the approval of the state procurement administrator before proceeding.
				  The state procurement administrator may delegate this authority to the agency
				  chief procurement officer in accordance with
				  R2-7-202.
C. The agency chief procurement officer shall
				  submit a written request for approval containing the following:
1. An explanation of the competition
				  impracticable need and the unusual or unique situation that makes compliance
				  with A.R.S. §§
											41-2533,
				  41-2534,
				  41-2538,
				  or
				  41-2578
				  impracticable, unnecessary, or contrary to the public interest;
2. A definition of the proposed procurement
				  process to be utilized and an explanation of how this process will foster as
				  much competition as is practicable;
3. An explanation of why the proposed
				  procurement process is advantageous to the state; and
4. The scope, duration, and estimated total
				  dollar value of the procurement need.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F301 - Statement of Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  agency chief procurement officer may request that persons desiring to provide
				  the services specified in A.R.S. §
										41-2513
				  submit statements of qualifications on a prescribed form which shall include,
				  but not be limited to the following information:
1. Technical education and
				  training;
2. General or special
				  experience, certifications, licenses, and memberships in professional
				  associations, societies, or boards; and
3. Any other relevant information requested
				  by the purchasing agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F302 - Solicitation

Current through Register Vol. 30, No. 28, July 12, 2024
A. For procurements
				  not exceeding the amount prescribed in A.R.S. §
										41-2535,
				  except as authorized under A.R.S. §
										41-2536,
				  the agency chief procurement officer shall comply with Part D of this
				  Article.
B. For procurements
				  exceeding the amount prescribed in A.R.S. §
										41-2535,
				  the agency chief procurement officer shall follow the procedures below, except
				  as authorized under A.R.S. §§
										41-2536
				  or
				  41-2537:
1. The agency chief procurement officer shall
				  issue a request for proposal providing adequate notice based on the
				  circumstances.
2. The agency chief
				  procurement officer shall provide notice to prospective suppliers registered at
				  the state procurement office for the specific service and, if
				  R2-7-F301
				  has been implemented, to persons who have submitted statements of
				  qualifications for the particular services solicited, or both.
3. The agency chief procurement officer shall
				  include the following in the solicitation:
a.
				  A specific offer due date and time, or that offers will be accepted on an open
				  and continuous basis. If offers are accepted on an open and continuous basis,
				  the designated, continuous day and time in which offers will be
				  opened;
b. The location where
				  offers will be received;
c. The
				  offer acceptance period;
d. The
				  manner by which the offeror is required to acknowledge amendments;
e. A description of the services
				  needed;
f. The type of
				  qualifications, experience, licensing, or other information required;
g. The minimum information in the
				  offer;
h. Any evaluation
				  criteria;
i. Any applicable
				  contract terms and conditions;
j. A
				  statement that negotiations may be conducted to determine the offeror's
				  qualifications for further consideration;
k. Any cost or pricing data
				  required;
l. The type of contract
				  to be used;
m. A statement that the
				  agency may cancel the solicitation or reject an offer in whole or in
				  part;
n. Certification by the
				  offeror that submission of the offer did not involve collusion or other anti
				  competitive practices; and
o. A
				  statement of whether the services shall be retained for a stated or ongoing
				  period of time and whether the con-tract is to include any option for renewal
				  or extension.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F303 - Solicitation Amendment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief procurement officer shall issue
				  a solicitation amendment to do any or all of the following:
1. Make changes in the
				  solicitation;
2. Correct defects or
				  ambiguities;
3. Provide additional
				  information or instructions; or
4.
				  Extend the offer due date and time if the agency chief procurement officer
				  determines that an extension is in the be stinterest of the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F304 - Cancellation of Solicitation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Based on the best interest of the state, the agency chief procurement officer
				  may cancel a solicitation at any time before award.
B. Based on the best interest of the state,
				  the agency chief procurement officer may cancel an open and continuous
				  solicitation at any time during the active period of the solicitation.
				  Contracts that have already been awarded in accordance with the solicitation
				  shall not be affected by the cancellation.
C. The agency chief procurement officer shall
				  notify offerors of the cancellation in writing.
D. The agency chief procurement officer shall
				  return any offers received to the offerors.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F305 - Receipt, Opening, and Recording of Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  agency chief procurement officer shall maintain a record of offers received for
				  each solicitation and shall record the time and date when an offer is received.
				  The agency chief procurement officer shall store each unopened offer in a
				  secure place until the offer due date and time.
B. A purchasing agency may open an offer to
				  identify the offeror. If this occurs, the agency chief procurement officer
				  shall record the reason for opening the offer, the date and time the offer was
				  opened, and the solicitation number. The agency chief procurement officer shall
				  secure the offer and retain it for public opening.
C. The agency chief procurement officer shall
				  open offers after the offer due date and time. The agency chief procurement
				  officer shall announce and record the name of each offeror and any other
				  relevant information as determined by the agency chief procurement officer. The
				  agency chief procurement officer shall make the record of offers available for
				  public viewing.
D. Except for the
				  information identified in
				  R2-7-C306(C),
				  the agency chief procurement officer shall ensure that information contained in
				  the offer remains confidential until contract award and is shown only to those
				  persons assisting in the evaluation process.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F306 - Timely and Late Modifications or Withdrawals of Offer

