reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VIII - EMERGENCY PROCUREMENTS › Section R7-2-1055 - Emergency Procurement Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. An emergency condition creates an
				  immediate and serious need for materials, services, or construction that cannot
				  be met through normal procurement methods and seriously threatens the
				  functioning of the school district, the preservation or protection of property
				  or the public health, welfare or safety. Some examples of emergency conditions
				  are floods, epidemics, or other natural disasters, riots, fire or equipment
				  failures.
B. An emergency
				  procurement shall be limited to the materials, services, or construction
				  necessary to satisfy the emergency need.
C. The governing board shall designate a
				  board member or members or school district official or officials authorized to
				  make emergency procurements, and may prescribe limiting factors including
				  maximum spending limits with regard to emergency procurements.
D. The designated board member or district
				  official shall:
1. Select the contractor to
				  perform the emergency work with as much competition as practicable under the
				  circumstances;
2. Obtain a price
				  that is fair and reasonable under the circumstances;
3. Prepare a written statement documenting
				  the basis for the emergency, the basis for the selection of the particular
				  contractor, and why the price paid was fair and reasonable. The statement shall
				  be signed by the designated governing board member or district official
				  authorized to initiate emergency procurements; and
4. Convene a meeting of the governing board
				  to approve the emergency procurement, unless the nature of the emergency
				  requires that the procurement be made prior to governing board
				  approval.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part VIII - EMERGENCY PROCUREMENTS › Section R7-2-1056 - Emergency Procurement Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the nature of the emergency does not
				  permit convening a meeting of the governing board to approve the emergency
				  procurement, the designated board member or district official who makes an
				  emergency procurement shall, at the first scheduled governing board meeting
				  following the procurement, provide to the governing board a report concerning
				  the emergency procurement including the following information:
1. The written statement documenting the
				  basis for the emergency, the basis for the selection of the particular
				  contractor, and why the price paid was fair and reasonable; and
2. Why it was impracticable to convene a
				  meeting of the governing board.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part IX - REQUEST FOR INFORMATION › Section R7-2-1058 - Request for Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district may issue a request for information to obtain data about
				  services or materials available to meet a specific need. Notice of the request
				  for information shall be issued in accordance with
				  R7-2-1024(A)
				  and
				  R7-2-1024(C).
B. Responses to a request for information are
				  not offers and cannot be accepted to form a binding contract.
C. Information contained in a response to a
				  request for information may be withheld from public inspection until the
				  subsequent procurement is awarded or terminated, two years from the date of the
				  vendor's response, or upon commencement of a new procurement, whichever occurs
				  first.
D. There is no required
				  format to be used for requests for information.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1061 - Competitive Selection Procedures for Clergy, Certified Public Accountants, Physicians, Dentists and Legal Counsel

Current through Register Vol. 30, No. 28, July 12, 2024
A. The services of clergy, certified public
				  accountants, physicians, dentists, or legal counsel shall be procured in
				  accordance with
				  R7-2-1061
				  through
				  R7-2-1068, except
				  as authorized pursuant to
				  R7-2-1002,
				  R7-2-1053,
				  or
				  R7-2-1055.
B. Pursuant to A.R.S. §
										15-914,
				  contracts for financial and compliance audits and completed audits shall be
				  approved by the Auditor General as provided in A.R.S. §
										41-1279.21.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1062 - Statement of Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				  the services specified in
				  R7-2-1061(A)
				  are needed, persons may submit and the school district may solicit persons
				  engaged in providing the services to submit statements of qualifications on a
				  prescribed form that shall include the following information:
1. Technical education and
				  training;
2. General or special
				  experience, certifications, licenses, and memberships in professional
				  associations, societies, or boards;
3. An expression of interest in providing a
				  particular service; and
4. Any
				  other pertinent information requested by the school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1063 - Request for Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Adequate notice of the need for services specified in
				  R7-2-1061(A)
				  shall be given by the school district through a request for proposals. The
				  request for proposals shall be in accordance with
				  R7-2-1042.
B. In addition to providing notice of the
				  request for proposals pursuant to
				  R7-2-1022
				  and
				  R7-2-1024(C),
				  the school district shall provide notice to all persons who submitted
				  statements of qualifications for the particular services solicited.
C. If required to evaluate proposals, the
				  request for proposals shall require all offerors who have not already done so
				  to submit a statement of qualifications pursuant to
				  R7-2-1062.
D. Pre-proposal conferences may be convened
				  in accordance with
				  R7-2-1025.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1064 - Receipt of Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
Proposals shall be received and opened in accordance with
					 R7-2-1045.
					 Late proposals, modifications, or withdrawals shall be considered in accordance
					 with
					 R7-2-1044.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1065 - Evaluation of Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
Proposals shall be evaluated in accordance with
					 R7-2-1046.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1066 - Discussions with Individual Offerors

