Chapter 2. STATE BOARD OF EDUCATION

ARTICLE 11. SCHOOL DISTRICT PROCUREMENT (CONTINUED) The Part headings in Article 11 were assigned Part numbers (Supp. 21-2). PART XIV. PROCUREMENT OF CONSTRUCTION Section

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 R7-2-10…

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 prim…

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 …

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 Arizon…

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 i…

A. Progress payments may be made by the school district to the contractor on the basis of a duly certified and approved estimate of the work performed during the preceding month if the contractor agrees to adhere to the provisions of A.R.S. § 41-2577(B), (D), and (F). Payment sha…

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. Valu…

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…

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 construc…

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 sch…

A. If interviews are specified in the request for qualifications: 1. The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in …

A. As an alternative to R7-2-1110(D), the school district may award a single contract for design-build construction services or a single or multiple contracts for similar job-order-contracting construction services pursuant to this Section. B. The school district shall use the se…

A. Notwithstanding any other Section: 1. The contractor for design-build or job-order-contracting construction services is not required to be registered to perform design services pursuant to A.R.S. Title 32, Chapter 1 if the person actually performing the design services on beha…

A. Notwithstanding any contrary provision of Articles 10 and 11, a school district shall not enter into a contract to provide construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services. B. The prohibitions…

A. Bid security shall be provided pursuant to R7-2-1102. B. Contract performance and payment bonds shall be provided pursuant to R7-2-1103. C. Contract payment retention and substitute security shall be in accordance with R7-2-1104. D. Progress payments shall be in accordance wit…

A. At a minimum, the school district shall retain the following for each procurement under R7-2-1106 through R7-2-1114: 1. For each request for qualifications procurement process: a. If interviews were not held: i. The submittal of the person listed first on the final list and th…

Historical Note New Section made by exempt rulemaking at 13 A.A.R. 1266, effective February 26, 2007 (Supp. 07-1). Section repealed by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2014 (Supp. 15-3); effective year corrected in Supp. 18-2. PART XV. PROCUREMENT OF S…

A. Specified professional services, which is defined in R7-2-1001(120), as services of an architect, engineer, land surveyor, assayer, geologist and landscape architect, shall be procured as provided in R7-2-1117 through R7-2-1123, except as authorized in R7-2-1033, R7-2-1053, R7…

A. Notice of the need for specified professional 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. B. The notice shall: 1. Contain a statement of…

A school district may cancel a request for qualifications, reject in whole or in part any or all statements of qualifications 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 th…

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…

A. If interviews are specified in the request for qualifications: 1. The selection committee shall determine the persons to be interviewed by evaluating the statements of qualifications and performance data submitted based solely on the selection criteria and relative weights in …

A. A school district may procure a single contract or multiple contracts for specified professional services under this Section if the contract is for specified professional services by an architect or architect firm and the contract amount is $250,000 or less or if the contract …

A. At a minimum, the school district shall retain the following for each procurement under R7-2-1117 through R7-2-1121: 1. If interviews were not held: a. The submittal of the person listed first on the final list and the submittal of each person with whom the school district ent…

PART XVI. COST PRINCIPLES Section

The cost principles adopted by the director of the Department of Administration pursuant to A.R.S. § 41-2591 shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs. H…

PART XVII. MATERIALS MANAGEMENT Section

A. The school district shall ascertain or verify that materials, services, or construction items procured by the school district conform to specifications as set forth in the solicitation. B. The school district shall determine the fair market value of excess and surplus material…

A. The governing board may acquire surplus materials from the state and the United States government. B. The governing board may enter into an agreement with the State Surplus Property Manager for the purpose of acquiring surplus materials from the United States government pursua…

Notwithstanding any law to the contrary, the governing board may secure the transfer of surplus materials and obligate its monies to the extent necessary to comply with the laws and conditions of such transfers. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Am…

PART XVIII. BID PROTESTS Section

A. Informal resolution of bid protests. Nothing in Articles 10 and 11 are intended to eliminate the informal resolution of problems by school district personnel. B. Formal resolution of bid protests. The governing board pursuant to R7-2-1007 shall designate a district representat…

A. Any interested party may protest a solicitation issued by the school district, a determination that a proposal is unacceptable, or the proposed award or the award of a school district contract. Protests shall be filed with the district representative. B. Content of protest. Th…

A. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the solicitation, shall be filed before the due date and time for responses to the solicitation. B. In cases other than those covered in subsection (A), …

The district representative may stay all or part of the procurement or contract if it is determined that there is a reasonable probability the protest will be upheld or that a stay is advantageous to the school district. The district representative shall notify the successful con…

A. The district representative shall have the authority granted to the district representative by the governing board to settle and resolve a protest. B. The district representative shall issue a written decision within 14 days after a protest has been filed, or after additional …

A. If the district representative sustains the protest in whole or part and determines that a solicitation, a determination that a proposal is unacceptable, proposed contract award, or contract award does not comply with Articles 10 and 11, the school district shall implement an …

A. An appeal to a hearing officer from a decision entered or deemed to be entered by the district representative shall be filed with the district representative within 30 days from the date of decision. B. Content of appeal. The appeal shall contain: 1. The information set forth …