Chapter 2. STATE BOARD OF EDUCATION

PART VIII. EMERGENCY PROCUREMENTS Section

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 …

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 t…

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 informati…

R7-2-1059. Reserved 133

PART X. SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL Section

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 fin…

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 educati…

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 t…

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. Historical Note Adopted effective December 17, 1987 (Supp. 87-4).

Proposals shall be evaluated in accordance with R7-2-1046. Historical Note Adopted effective December 17, 1987 (Supp. 87-4).

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 obt…

Mistakes in proposals shall be addressed pursuant to R7-2-1049. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Section repealed; new Section made by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2014 (Supp. 15-3); effective year corrected in Supp…

A. As provided in subsection (B), the school district shall award a contract or contracts to the responsible offeror or offerors 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 an…

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 ob…

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 obj…

R7-2-1071. Reserved 136

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. Historical Note Adopted effective December 17, 1987 (Supp. 87-4).

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 shal…

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. T…

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 advantageou…

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 determinat…

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…

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 o…

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 cu…

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…

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…

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. Historical Note Adopted effective December 17, …

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 …

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…

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. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Amended by final exempt ru…

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. The school district shall include in solicitations and contracts all contract clauses necessary to ensure the school district’s interests are addressed. The school district may modify clauses for inclusion in any particular school district contract, provided that any variation…

R7-2-1088. Reserved 140

R7-2-1089. Reserved 140

PART XIII. CONTRACT TYPES Section

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. Historical Note Adopted effective December 17, 1987 (Supp. 87-4). Sectio…

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 …

R7-2-1094. Reserved 141

R7-2-1095. Reserved 141

R7-2-1096. Reserved 141

R7-2-1097. Reserved 141

R7-2-1098. Reserved 141

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 …