Current through Register Vol. 30, No. 28, July 12, 2024
A. An authorized representative of an offeror
				  may withdraw an offer in writing if the written request for withdrawal is
				  received by the agency chief procurement officer before the designated offer
				  due date and time or the designated, continuous offer due day and
				  time.
B. An offeror may withdraw or
				  modify an offer at any time before the due date and time or designated,
				  continuous day and time for offer opening and before contract award by
				  submitting a written request to the agency chief procurement officer.
C. If a modification or a withdrawal is not
				  received by the designated offer due date and time or the designated,
				  continuous day and time for offer opening, the agency chief procurement officer
				  shall determine the modification or withdrawal as late. The agency chief
				  procurement officer shall reject a late modification or withdrawal unless:
1. The document is received before the
				  contract award; and
2. The document
				  would have been received by the designated offer due date and time or the
				  designated, continuous day and time for offer opening but for the action or
				  inaction of state personnel directly serving the purchasing agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F307 - Late Offers

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				  specific offer due date and time has been identified in the solicitation, the
				  agency chief procurement officer shall rejectany offer received after the
				  specified offer due date and time unless:
1.
				  It was transmitted through an eProcurement system designated in the
				  solicitation, and the offer has a submitted status in the system prior to the
				  offer due date and time; or
2. There is evidence to
				  establish that the hand-delivered offer was received before contract award at
				  the location designated in the solicitation and would have been received by the
				  offer due date and time but for the failure of state personnel directly serving
				  the purchasing agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F308 - Negotiations with Offerors

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  agency chief procurement officer may conduct negotiations with any or none of
				  the offerors.
B. The agency chief
				  procurement officer may conduct negotiations to improve offers in such areas as
				  cost, price, specifications, performance, or terms and conditions, and to
				  achieve best value for the state.
C. The agency chief procurement officer shall
				  document the results of negotiations in writing by requesting a best and final
				  offer as defined in
				  R2-7-C315.
D. The agency chief procurement officer shall
				  ensure that negotiations do not disclose any information derived from other
				  offers.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F309 - Contract Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency
				  chief procurement officer shall award the contract to the offeror best
				  qualified based on the evaluation factors set forth in the request for proposal
				  and after making a written determination that the price is fair and reasonable.
				  The agency chief procurement officer shall not award a contract based solely on
				  price.
B. The agency chief
				  procurement officer shall make a written determination explaining the basis for
				  the award and place it in the procurement file.
C. The agency chief procurement officer shall
				  award contracts pursuant to A.R.S. §
										41-2513(B)
				  through (D) where applicable.
D. Within 3 days after contract award the
				  agency chief procurement officer shall make the procurement file, including all
				  offers, available for public inspection, redacting information that is
				  confidential under
				  R2-7-103.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part F - COMPETITIVE SELECTION PROCESS FOR SERVICES OF CLERGY, PHYSICIANS, DENTISTS, LEGAL COUNSEL, OR CERTIFIED PUBLIC ACCOUNTANTS › Section R2-7-F310 - Mistakes Discovered after Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a mistake in the offer is discovered
				  after the award, the offeror may request correction or withdrawal in writing,
				  and shall include all of the following in the written request:
1. Explanation of the mistake and any other
				  relevant information;
2. A request
				  for correction including the corrected offer or a request for withdrawal;
				  and
3. The reasons why correction
				  or withdrawal is consistent with fair competition and in the best interest of
				  the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part G - OTHER SOURCE SELECTION › Section R2-7-G301 - Request for Information