Current through Register Vol. 30, No. 28, July 12, 2024
A. As part of its initial evaluation, the
				  school district may contact an offeror to confirm the school district's
				  understanding of the proposal. Such contact shall be prior to the determination
				  that a proposal is acceptable for further consideration. The school district
				  shall obtain written confirmation from the offeror and shall retain the
				  confirmation in the procurement file.
B. The school district may conduct
				  discussions with any offeror in accordance with
				  R7-2-1047.
				  If such discussions are conducted, the school shall issue a request for best
				  and final offers pursuant to
				  R7-2-1048.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part X - SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL › Section R7-2-1067 - Mistakes in Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
Mistakes in proposals shall be addressed pursuant to
					 R7-2-1049.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XI - GUARANTEED ENERGY CONTRACTS › Section R7-2-1069 - Guaranteed Energy Cost Savings Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. A school district may procure a guaranteed
				  energy cost savings contract with a qualified provider through competitive
				  sealed proposals in accordance with
				  R7-2-1041
				  through
				  R7-2-1050.
1. The request for proposal evaluation
				  factors required by
				  R7-2-1042(A)(1)(h)
				  shall include objective criteria for selecting the qualified provider,
				  including the cost of the contract, the energy cost savings, the net projected
				  energy savings, the quality of the technical approach, the quality of the
				  project management plan, the financial solvency of the qualified provider and
				  the experience of the qualified provider with projects of similar size and
				  scope.
2. Notwithstanding
				  R7-2-1042(A)(1)(h),
				  the request for proposals shall set forth the respective numerical weighting
				  for each evaluation criterion.
3.
				  At the qualified provider's expense, the proposal shall include an independent
				  third-party validation of cost savings calculations associated with each
				  proposed energy cost savings measure by a licensed, registered professional
				  engineer, with credentials from the national association of energy engineers,
				  who has demonstrated experience in energy analysis. The school district shall
				  approve the selection of the independent third party.
4. A school district may enter into a
				  guaranteed energy cost savings contract with a qualified provider if the school
				  district determines that the energy savings project will pay for itself within
				  the expected life of the energy cost savings measures implemented (according to
				  the manufacturer's equipment standards), the term of the financial agreement or
				  25 years, whichever is shortest, if the recommendations in the proposal are
				  followed. Notwithstanding this subsection, a school district may elect to use a
				  shorter capital cost repayment schedule than required pursuant to this
				  subsection. The school district shall retain the cost savings achieved by a
				  guaranteed energy cost savings contract, and these cost savings may be used to
				  pay for the contract and project implementation.
5. A qualified provider is a person that is
				  experienced in designing, implementing or installing energy cost savings
				  measures, that has a record of established projects or measures of similar size
				  and scope, that has demonstrated technical, operational, financial and
				  managerial capabilities to design and operate cost savings measures and
				  projects and that has the financial ability to satisfy guarantees for energy
				  cost savings.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XI - GUARANTEED ENERGY CONTRACTS › Section R7-2-1070 - Guaranteed Energy Production Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. A school district may procure a guaranteed
				  energy production contract with a qualified provider through competitive sealed
				  proposals in accordance with
				  R7-2-1041
				  through
				  R7-2-1050.
1. The request for proposals evaluation
				  factors required by
				  R7-2-1042(A)(1)(h)
				  shall include objective criteria for selecting the qualified provider,
				  including the guaranteed energy price, the guaranteed energy production, the
				  quality of the technical approach, the quality of the project management plan,
				  the financial solvency of the qualified provider and the experience of the
				  qualified provider with projects of similar size and scope.
2. Notwithstanding
				  R7-2-1042(A)(1)(h),
				  the request for proposals shall set forth the respective numerical weighting
				  for each evaluation criterion.
3.
				  The school district may obtain any required financing as part of the original
				  competitive sealed proposal process from the qualified provider, or from a
				  third-party financing institution procured separately in accordance with
				  Articles 10 and 11.
4. When
				  submitting a proposal for the installation of equipment, the qualified provider
				  shall include information containing the guaranteed energy production
				  associated with each proposed energy production measure. The school district
				  shall review and approve this guarantee before the actual installation of any
				  equipment. The qualified provider shall transmit a copy of the approved
				  guarantee to the division of school facilities within the department of
				  administration and the governor's office.
5. A qualified provider is a person that is
				  experienced in designing, implementing or installing energy cost savings
				  measures, that has demonstrated technical, operational, financial and
				  managerial capabilities to design and operate cost savings measures and
				  projects and that has the financial ability to satisfy guarantees for
				  guaranteed energy production, financial solvency and experience for projects of
				  similar size and scope.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1072 - Cancellation of Solicitations; Rejection of Bids and Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
Each solicitation issued by the school district shall state
					 that the solicitation may be canceled or bids or proposals rejected if it is
					 advantageous to the school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1073 - Cancellation of Solicitation Before the Due Date and Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before the due date and time, a
				  solicitation may be canceled in whole or in part if the school district
				  determines that cancellation is advantageous to the school district. The
				  reasons for the cancellation shall be made part of the procurement
				  file.
B. The school district shall
				  notify in writing all persons to whom the original notice or solicitation was
				  distributed by the school district. Notice shall be in the same manner as the
				  original notice or solicitation, including posting on a designated site on the
				  Internet, as applicable.
C. The
				  school district shall not open bids or proposals after cancellation. The school
				  district may discard the bid or proposal 30 days after notice is given in
				  accordance with subsection (B), unless the bidder or offeror requests the bid
				  or proposal be returned.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1074 - Cancellation of Solicitation After Bid or Proposal Opening and Before Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. After opening of
				  bids or proposals but before award, a solicitation may be canceled in whole or
				  in part if the school district determines that cancellation is advantageous to
				  the school district. The reasons for the cancellation shall be made part of the
				  procurement file.
B. The school
				  district shall notify bidders or offerors of the cancellation in
				  writing.
C. The school district
				  shall retain bids or proposals received under the canceled solicitation in the
				  procurement file. If the school district intends to issue another solicitation
				  within six months after cancellation of the procurement, the school district
				  shall withhold the bids or proposals from public inspection. After award of a
				  contract under the subsequent solicitation, the school district shall make bids
				  or proposals submitted in response to the canceled solicitation available for
				  public inspection except for information determined to be confidential pursuant
				  to
				  R7-2-1006.
D. In the event of cancellation, the school
				  district shall promptly return any bid security provided by a bidder or
				  offeror.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1075 - Rejection of Individual Bids and Proposals

