Title 41 — State Government

Unless otherwise authorized by law, all state contracts shall be awarded by competitive sealed bidding as provided in section 41-2533 or as provided in sections 41-2534 through 41-2538 and sections 41-2554, 41-2558, 41-2559, 41-2572, 41-2578, 41-2579, 41-2581 and 41-2636.

A. Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 41-2532. B. An invitation for bids shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement. C. Adequate publ…

A. A contract for materials or services may be entered into by competitive sealed proposals. This section does not apply to procurement of construction, construction services or specified professional services pursuant to section 41-2537, 41-2578, 41-2579 or 41-2581. Construction…

A. Any procurement that does not exceed the aggregate dollar amount of one hundred thousand dollars may be made in accordance with rules adopted by the director, except that the procurements shall be made with such competition as is practicable under the circumstances. B. Any pro…

A contract may be awarded for a material, service or construction item without competition if the director determines in writing that there is only one source for the required material, service or construction item. The director may require the submission of cost or pricing data …

Notwithstanding any other provision of this chapter, the director may make or authorize others to make emergency procurements if there exists a threat to public health, welfare or safety or if a situation exists which makes compliance with section 41-2533, 41-2534, 41-2578, 41-25…

A. The services specified in section 41-2513 shall be procured in accordance with this section, except as authorized under section 41-2535, 41-2536 or 41-2537. B. Persons engaged in providing the types of services specified in section 41-2513 may submit statements of qualificatio…

An invitation for bids, a request for proposals or other solicitation may be cancelled or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation if it is in the best interests of this state. The reasons for the cancellation or rej…

A. A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the director. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility shall…

Prospective contractors may be prequalified for particular types of materials, services and construction. Prospective contractors have a continuing duty to provide the director with information on any material change affecting the basis of prequalification. Solicitation mailing l…

The director may require, in accordance with rules adopted by the director, the submission of security to guarantee faithful bid and contract performance. In determining the amount and type of security required for each contract, the director shall consider the nature of the perf…

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 reasonable and fair. A contractor shall, except as provided in subsection C, submit curr…

Subject to the limitations of this section, any type of contract that will promote the best interests of this state may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited.

A. Unless otherwise provided by law, a contract for materials or services may be entered into for a period of time up to five years and a contract for job-order-contracting construction services may also be entered into for a period of time up to five years, as deemed to be in th…

The state 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 this state.

A. The state may, at reasonable times and places, audit the books and records of any person who submits cost or pricing data as provided in section 41-2543 to the extent that the books and records relate to the cost or pricing data. Any person who receives a contract, change orde…

If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the director and the attorney general. This section does not require a law enforcement agency conducting an investiga…

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.

A. The director shall maintain a record listing all contracts in excess of an amount to be determined by regulation made under section 41-2536 or 41-2537 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 change order exceeding an amount or percentage established by regulation may be executed only after the director determines in writing that the change order is advantageous to this state.

A. Notwithstanding the criteria for contract award prescribed in section 41-2533, a contract for earth moving, material handling, road maintenance and construction equipment shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respec…

The procurement officer may issue a request for information to obtain data about services or materials available to meet a specific need. Adequate public notice as specified in section 41-2533 shall be provided.

A. A demonstration project may be undertaken if the director determines in writing that the project is innovative and unique. This state shall not be obligated to pay the contractor, or to procure or lease the services or materials supplied by the contractor. However, on the writ…

A contract may be awarded based on an unsolicited proposal only if the director determines in writing that the conditions of either section 41-2536 or 41-2537 exist. The determination shall include all of the following: 1. The proposal is innovative and unique. 2. The proposal is…

Notwithstanding sections 41-2533 and 41-2534, the director or the director's designee may evaluate general services administration contracts for materials and services. The director or the director's designee may authorize a purchasing agency to make purchases under a contract ap…

A. The director may enter into public-private partnership contracts to finance the technology needs of the purchasing agency. The funding for services under a public-private partnership contract entered into pursuant to this section shall be contingent on and computed according t…

As used in this article, "specification" means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing or preparing a material, …

A. The director shall establish guidelines governing the preparation, maintenance and content of specifications for materials, services and construction required by this state. The director shall prepare, issue, revise, maintain and monitor the use of specifications for materials…

Specifications for services procured under section 41-2513 may be prepared by a purchasing agency in accordance with this article and rules adopted under this article.

The director may obtain advice and assistance from using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and use its own specifications.

All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying this state's needs and shall not be unduly restrictive.

All specifications, including those prepared by architects, engineers, consultants and others for public contracts, shall seek to promote overall economy for the purposes intended and encourage competition in satisfying this state's needs and shall not be unduly restrictive.

The director shall establish specifications based on national standards for considerations of energy conservation for the procurement of selected energy consumptive material.

To the extent practicable, specifications shall emphasize functional or performance criteria which do not discriminate against the use of recycled materials.

In this article, unless the context otherwise requires: 1. "Architect services", "engineer services", "land surveying services", "geologist services" and "landscape architect services" mean those professional services within the scope of the practice of those services as provided…

A. A building, structure, addition or alteration of a public facility may be constructed by employees or force account, if the cost does not exceed twenty thousand dollars. B. A building, structure, addition or alteration at a public institution may be constructed by inmates if s…

A. As a guarantee that the contractor will enter into a contract, bid security is required for all construction procured pursuant to section 41-2533 and all construction services procured pursuant to section 41-2578, subsection F or section 41-2579, subsection F if the purchasing…

A. The following bonds or security is required and is binding on the parties to the contract if the value of a construction award exceeds the amount established by section 41-2535: 1. A performance bond that is executed and furnished as required under title 34, chapter 2, article…

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…