Current through Register Vol. 30, No. 28, July 12, 2024
An agency chief procurement officer may issue a request for
					 information to obtain price, delivery, technical information or capabilities
					 for planning purposes.
1. Responses to
				  a request for information are not offers and cannot be accepted to form a
				  binding contract.
2. Information
				  contained in a response to a request for information shall be considered
				  confidential until the procurement process is concluded or two years, whichever
				  occurs first unless authorized by the state procurement
				  administrator.
3. There is no
				  required format to be used for requests for information.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part G - OTHER SOURCE SELECTION › Section R2-7-G302 - Demonstration Projects

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  agency chief procurement officer shall submit a written request to the state
				  procurement administrator to award a contract for a demonstration project. The
				  written request shall contain the following:
1. Name of the agency or agencies;
2. Name of the contractor;
3. Description of the project, including
				  unique and innovative features of the project;
4. Statement and explanation that the project
				  is in best interest of the state;
5. Duration of the project; and
6. Proposed contract terms and
				  conditions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part G - OTHER SOURCE SELECTION › Section R2-7-G303 - Unsolicited Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				  unsolicited proposal shall be a proposal that is submitted at the initiative of
				  the offeror, and not in response to a solicitation.
B. An unsolicited proposal shall be submitted
				  in writing and in sufficient detail for the agency chief procurement officer to
				  understand the proposal.
C. An
				  unsolicited proposal shall not be an advance offer to a known state
				  requirement.
D. An agency chief
				  procurement officer shall submit a written request to the state procurement
				  administrator to award a contract resulting from an unsolicited proposal. The
				  written request shall contain the following:
1. Name of the agency or agencies;
2. Name of the contractor;
3. Description of the project, including
				  unique and innovative features of the project;
4. Statement and explanation that project is
				  in best interest of the state;
5.
				  Duration of the project; and
6.
				  Proposed contract terms and conditions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part G - OTHER SOURCE SELECTION › Section R2-7-G304 - General Services Administration Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency chief procurement officer may
				  purchase products or services using General Services Administration (GSA)
				  schedules or contracts under the following conditions:
1. Use of the GSA contract or schedule is
				  cost effective and in the best interest of the state;
2. Price is equal to or less than the
				  contractor's current GSA price;
3.
				  Price is fair and reasonable;
4.
				  Contractor is willing to offer GSA pricing and terms to the state;
5. Comparable products or services are not
				  available under a state or agency contract;
6. Comparable products or services are not
				  restricted under a set-aside contract; and
7. Contractor accepts required state contract
				  terms and conditions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 3 - SOURCE SELECTION AND CONTRACT FORMATION › Part G - OTHER SOURCE SELECTION › Section R2-7-G305 - Public-private Partnership Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. As referenced in this Article, a
				  public-private partnership contract is a government contract and not a
				  partnership. The government shall not jointly own or share property with the
				  contractor and the government shall not be responsible for the contractor's
				  liabilities.
B. An agency chief
				  procurement officer shall submit a written request to the state procurement
				  administrator to enter into a public-private partnership contract. The written
				  request shall contain the following:
1. Name
				  of the agency or agencies;
2. Name
				  of the contractor;
3. Description
				  of the public-private partnership, including obligations of the agency and the
				  contractor;
4. Statement and
				  explanation that the project is in best interest of the state;
5. Proposed contract price and assessment of
				  the proposed value;
6. Description
				  of the proposed performance measurement criteria and methods;
7. Duration of the project; and
8. Proposed contract terms and
				  conditions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 4 - SPECIFICATIONS › Section R2-7-401 - Preparation of Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				State governmental units may prepare and utilize specifications only under the
				authority delegated by the state procurement administrator under
				R2-7-202.
B. An agency chief
				procurement officer delegated the authority to prepare and utilize
				specifications shall comply with the requirements of A.R.S. §
									41-2561
				through A.R.S. §
									41-2568
				and ensure specifications used support maximum practical competition.
C. The agency chief procurement officer may
				contract for the preparation of specifications with persons other than state
				personnel.
D. Notwithstanding the
				provisions of this Section, the state procurement administrator retains the
				authority to prepare, issue, revise, and monitor all specifications and
				plans.
E. If a mandatory
				specification has been designated by the state procurement administrator for a
				particular material, service, or construction item, it shall be used unless the
				state procurement administrator makes a written determination that its use is
				not advantageous to the state and that another specification may be
				used.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 4 - SPECIFICATIONS › Section R2-7-402 - Utilization of Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
The agency chief procurement officer may use any type of
				  specification that describes the procurement requirement and promotes
				  competition, except that the agency chief procurement officer shall not use
				  proprietary or restrictive specifications without the prior written approval of
				  the state procurement administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 4 - SPECIFICATIONS › Section R2-7-403 - Determination for Use of Brand Name Type Specifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The state procurement administrator may
				authorize the use of a brand name only specification if the state procurement
				administrator makes a written determination that only the identified brand name
				item will satisfy the state's needs.
B. The agency chief procurement officer
				shall, to the extent practicable, identify sources from which the designated
				brand name item can be obtained and shall solicit such sources to achieve the
				maximum practical competition.
C.
				The agency chief procurement officer may use a brand name or equivalent
				specification when the agency chief procurement officer determines this type of
				specification is in the best interest of the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 4 - SPECIFICATIONS › Section R2-7-404 - Conflict of Interest