Current through Register Vol. 30, No. 28, July 12, 2024
A.A bid or
				  proposal may be rejected in whole or in part if:
1. The person responding to the solicitation
				  is determined to be nonresponsible pursuant to
				  R7-2-1076;
2. It is nonresponsive or
				  unacceptable;
3. The proposed price
				  is unreasonable; or
4. It is
				  otherwise not advantageous to the school district.
B.Bidders or offerors whose bids or proposals are
				  rejected shall be notified. A record of the rejection shall be retained in the
				  procurement file.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1076 - Responsibility of Bidders and Offerors

Current through Register Vol. 30, No. 28, July 12, 2024
A. The school district shall make a written
				  determination that a bidder or offeror is responsible before awarding a
				  contract to that bidder or offeror.
B. If the school district determines a bidder
				  or offeror is nonresponsible, the school district shall promptly send a
				  determination to the bidder or offeror stating the basis for the determination.
				  The school district shall file a copy of the determination in the procurement
				  file.
C. A finding of
				  nonresponsibility shall not be construed as a violation of the rights of any
				  person.
D. If the school district
				  included specific responsibility criteria in the solicitation, such criteria
				  shall be considered in determining if a bidder or offeror is responsible.
E.Factors to be considered in determining if a bidder
				  or offeror is responsible may include:
1. The
				  bidder or offeror's financial, material, personnel or other resources,
				  including subcontracts;
2. The
				  bidder or offeror's record of performance and integrity;
3. Whether the bidder or offeror has been
				  debarred or suspended; and
4. Whether the bidder or
				  offeror is qualified legally to contract with the school district.
F. The unreasonable failure of a bidder or
				  offeror to promptly supply information in connection with an inquiry with
				  respect to responsibility shall be grounds for a determination of
				  nonresponsibility with respect to the bidder or offeror.
G.As required by A.R.S. §
										41-2540(B),
				  information furnished by a bidder or offeror pursuant to this Section shall not
				  be disclosed outside of the school district without prior written consent by
				  the bidder or offeror except to law enforcement agencies.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1077 - Prequalification of Contractors for Materials, Services and Construction

