Title 41 — State Government

A. Ten per cent of all construction contract payments shall be retained by this state as insurance of proper performance of the contract or, at the option of the contractor, a substitute security may be provided by the contractor in an authorized form pursuant to rules adopted by…

A. Progress payments may be made by this state to the contractor on the basis of a duly certified and approved estimate of the work performed during a preceding period of time as set by rule, except that a percentage of all estimates shall be retained as provided in section 41-25…

A. Except as authorized by sections 41-2535, 41-2536, 41-2537 and 41-2581, a single contract for architect services, assayer services, construction-manager-at-risk construction services, design-build construction services, engineer services, job-order-contracting construction ser…

A. Except as authorized in this section and in sections 41-2535, 41-2536, 41-2537 and 41-2581, a purchasing agency shall not procure in a single procurement multiple contracts for construction services or professional services. In a procurement under this section, there is a sing…

A. The requirements prescribed in this section apply to each contract entered into as the result of a procurement of construction services or professional services under section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581 and to the professional services and constructi…

A. A purchasing agency may procure under this section a single contract or multiple contracts for professional services if the contract is for professional services by an architect or architect firm and the contract amount is two hundred fifty thousand dollars or less or if the c…

A. A purchasing agency may procure design services, construction and construction services, as applicable, under any of the following project delivery methods: 1. Design-bid-build. 2. Construction-manager-at-risk. 3. Design-build. 4. Job-order-contracting. B. For the design-bid-b…

A provision, covenant, clause or understanding in, collateral to or affecting a construction contract or design professional service contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proc…

A. The director may permit or require the inclusion of clauses providing for appropriate remedies, adjustments in prices, time of performance or other contract provisions. B. The director may modify clauses for inclusion in any particular state contract, provided that any variati…

A. A covenant, clause or understanding in, collateral to or affecting a construction contract or subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or th…

The director shall adopt rules setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs.

In this article, unless the context otherwise requires: 1. "Excess materials" means any materials which have a remaining useful life but which are no longer required by the using agency in possession of the materials. 2. "Nonexpendable materials" means all tangible materials whic…

The director shall adopt rules governing: 1. The management of materials during their entire life cycle. 2. The acquisition and distribution of federal surplus materials. 3. The sale, lease or disposal of surplus materials by public auction, competitive sealed bidding or other ap…

The department may acquire surplus materials from the United States government and may distribute surplus materials as may be usable and necessary for public purposes to a state governmental unit or a political subdivision.

Notwithstanding any law to the contrary, the governing board, or in case there is none, the executive head of any state governmental unit, political subdivision or nonprofit institution determined to be eligible to receive surplus materials, may confer on any officer or employee …

The department shall make proper charges and assess proper fees for the acquisition, receipt, warehousing, rehabilitation, delivery, distribution or transfer of excess and surplus materials. Such fees and charges shall be fair and equitable and shall be based on services performe…

A. The state surplus materials revolving fund is established. All monies coming into the department derived from state surplus materials fees and charges shall be placed in the state surplus materials revolving fund. All uncommitted monies in the state surplus materials revolving…

Unless otherwise provided by law, the director shall adopt rules for the allocation of proceeds from the sale, transfer, lease or disposal of excess and surplus materials.

A. The director may adopt rules of procedure providing for the expeditious administrative review of all contract claims or controversies both before the purchasing agency and through an appeal heard before the director in accordance with chapter 6, article 10 of this title. B. Fo…

The rules adopted by the director pursuant to section 41-2611 shall address at least the following subjects: 1. Protested solicitations and awards. 2. Vendor performance and evaluation of past performance. 3. Suspension or debarment of contractors. 4. Breach of contract controver…

A. The director shall adopt rules providing for the suspension and debarment of any person from consideration for award of contracts pursuant to this chapter. If there are reasonable grounds for debarment the rules of the director may provide for the suspension of any person for …

Except as provided in section 41-1092.08, subsection H, any final decision of the director under this chapter is subject to judicial review pursuant to title 12, chapter 7, article 6 by any party to the proceeding before the director, and the complaint seeking review shall be fil…

Notwithstanding any law to the contrary, including title 12, chapter 7, article 2 and title 12, chapter 21, this article and the rules adopted under this article shall provide the exclusive procedure for asserting a claim against this state or any agency of this state arising in …

A. A person who contracts for or purchases any material, services, construction or construction services in a manner contrary to the requirements of this chapter, the rules adopted pursuant to this chapter, the rules adopted by the state board of education pursuant to section 15-…

A contract for the procurement of construction shall include a provision which provides for negotiations between the state governmental unit and the contractor for the recovery of damages related to expenses incurred by the contractor for a delay for which the state governmental …

In this article, unless the context otherwise requires: 1. "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit. 2. "External procurement activity" means any buying organization not located in this state that would qualif…

A. Any public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement to procure any materials, services, professional services, construction or construction services with one or more public procurement units or external procu…

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.

If the public procurement unit administering a cooperative purchase complies with the requirements of this chapter, any public procurement unit participating in such a purchase is deemed to have complied with this chapter. Public procurement units may not enter into a cooperative…

A. Under a cooperative purchasing agreement in which this state is a party, controversies arising between an administering public procurement unit and its bidders, offerors or contractors shall be resolved in accordance with article 9 of this chapter. B. Any local public procurem…

A. The director shall appoint a state set-aside committee to determine those materials and services that are provided, manufactured, produced and offered for sale by certified nonprofit agencies that serve individuals with disabilities and Arizona correctional industries and that…

If a procurement involves the expenditure of federal assistance or contract monies, the director shall comply with federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this chapter.

A. For purposes of this article, the definitions found in section 49-831 apply to this article. B. The department shall require that all state governmental units, including universities, establish a program for the recycling of all wastepaper generated by those units including, a…

In this article, unless the context otherwise requires: 1. "Information services" means data processing, telecommunications and office systems technologies and services. 2. "Internet" means the international computer network of both federal and nonfederal interoperable packet swi…

A. If a procurement officer determines that electronic, on-line bidding is more advantageous than other procurement methods provided in this chapter, a procurement officer may use on-line bidding to obtain bids electronically for the purchase of goods, services, construction and …

A. The state electronic commerce fund is established consisting of monies appropriated by the legislature and any gifts, grants or devises for the benefit of the fund. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from t…