Title 41 — State Government

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…

In this chapter, unless the context otherwise requires: 1. "Grant" means the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person for the purpose of supporting or stimulating educational, cultural,…

A. State governmental units shall award any grant in accordance with the competitive grant solicitation requirements of this chapter. B. A state governmental unit shall prepare and issue a request for grant applications that includes at least the following information: 1. A descr…

A. Notwithstanding any other provision of this chapter, the director of the department of administration or the director's designee may waive the solicitation and award procedures if a situation exists that makes compliance with section 41-2702 impracticable, unnecessary or contr…

The head of the state governmental unit may resolve protests of the award or proposed award of a grant. An appeal from a decision of the head of a state governmental unit may be made to the director of the department of administration. A protest of an award or proposed award of a…

A. A person who violates this chapter is personally liable for the recovery of all public monies paid plus twenty per cent of the amount and legal interest from the date of payment and all costs and damages arising out of the violation. B. A person who intentionally or knowingly …

A. This chapter applies to the solicitation of grants initiated after August 6, 1999. B. This chapter does not apply to: 1. Any grant program that was exempt from chapter 23, article 3 of this title and for which administrative rules establishing grant solicitation procedures wer…

In this article, unless the context otherwise requires: 1. "Governing board" means the Arizona board of regents for the universities or any community college district governing board. 2. "Invited guests" means persons who enter onto a campus for an educational, research or public…

A. A state agency shall not engage in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or services to the public that are also offered by private enterprise unless specifically authorized by law ot…

A. Community colleges and universities under the jurisdiction of a governing board shall not, unless specifically authorized by statute: 1. Provide to persons other than students, faculty, staff and invited guests goods, services or facilities that are practically available from …

In this article, unless the context otherwise requires: 1. "Competitive government process" means the process, as developed by the governor's office of management and budget, designed to standardize the methodology for how the state identifies and evaluates state functions to det…

A. A statewide competitive government program shall be established within the governor's office of management and budget. The program shall emphasize this state's fiduciary responsibility to taxpayers by encouraging value in the provision and delivery of state services by identif…

In addition to the duties assigned by the governor, the office: 1. Shall develop, implement and manage a statewide competitive government program. 2. Shall identify, with the assistance of state agencies, functions in state government appropriate for submittal to the competitive …

In this chapter, unless the context otherwise requires: 1. "Committed youth" or "youth" means a person who has been committed according to law to the department of juvenile corrections for supervision, rehabilitation, treatment and education and who is either: (a) At least fourte…

A. A department of juvenile corrections is established. B. The department shall have as its purpose the supervision, rehabilitation, treatment and education of all committed youth.

A. The director of the department shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. B. The director, as minimum qualifications, shall have administrative experience in youth rehabilitative and treatment programs and edu…

A. The director shall: 1. Be responsible for the overall operations and policies of the department. 2. Maintain and administer all secure care facilities and programs within the department required and established for the custody, control, treatment, education and rehabilitation …

A. The director shall establish a religious services advisory committee to consist of nine members, no fewer than six of whom shall be representatives of the religious community. B. The director shall appoint the committee members, who shall serve at the director's pleasure. The …

A. The director may provide medical, dental and health services for committed youth. The director may contract for professional services to assist the director in carrying out the responsibility on behalf of this state if all of the records in connection with the services are mad…

A. The department may establish and maintain a committed youth canteen at any secure care facility. The committed youth canteens may offer for sale, at prices fixed by the director, toilet articles, candy, notions and other sundries for consumption on the premises. The department…

If a youth in a secure care facility requires health care services that the department, the facility or a provider contracted by the department cannot provide, the department shall pay approved claims from a facility or provider that provides these services as follows: 1. For inp…

The director may deposit any youth's monies in the director's possession in a separate account of the department of juvenile corrections fund established by section 41-2810 or, subject to the approval of the state treasurer, deposit such monies in interest bearing bank accounts. …

The department may accept and expend federal monies or private grants of monies, gifts and devises and may accept, manage or dispose of property to effectuate the purposes of this chapter. These monies and other monies received pursuant to this article except as otherwise provide…

The department shall consist of such number of divisions or units as may be established by the director. Each division or unit shall be under the supervision of a person appointed by the director.

A. When a youth is committed by the proper court to the department or to any facility under its jurisdiction, and an order is made by the proper court concerning the charges, expenses and maintenance payable by the committed youth or the youth's estate, parent or guardian, the di…

A. The department may enter into agreements with the federal government, other states or their agencies for such compensation on which they agree to accept or deliver committed youth or to administer rehabilitative programs. Notwithstanding section 35-193, any monies received by …

A. Each employee of the department and any licensee or contract service provider, employee of any licensee or contract service provider and each volunteer who has unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the departme…