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prospective
				  contractors may be prequalified for particular types of materials, services and
				  construction. Prospective contractors have a continuing duty to provide the
				  school district with information on any material change affecting the basis of
				  prequalification. Solicitation mailing lists of prospective contractors shall
				  include the prequalified contractors.
B. A prospective contractor need not be
				  prequalified to be awarded a contract. Prequalification does not represent a
				  determination of responsibility.
C.
				  The existence of a qualified product list pursuant to
				  R7-2-1011(D)
				  does not constitute prequalification of any prospective supplier of that
				  product.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1078 - Bid and Contract Security

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Bid and performance bonds or other security may be required for material or
				  service contracts to guarantee faithful bid and contract performance if the
				  governing board determines that such requirement is advantageous to the school
				  district. In determining the amount and type of security required for each
				  contract, the governing board shall consider the nature of the performance and
				  the need for future protection to the school district. The requirement for
				  bonds or other security shall be included in the solicitation.
B. Bid or performance bonds shall not be used
				  as a substitute for a determination of bidder or offeror
				  responsibility.
C. If a bid or
				  proposal is withdrawn at any time before bid or proposal opening, any bid
				  security shall be returned to the bidder or offeror.
D. After the contract is awarded, any bid
				  security shall be returned to the unsuccessful bidders or offerors. Upon
				  execution of the contract, if performance bonds or other security were not
				  required, or upon receipt of the specified bonds, if performance bonds or other
				  security were required, the school district shall return any bid security
				  provided by the successful bidder or offeror.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1079 - Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  submission of current cost or pricing data may be required in connection with
				  an award in situations in which analysis of the proposed price is essential to
				  determine that the price is fair and reasonable. A contractor shall, except as
				  provided in subsection (C), submit current cost or pricing data and shall
				  certify that, to the best of the contractor's knowledge and belief, the cost or
				  pricing data submitted is accurate, complete and current as of a mutually
				  determined specified date before the date of either:
1. The pricing of any contract awarded by
				  competitive sealed proposals or pursuant to the sole source procurement
				  authority, if the total contract price is expected to exceed
				  $100,000.
2. The pricing of any
				  change order or contract modification which is expected to increase the total
				  contract price which will then exceed $100,000.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1080 - Refusal to Submit Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the offeror fails to submit cost or
				  pricing data in the required form, the school district may reject the
				  proposal.
B. If a contractor fails
				  to submit data to support a price adjustment in the form required, the school
				  district may:
1. Reject the price adjustment;
				  or
2. Set the amount of the price
				  adjustment subject to the contractor's rights under
				  R7-2-1141
				  through
				  R7-2-1185.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1081 - Defective Cost or Pricing Data

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  The school district may reduce the contract price if, upon determination, the
				  cost or pricing data are defective.
B. The contract price shall be reduced in the
				  amount of the defect plus related overhead and profit or fee if the school
				  district relied upon the defective data in awarding the contract.
C. Any dispute as to the existence of
				  defective cost or pricing data or the amount of an adjustment due to defective
				  cost or pricing data may be appealed as a contract controversy under
				  R7-2-1141
				  through
				  R7-2-1185.
				  Pending appeal, the adjusted contract price shall remain in effect.
D. If certification of either current cost or
				  pricing data is required, the awarded contract shall include notice of the
				  right of the school district to a reduction in price if certified cost or
				  pricing data are subsequently determined to be defective.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1082 - Right to Inspect Plant

Current through Register Vol. 30, No. 28, July 12, 2024
The school district may at reasonable times inspect the
					 part of the plant or place of business of a contractor or any subcontractor
					 which is related to the performance of any contract awarded or to be awarded by
					 the school district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1083 - Right to Audit Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district may, at reasonable times and places, audit the books and
				  records of any person who submits cost or pricing data as provided in
				  R7-2-1079 to
				  the extent that the books and records relate to the cost or pricing data. Any
				  person who receives a contract, change order or contract modification for which
				  cost or pricing data is required shall maintain the books and records that
				  relate to the cost or pricing data for five years after completion of the
				  contract.
B. The school district is
				  entitled to audit the books and records of a contractor or any subcontractor
				  under any contract or subcontract to the extent that the books and records
				  relate to the performance of the contract or subcontract. The books and records
				  shall be maintained by the contractor for a period of five years after
				  completion of the contract and by the subcontractor for a period of five years
				  after completion of the subcontract.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1084 - Anticompetitive Practices