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				person preparing or assisting in the preparation of specifications, plans or
				scopes of work shall receive any direct benefit from the utilization of those
				specifications, plans or scopes of work.
B. The state procurement administrator may
				waive the restriction set forth in subsection (A) of this Section if the state
				procurement administrator determines in writing that the rule's application
				would not be in the state's best interest. The determination shall state the
				specific reasons that the restriction in subsection (A) of this Section has
				been waived.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-502 - Compliance with the Department

Current through Register Vol. 30, No. 28, July 12, 2024
A purchasing agency shall comply with the procurement and
				  contract administration requirements of the Department as required by A.R.S. §
									41-790 et
				  seq.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-503 - Procurement of Construction Using Alternate Project Delivery Method

Current through Register Vol. 30, No. 28, July 12, 2024
The agency chief procurement officer may use an alternate
				  project delivery method if it is in the best interest of the state pursuant to
				  A.R.S. §§
									41-2578
				  and
				  41-2579,
				  based on the following factors:
1.
				Cost and cost control method,
2.
				Value engineering,
3. Market
				conditions,
4. Schedule,
5. Required specialized expertise,
6. Technical complexity of the project,
				or
7. Project management.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-504 - Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. The agency chief
				procurement officer shall provide a copy of a solicitation for specified
				professional services or construction services to any person who requests a
				copy of the solicitation.
B. For
				procurements not estimated to exceed the amount prescribed in A.R.S. §
									41-2535,
				the agency chief procurement officer shall provide notice of the procurement in
				accordance with Part D of Article 3 of this Chapter, unless otherwise
				authorized pursuant to A.R.S. §§
									41-2536
				or
				41-2537.
C. For procurements estimated to exceed the
				amount prescribed in A.R.S. §
									41-2535:
1. The agency chief procurement officer shall
				make the solicitation available to prospective offerors registered at the State
				Procurement Office for the specific material, service, or construction being
				solicited; and
2. The agency chief
				procurement officer shall advertise at least once in a general circulation or
				industry trade publication. If practicable, the date of the advertisement shall
				be at least 14 days before the offer due date.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-505 - Selection Committee

