R7-2-1001. Definitions ARIZONA ADMINISTRATIVE CODE TITLE 7. EDUCATION CHAPTER 2. STATE BOARD OF EDUCATION ARTICLE 10. SCHOOL DISTRICT PROCUREMENT IN GENERAL Added Acceptance period Actual energy production Alternative project delivery methods for Construction Award Bid Bidder Capability Coefficient Construction-manager-at risk Construction services Design-bid-build Design-build Design professional Design requirements Design services Effective utility rate Energy baseline Energy cost savings measure Energy production measure Established catalog price External procurement activity Finance services General Services Administration contract Governing instruments Guaranteed energy cost savings contract Guaranteed energy price Guaranteed energy production Guaranteed energy production contract Guaranteed energy production shortfall Internet In writing Job-order-contracting Legal counsel Life cycle Local public procurement unit Maintenance services Negotiation Offeror Operations Services Owner Preconstruction services Prime contractor Procurement file Proposal Public service corporation Page 1 of 15
Qualified select bidders list Reasonably susceptible of being awarded a contract Regional award Request for information Request for qualifications Reverse auction Statement of qualifications Subcontractor Unit price Unit price book Deleted Application benefit Bid sample Bidder prequalification Cost analysis Cost reimbursement contract Debarment Expendable materials Finished goods Force account Information systems Price analysis Specification for a common or general use item Telecommunications systems Total cost Vendor costs Revised Brand name or equal specification Brand name specification Change order Construction Cost Cost data Defective data Dentist Discussions Governing board District representative Eligible procurement unit Fair market value Minor informalities Multiple award Nonprofit corporation Outright purchase Physician Pricing data Procurement Purchase requisition Qualified products list Residual value Responsible bidder or offeror Page 2 of 15
School district Services Solicitation Specified professional services Total life cycle costs Total school district costs Vendor support R7-2-1002. Applicability Made technical Revised to specify that the rules apply to expenditures exceeding the aggregate dollar amount specified in A.R.S. 41-2535(A). Deleted the original subsections (B), (C), (E). Added new subsections (B) - (D)(12). R7-2-1003. General provisions Made technical Replaced subsection (A). Added subsections (E) - (I). R7-2-1004. Written determinations Made technical Added subsection (C) R7-2-1005. Change orders and contract Formerly "Confidential information." modifications "Confidential information" is now R7-2-1006. "Change orders and contract modifications: was R7-2- 1008. Updated the rule. R7-2-1006. Confidential information Formerly "Delegation of procurement authority." "Delegation of procurement authority" is now R7-2 1007. Confidential information was R7-2-1005. Updated the rule. R7-2-1007. Delegation of procurement Formerly "Procurement advisors." authority "Procurement advisors" is now R7-2-1008. "Delegation of procurement authority" was R7-2-1006. Updated the rule. R7-2-1008. Procurement consultants Formerly "Change order percentage." and procurement advisory groups "Change order percentage" is now included in R7-2- 1005. Procurement consultants and procurement advisory groups was R7-2-1007. Revised the rule to better identify procurement consultants. Addressed procurement advisory groups. R7-2-1009. Proprietary specifications Repealed "Proprietary specifications" is now R7-2-1012. SPECIFICATIONS R7-2-1010. Preparation of specifications Formerly "Recycled products use." "Recycled products use" is now R7-2-1013. "Preparation of specifications was R7-2-1101. Added subsection (C)(5). R7-2-1011. Types of specifications New rule number. Page 3 of 15
"Types of specifications" was R7-2-1102. R7-2-1012. Proprietary specifications New rule number. "Proprietary specifications was R7-2-1009. R7-2-1013. Recycled products use New rule number. "Recycled products use" was R7-2-1010. R7-2-1014. Maximum practicable New rule number. competition "Maximum practicable competition was R7-2-1104. Made technical R7-2-1015. Conflict of interest New rule number. "Conflict of interest" was R7-2-1105. Made technical corrections to subsections (A) and (C). R7-2-1016. Confidentiality New rule number. "Confidentiality was R7-2-1103. Made technical REVERSE AUCTIONS R7-2-1018. Reverse auctions New rule number. New rules to comply with A.R.S. 15-213(A)(3). COMPETITIVE SEALED BIDDING R7-2-1021. Method of source selection Made technical corrections to subsection (A) Subsections (B) and (C): New provisions authorizing authorizing an electronic bid process. R7-2-1022. Notice of competitive sealed Made technical bidding Subsection (C): Added posting on the Internet. R7-2-1023. Prospective bidders lists Made technical R7-2-1024. Invitation for bids Made technical Subsection (B)(1)(b): Addressed different options for bid submission. Added :bid acceptance period." Subsections (B)(1)(c) - (e): Contain important