Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part I - IN GENERAL › Section R7-2-1003 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district shall not award a contract or incur an obligation on behalf of
				  the school district unless it is reasonable to believe sufficient funds will be
				  available for the procurement. If sufficient funds are not available when a
				  solicitation is issued, the solicitation shall include a statement that funds
				  are not currently available and that any contract awarded will be conditioned
				  upon the availability of funds.
B.
				  Projects and purchases shall not be divided or sequenced into separate projects
				  or purchases in order to avoid the limits prescribed in Articles 10 and
				  11.
C. Any bid or proposal that is conditioned upon award
				  to the bidder or offeror of both the particular contract being solicited and
				  another school district contract shall be deemed nonresponsive or
				  unacceptable.
D. Except by mutual consent of the parties to the
				  contract, rules in Articles 10 and 11 shall not change any commitment, right or
				  obligation of a school district or of a contractor under a contract in
				  existence on the effective date of the rule.
E. If a contractor requests to change the
				  name in which it holds a school district contract, the school district may,
				  upon receipt of a document indicating the name change, enter into a contract
				  modification with the contractor to effect the name change. The contract
				  modification shall provide that no other terms and conditions of the contract
				  are changed.
F. The school district
				  may allow electronic media transactions, including an electronic record or
				  electronic signature, if consistent with state law and advantageous to the
				  school district.
G. Rights and duties arising from a school district
				  contract may only be transferred, waived or assigned upon the express written
				  consent of both parties.
H. School district
				  employees and public officers shall not purchase construction, materials or
				  services for their own personal or business use from contracts entered into by
				  the school district.
I. A person
				  who supervises or participates in contracts, purchases, payments, claims or
				  other financial transactions, or who supervises or participates in the
				  planning, recommending, selecting or contracting for materials, services,
				  goods, construction, or construction services of a school district or school
				  purchasing cooperative is subject to the penalties prescribed in A.R.S. §
										15-213(N)
				   if the person solicits, accepts or agrees to
				  accept any personal gift or benefit from a person or vendor that has secured or
				  has taken steps to secure a contract, purchase, payment, claim or financial
				  transaction with a school district or school purchasing cooperative.
J. Any person or vendor that has secured or
				  has taken steps to secure a contract, purchase, payment, claim or financial
				  transaction with a school district or school purchasing cooperative that
				  offers, confers or agrees to confer any personal gift or benefit on a person
				  who supervises or participates in contracts, purchases, payments, claims or
				  other financial transactions, or on a person who supervises or participates in
				  planning, recommending, selecting or contracting for materials, services,
				  goods, construction or construction services of a school district or school
				  purchasing cooperative is subject to the penalties prescribed in A.R.S. §
										15-213(O).
K. A person who serves
				  on an evaluation committee for a procurement is subject to A.R.S. §
										41-2616(C).
L. A person who
				  contracts for or purchases materials, services, goods, construction or
				  construction services shall be subject to the penalties prescribed in A.R.S.
				  §
										15-213
				  and A.R.S. §
										41-2616
				  for violations of and attempts to avoid Articles 10 and 11.
M.
				  Pursuant to A.R.S. §
										15-213
				  and A.R.S. Title 41, Chapter 23, the Attorney General shall enforce the
				  provisions of Articles 10 and 11 and may take action prescribed
				  therein.