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				agency chief procurement officer shall appoint a selection committee when
				required under A.R.S. §§
									41-2578,
				41-2579,
				or 412581.
B. For the procurement
				of specified professional services not estimated to exceed the amount
				prescribed in A.R.S. §
									41-2581,
				the selection committee shall meet the requirements of A.R.S. §
									41-2578(C)(1)
				 and shall consist of three to five members
				who are appropriately qualified including the agency chief procurement officer
				as chair.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-506 - Bid Security

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				agency chief procurement officer shall include the bid security requirements of
				A.R.S. §
									41-2573
				in the solicitation.
B. If an
				offeror fails to submit the bid security required by A.R.S. §
									41-2573
				with the offer, the agency chief procurement officer shall reject the
				offer.
C. The offeror shall submit
				bid security in one of the following forms:
1. An annual or one-time surety bond executed
				solely by a surety company authorized to transact surety business in this
				state, issued by the Director of the Department of Insurance under A.R.S. Title
				20, Chapter 2, Article 1, and in a format prescribed by A.R.S. §
										41-2573
				and this Section; or
2. A certified
				or cashier check.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-507 - Offer Mistakes Discovered After Offer Opening and Before Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an apparent
				mistake, relevant to the award determination is discovered after offer opening
				and before award, the agency chief procurement officer shall contact the
				offeror for written confirmation of the offer. The agency chief procurement
				officer shall designate a time-frame within which the offeror shall either:
1. Confirm that no mistake was made and
				assert that the offer stands as submitted; or
2. Acknowledge that a mistake was made, and
				include all of the following in a written response:
a. Explanation of the mistake and any other
				relevant information;
b. A request
				for correction including the corrected offer or a request for withdrawal;
				and
c. The reasons why correction
				or withdrawal is consistent with fair competition and in the best interest of
				the 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 R2-7-508 - Performance and Payment Bonds

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The agency chief procurement officer shall ensure that performance and payment
				bonds are executed solely by a surety company or companies holding a
				certificate of authority to transact surety business in this state issued by
				the Department of Insurance under A.R.S. Title 20, Chapter 2, Article 1 and in
				a format prescribed by A.R.S. §
									41-2574.
B. The contractor shall submit to the state
				the performance bond and the payment bond upon request of the agency chief
				procurement officer. If a contractor fails to deliver the required performance
				bond or payment bond by the designated date, the contractor's offer shall be
				rejected, its bid security shall be enforced, and award of the contract shall
				be made as prescribed in this Chapter.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 7 - Department of Administration State Procurement Office › Article 5 - PROCUREMENT OF CONSTRUCTION AND SPECIFIC PROFESSIONAL SERVICES › Section R2-7-509 - Conditions for Use of Substitute Security in Lieu of Retention

Current through Register Vol. 30, No. 28, July 12, 2024
A contractor may submit substitute security to replace
				  contract payment retention if:
1. The
				contractor requests the use of substitute security before the first progress
				payment;
2. The contractor submits
				an invoice with each progress payment in an amount of no less than 10% of the
				progress payment, or the contractor submits an invoice once at the beginning of
				the project in an amount no less than 5% of the total contract
				amount;
3. The interest earned on
				the security shall accrue to the benefit of the contractor but shall be
				retained by the contractor until the agency chief procurement officer has
				approved completion and acceptance of all work to be performed under the
				contract; and
4. The contractor
				ensures that the date of maturity of the security is after the estimated
				contract completion date, but no later than one year after the estimated
				contract completion date.