Current through Register Vol. 30, No. 28, July 12, 2024
A. If for
				  any reason collusion or other anticompetitive practices are suspected among any
				  bidders or offerors, a notice or the relevant facts shall be transmitted to the
				  governing board and the attorney general. This Section does not require a law
				  enforcement agency conducting an investigation into such practices to convey
				  such notice to the school district.
B. Upon submitting a bid or proposal, the
				  bidder or offeror shall certify on a form prescribed by the school district
				  that the submission of the bid or proposal did not involve collusion or other
				  anticompetitive practices.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1085 - Retention of Procurement Records

Current through Register Vol. 30, No. 28, July 12, 2024
All procurement records shall be retained and disposed of
					 in accordance with records retention guidelines and schedules approved by the
					 Arizona State Library, Archives and Public Records.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XII - GENERAL CONTRACT REQUIREMENTS › Section R7-2-1086 - Record of Procurement Actions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  The school district shall maintain a record listing all contracts made under
				  R7-2-1053,
				  Sole source procurements, or
				  R7-2-1055,
				  Emergency procurements, for a minimum of five years. The record shall contain:
1. Each contractor's name.
2. The amount and type of each
				  contract.
3. A listing of the
				  materials, services or construction procured under each contract.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XIII - CONTRACT TYPES › Section R7-2-1092 - Authority to Use Contract Types

Current through Register Vol. 30, No. 28, July 12, 2024
Subject to the limitations of this Section, any type of
					 contract that would be advantageous to the school district may be used, except
					 that the use of a cost-plus-a-percentage-of-cost contract is
					 prohibited.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 10 - SCHOOL DISTRICT PROCUREMENT › Part XIII - CONTRACT TYPES › Section R7-2-1093 - Multiterm Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless
				  otherwise provided by law, multiterm contracts for materials or services and
				  contracts for job-order-contracting construction services may be entered into
				  if the duration of the contract and the conditions of renewal or extension, if
				  any, are included in the invitation for bids or the request for proposals and
				  if monies are available for the first fiscal period at the time the contract is
				  executed. The duration of contracts for materials or services and contracts for
				  job-order-contracting construction services shall be limited to no more than
				  five years unless the governing board determines in writing before the
				  procurement solicitation is issued that a contract of longer duration would be
				  advantageous to the school district. Payment and performance obligations for
				  succeeding fiscal periods are subject to the availability and appropriation of
				  monies.
B. Before the use of a
				  multiterm contract, it shall be determined in writing by the governing board
				  that:
1. Estimated requirements cover the
				  period of the contract and are reasonable and continuing.
2. Such a contract will be advantageous to
				  the school district by encouraging effective competition or otherwise promoting
				  economies in school district procurement.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1100 - Construction Project Delivery Methods

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the design-bid-build project delivery
				  method, the school district shall procure:
1.
				  Design services pursuant to
				  R7-2-1117
				  through
				  R7-2-1123,
				  except as authorized by
				  R7-2-1053
				  and
				  R7-2-1055.
2. Construction by competitive sealed bidding
				  pursuant to
				  R7-2-1021
				  through
				  R7-2-1032
				  and
				  R7-2-1102 through
				  R7-2-1105,
				  except as authorized by
				  R7-2-1033,
				  R7-2-1053,
				  R7-2-1055,
				  and
				  R7-2-1101.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1101 - Qualified Select Bidders List

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  The school district may use the qualified select bidders list method to
				  determine the vendors who receive the notice of competitive sealed bidding for
				  a construction contract. The qualified select bidders list shall be determined
				  in accordance with this Section.
B.
				  Sealed prime contractor or construction materials supplier statements of
				  qualifications shall be solicited through requests for qualifications.
1. Notice of the request for qualifications
				  shall be given by the school district pursuant to
				  R7-2-1022
				  and
				  R7-2-1024(C).
2. Requests for qualifications shall be
				  issued at least 21 days before the due date and time for submission.
3. Use of the qualified select bidders list
				  shall be restricted to the specific project identified in the request for
				  qualifications.
4. The qualified
				  select bidders list shall consist of at least three prime contractors when a
				  contractor is solicited or three construction material suppliers when material
				  suppliers are solicited.
5. The
				  qualified select bidders list for any specific project is valid for one year
				  but may be extended for an additional year, at the option of the school
				  district.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1102 - Bid Security

