Chapter 2. STATE BOARD OF EDUCATION

The district representative shall within three working days give notice of the filing of the appeal to the governing board and the successful contractor if award has been made. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Section amended by final exempt rulem…

If an appeal is filed and the procurement or contract was stayed by the district representative pursuant to R7-2-1144, the filing of an appeal shall automatically continue the stay unless the hearing officer makes a written determination that the award of the contract without del…

A. The district representative shall file a complete response to the appeal within 21 days from the date the appeal is filed or within five days after the hearing officer has been selected, whichever is later. At the same time, the district representative shall furnish a copy of …

A. The hearing officer shall dismiss, upon a written determination, an appeal before scheduling a hearing if: 1. The appeal does not state a valid basis for protest; 2. The appeal is untimely pursuant to R7-2-1147(A); or 3. The appeal attempts to raise issues not raised in the pr…

Hearings on appeals of bid protest decisions shall be conducted pursuant to R7-2-1181 and A.R.S. § 41-1092.07 as contested cases. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Section amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2014…

If the hearing officer sustains the appeal in whole or part and determines that a solicitation, a determination that a proposal is unacceptable, proposed award, or award does not comply with Articles 10 and 11, remedies shall be implemented pursuant to R7-2-1146. Historical Note …

PART XIX. CONTRACT CLAIMS AND CONTROVERSIES Section R7-2-1155. Resolution of Contract Claims and Controversies 162

A. The district representative shall have the authority granted to the district representative by the governing board to settle and resolve contract claims and controversies including claims relating to assignees of the contractor. B. The district representative shall receive pri…

A. If a controversy cannot be resolved by mutual agreement, the district representative shall issue a written decision within no more than 60 days from receipt of the contractor’s written request for a decision. Before issuing a written decision, the district representative shall…

A. On agreement of all interested parties, the time limit for decisions set forth in R7-2-1156(A) may be extended for good cause for a reasonable time not to exceed 14 days. The district representative shall notify the contractor in writing that the time for the issuance of a dec…

A. An appeal from a decision entered or deemed to be entered by the district representative on a contract claim or controversy shall be filed with the district representative within 30 days from the date of decision. B. The appeal shall contain the basis for the precise factual o…

Hearings on appeals of contract claim and controversy decisions shall be conducted pursuant to R7-2-1181 and A.R.S. § 41-1092.07 as contested cases. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Section amended by final exempt rulemaking at 21 A.A.R. 1525, eff…

PART XX. DEBARMENT AND SUSPENSION Section

A. Except as provided in A.R.S. § 41-1279.21(B), the governing board has the sole authority to debar or suspend a person from participating in school district procurements. B. The causes for debarment or suspension include the following: 1. Conviction of any person or any subsidi…

Upon receipt of information concerning a possible cause for debarment, the school district shall investigate the possible cause. If the school district has a reasonable basis to believe that a cause for debarment exists, the school district may propose debarment under R7-2-1164. …

A. The period of time for a debarment shall not exceed three years from the date of the debarment determination. B. If debarment is based solely upon debarment by another governmental agency including another school district, the period of debarment may run concurrently with the …

A. If the school district proposes debarment, the school district shall notify the person and affected affiliates in writing within seven days of the proposed debarment by any means evidencing receipt, which notice shall indicate that a hearing shall be scheduled, if requested, i…

A. If the school district proposes to debar an affiliate, the affiliate shall have a right to appear in any hearing on the proposed debarment to show mitigating circumstances. B. The affiliate shall in writing advise the school district within 10 days of receipt of the notice und…

A. Improper conduct may be imputed to an affiliate for purposes of debarment where the impropriety occurred in connection with the affiliate’s duties for or on behalf of, or with the knowledge, approval, or acquiescence of, the contractor. B. The improper conduct of a person or i…

A. The governing board may at any time reinstate a debarred person or rescind the debarment upon a determination that the cause upon which the debarment is based no longer exists or upon a determination that such reinstatement or rescission is advantageous to the school district.…

A. If adequate grounds for debarment exist, the governing board may suspend a person from participating in any procurement or receiving any award in accordance with the procedures in R7-2-1170. B. The governing board shall not suspend a person pending debarment unless compelling …

A. Unless otherwise agreed to by the parties, the period of suspension shall not exceed 35 days without satisfying the notice requirements of R7-2-1170. If the notice requirements are satisfied the period of suspension shall not exceed six months. B. For purpose of suspension, a …

A. The school district shall notify the person suspended by any means evidencing receipt. B. The notice of suspension shall state: 1. The basis for suspension; 2. The period, including dates, of the suspension; 3. That bids or proposals shall not be solicited or accepted from the…

The school district shall maintain a list of debarment, suspensions, and voluntary exclusions. It is recommended that the school district provide notice of any debarments, suspensions and voluntary exclusions to the state purchasing office. Historical Note Adopted effective Decem…

PART XXI. HEARING PROCEDURES Section

A. If a hearing is required or permitted under Articles 10 and 11, this Section shall apply. Hearing officers shall be selected pursuant to R7-2-1147(D) and (E) or R7-2-1158(E) and (F). B. The Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) shall apply where the…

A. Procedure; grounds. A decision of the hearing officer may be vacated and new hearing granted on motion of the aggrieved party for any of the following causes materially affecting the party’s rights: 1. Irregularity in the proceedings of the hearing officer or prevailing party,…

Any final decision made as a result of a hearing held pursuant to Articles 10 and 11 are subject to judicial review in accordance with A.R.S. Title 12, Chapter 7, Article 6. Historical Note New Section adopted by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Sup…

Articles 10 and 11 (R7-2-1001 et seq.) provide the exclusive procedure for asserting a cause against the school district and its governing board arising in relation to any procurement conducted under Articles 10 and 11. Historical Note Section amended by final exempt rulemaking a…

A. A “hearing officer” means a person assigned to preside at a hearing held pursuant to Articles 10 and 11 and whose duty it is to assure that proper procedures are followed and that the rights of the parties are protected. B. A hearing officer shall be: 1. Unbiased - not prejudi…

PART XXII. INTERGOVERNMENTAL PROCUREMENTS Section

A. A school district may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any materials, services, specified professional services, construction, or construction services with one or more eligible procurement units i…

Any contract entered pursuant to R7-2-1191 shall provide that: 1. Payment for materials and services and inspection and acceptance of materials or services ordered by an eligible procurement unit under a cooperative purchasing agreement shall be the exclusive obligation of such p…

All payments received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit to defray the cost of the cooperative program. Historical Note Adopted effective December 17, 1987 (Supp. 87-4).

A. If the eligible procurement unit administering a cooperative purchase complies with the requirements of Articles 10 and 11, any public procurement unit participating in such a purchase is deemed to have complied with Articles 10 and 11. Public procurement units may not enter i…

A. Under a cooperative purchasing agreement in which a school district is a party, controversies arising between an administering public procurement unit and its bidders, offerors or contractors shall be resolved in accordance with Articles 10 and 11. B. Any local public procurem…

A. The governing board may authorize purchases under a current General Services Administration contract for materials or services without complying with the requirements of Articles 10 and 11 if the governing board determines in writing before proceeding with a General Services A…