Current through Register Vol. 30, No. 28, July 12, 2024
A. Bid
				  security shall be required for all competitive sealed bidding for construction
				  contracts, and for all competitive sealed proposals for design-build
				  construction services or job-order-contracting construction services procured
				  pursuant to
				  R7-2-1111,
				  if the price, excluding the cost of any finance services, maintenance services,
				  operations services, design services, preconstruction services, or other
				  related services included in the contract, is estimated by the school district
				  to exceed the amount established by
				  R7-2-1002(A).
B. Invitations for bid on school district
				  construction contracts and requests for proposals for design-build construction
				  services or job-order-contracting construction services, shall require
				  submission of bid security as follows:
1. For
				  design-bid-build construction services, ten percent of the contractor's
				  bid.
2. For design-build
				  construction services awarded by competitive sealed proposals pursuant to
				  R7-2-1111,
				  ten percent of the school district's construction budget for the project as
				  stated in the request for proposals, excluding finance services, maintenance
				  services, operations services, design services, preconstruction services or any
				  other related services included in the contract.
3. For job-order-contracting construction
				  services awarded by competitive sealed proposals pursuant to
				  R7-2-1111,
				  the amount prescribed by the school district in the request for proposals, but
				  not more than ten percent of the school district's reasonably estimated budget
				  for construction that the school district believes is likely to actually be
				  done during the first year under the contract, excluding any finance services,
				  maintenance services, operations services, design services, preconstruction
				  services or other related services included in the contract.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1103 - Contract Performance and Payment Bond

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following bonds or security is
				  required and is binding on the parties to the contract if the value of a
				  construction or construction services award exceeds the amount established by
				  R7-2-1002(A):
1. A performance bond that is executed and
				  furnished as required under Arizona Revised Statutes Title 34, Chapter 2,
				  Article 2 or Chapter 6, as applicable, in an amount equal to one hundred
				  percent of the price specified in the contract conditioned on the faithful
				  performance of the contract in accordance with the plans, specifications and
				  conditions of the contract, except that:
a.
				  For job-order-contracting construction services, the performance bond shall
				  cover the full amount of construction under the job-order-contracting
				  construction services contract, shall not include any design services,
				  pre-construction services, finance services, maintenance services, operations
				  services or other related services included in the contract, may be a single
				  bond for the full term of the contract, a separate bond for each year of a
				  multiyear contract or a separate bond for each job order, as determined by the
				  school district, and, if a single bond for the full term of the contract or a
				  separate bond for each year of a multiyear contract, shall initially be based
				  on the school district's reasonable estimate of the amount of construction that
				  the school district believes is likely to actually be done during the full term
				  of the contract or during the particular year of a multiyear contract, as
				  applicable.
b. For
				  construction-manager-at-risk construction services and design-build
				  construction services, the amount of the performance bond shall be the price of
				  construction and shall not include the cost of any design services,
				  preconstruction services, finance services, maintenance services, operations
				  services and other related services included in the contract. This bond is
				  solely for the protection of the school district. The conditions and provisions
				  of the performance bond regarding the surety's obligations shall follow the
				  form required under A.R.S. §
												34-222(G)
				   or A.R.S. §
												34-610(G),
				  as applicable.
c. For guaranteed
				  energy cost savings contracts and guaranteed energy production contracts, the
				  amount of the performance bond shall be one hundred percent of the project
				  amount to the school district for its faithful performance of the equipment
				  installment.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1104 - Contract Payment Retention and Substitute Security

Current through Register Vol. 30, No. 28, July 12, 2024
A. Ten percent of all construction contract
				  payments shall be retained by the school district as insurance of proper
				  performance of the contract or, at the option of the contractor, a substitute
				  security may be provided by the contractor pursuant to this Section. The
				  contractor is entitled to all interest from any such substitute security. When
				  the contract is fifty percent completed, one-half of the amount retained or
				  securities substituted pursuant to this Section shall be paid to the contractor
				  upon the contractor's request provided the contractor is making satisfactory
				  progress on the contract and there is no specific cause or claim requiring a
				  greater amount to be retained. After the contract is fifty percent completed,
				  no more than five percent of the amount of any subsequent progress payments
				  made under the contract shall be retained providing the contractor is making
				  satisfactory progress on the project, except if at any time the governing board
				  determines satisfactory progress is not being made, ten percent retention shall
				  be reinstated for all progress payments made under the contract subsequent to
				  the determination.
B.
				  Notwithstanding subsection (A), there shall be no retention for
				  job-order-contracting construction services contracts. The school district may
				  elect to have no retention for construction-manager-at-risk and design-build
				  construction services contracts. If the school district elects to have
				  retention, then payment retention for construction-manager-at-risk and
				  design-build contracts shall be in accordance with this Section.
C. Retention applies only to amounts payable
				  for construction and does not apply to amounts payable for design services,
				  preconstruction services, finance services, maintenance services, operations
				  services, or any other related services included in the contract.
D. The form of substitute security is limited
				  to the following:
1. An assignment of time
				  certificates of deposit by financial institutions licensed by this
				  state;
2. Share certificate 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;
c. Counties, municipalities and school
				  districts within this state.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1106 - Procurement of Construction Using Alternative Project Delivery Methods

Current through Register Vol. 30, No. 28, July 12, 2024
A. A school
				  district may use an alternative project delivery method if it determines in
				  writing that such alternative project delivery method is advantageous to the
				  school district. The following factors may be used for such determination:
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 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1107 - Selection Committee

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  school district shall initiate an appropriately qualified selection committee
				  for each request for qualifications. The school district shall ensure that
				  selection committee members are competent to serve on the selection
				  committee.
B. Each selection
				  committee shall include at least one school district representative appointed
				  by the school district.
C. The
				  selection committee shall not have more than seven members and shall include at
				  least one person who is a senior management employee of a licensed contractor
				  and one person who is an architect or an engineer who is registered pursuant to
				  A.R.S. §
										32-121.
D. Non-school district employees serving on a
				  selection committee shall not receive compensation from the school district for
				  performing this service, but the school district may elect to reimburse
				  non-school district members for travel, lodging and other expenses incurred in
				  connection with service on a selection committee.
E. A person who is a member of a selection
				  committee shall not be a contractor or subcontractor under a contract awarded
				  under the procurement or provide any specified professional services,
				  construction, construction services, materials or other services under the
				  contract.
F. For the procurement of
				  multiple contracts for job-order-contracting, the same selection committee
				  shall be used for all contracts in the procurement.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1108 - Request for Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Notice of the need for construction services shall be given by the school
				  district pursuant to
				  R7-2-1022
				  and
				  R7-2-1024(C).
				  Such notice shall be issued not less than 14 days in advance of when responses
				  shall be received. The notice shall:
1.
				  Contain a statement of the construction services required that adequately
				  describes the procurement and specifies how a request for qualifications
				  containing specific information on the procurement may be obtained;
2. Specify whether the procurement is for a
				  single contract or, for job-order-contracting construction services only, for
				  multiple contracts; and
3. If the
				  procurement is for multiple job-order-contracting construction services
				  contracts:
a. Specify that multiple contracts
				  may or will be awarded;
b. Specify
				  the number of contracts that may or will be awarded; and
c. Describe the construction services to be
				  performed under each contract.
Arizona Administrative Code › Title 7 - EDUCATION › Chapter 2 - STATE BOARD OF EDUCATION › Article 11 - SCHOOL DISTRICT PROCUREMENT › Part XIV - PROCUREMENT OF CONSTRUCTION › Section R7-2-1109 - Receipt and Opening of Statements of Qualifications, Technical Proposals and Price Proposals for Design-build and Job-order-contracting

Current through Register Vol. 30, No. 28, July 12, 2024
A. Statements of
				  qualifications, technical proposals and price proposals shall be received and
				  opened in accordance with
				  R7-2-1045.
				  Late statements of qualifications, proposals, modifications, or withdrawals
				  shall be considered in accordance with
				  R7-2-1044
				  and
				  R7-2-1049.
B. A school district may cancel a request for
				  qualifications or a request for proposals, reject in whole or in part any or
				  all statements of qualifications or proposals or determine not to enter into a
				  contract as specified in the solicitation if it is advantageous to the school
				  district. The school district shall make the reasons for cancellation,
				  rejection or determination not to enter into a contract part of the procurement
				  file.