new requirements. Original subsection (B)(1)(c): Deleted the information and telecommunications systems additional evaluation requirements. Subsection (B)(1)(g): New requirements regarding the use of brand name or equal specifications. Subsection (B)(1)(h): Updated the rule regarding bid evaluation factors. Subsection (B)(1)(i): Added subsections (ii) and (iii). Subsections (B)(1)(k) - (u): new subsections. Subsection (B)(2): New subsection for electronic bidding. Schools should note the "bid acceptance period" definition. Review (B)(1)(d), (e), (g), (h), (i)(ii), (k), (l), (m), (r), (t). Review (B)(2). R7-2-1025. Pre-bid conferences Subsection (A): Made a technical change. Subsection (B): New time and documentation requirements. Confirmation that verbal statements are not bid amendments. R7-2-1026. Amendments to invitation Amendments, as used in this rule, are commonly Page 4 of 15
for bids referred to as "addenda." Made technical Subsections (A)(4) & (5): New provisions. Subsection B: Revised requirements for issuing amendments. Subsection D: New provision. R7-2-1027. Pre-opening modification Made technical or withdrawal of bids R7-2-1028. Late bids, late withdrawals Made technical and late modifications Subsection (C): New provisions. R7-2-1029. Receipt, opening and Made technical recording of bids Subsection (A): Updated the rule. Subsections (A)(1) & (2): New provisions for opening bids for identification of bidder. R7-2-1030. Mistakes in bids Made technical Numerous new provisions. R7-2-1031. Bid evaluation and award Made technical Subsection (A): Note the change top the last sentence regarding taxes and evaluation. Subsections (C) & (D): New requirements regarding award and multiple award. Subsection (F): New provisions regarding evaluation criteria. Subsection (G): New provisions regarding evaluation committees. Subsection (H): New provision regarding contacting bidders. Subsection (I) & (J): New provisions regarding the bid acceptance periods. Subsection (M): The provision for drawing lots to award tie bids is now imperative. Subsection O: New provision regarding bidder notification after award. Subsections (P) & (Q): New provisions regarding return of bid security and bonds. Subsection (R): New provisions regarding availability of bids for public inspection. R7-2-1032. Only one bid received Made technical R7-2-1033. Simplified school Made technical construction procurement program "Simplified school construction program" was changed to "simplified school construction program." MULTISTEP SEALED BIDDING R7-2-1035. Multistep sealed bidding Made technical R7-2-1036. Phase 1 of multistep sealed Made technical bidding R7-2-1037. Phase 2 of multistep sealed bidding Made technical Page 5 of 15
R7-2-1041. Competitive sealed proposals COMPETITIVE SEALED PROPOSALS Subsection (A): Made technical changes Subsection (B): Updated the rule for consistency with the Arizona Procurement Code. Competitive sealed proposals are no longer an exception to competitive sealed bidding. The governing board's written determination authorizing the use of competitive sealed proposals is no longer required. Subsections (C) & (D): New provisions authorizing the use of electronic competitive sealed proposals. R7-2-1042. Request for proposals Made technical Subsections (A)(1) - (3): Revised to include all of the RFP content requirements. Subsection (A)(4): New provisions regarding electronic competitive sealed proposals. R7-2-1043. Pre-proposal conferences No Changes R7-2-1044. Late proposals, modifications or withdrawals Made technical changes where appropriate for consistency with the provisions for late bids, late modifications and late withdrawals in R7-2-1028. R7-2-1045. Receipt, opening and Made technical recording of proposals Title was changed to include "opening and recording" Subsection (A): Updated the rule. Subsections (A)(1) & (2): New provisions for opening bids for identification of bidder. R7-2-1046. Evaluation of proposals Made technical Subsection (A)(2): New provisions prohibiting changing of evaluation criteria after the due date and time. Subsection (A)(3): New provisions for use of evaluation committees. Subsection (B): New provision regarding contact with offerors. Subsections (C) & (D): New provisions regarding the proposal acceptance period. Subsections (D) - (G): New provisions regarding determining is a proposal is acceptable. R7-2-1047. Discussions with individual Updated the provisions. offerors R7-2-1048. Best and final offers Updated and reformatted the section. R7-2-1049. Mistakes in proposals Made technical R7-2-1050. Contract award Subsection (A): Made technical Note the change top the last sentence regarding taxes and evaluation. Subsections (B) - (H): Numerous technical Subsections (B) & (C): New requirements regarding award and multiple award. Subsection D: New provision regarding bidder notification after award. Page 6 of 15
Subsections (F) & (G): New provisions regarding return of bid security and bonds. Subsection (H): New provisions regarding availability of bids for public inspection. School districts should review the new requirements. SOLE SOURCE PROCUREMENTS R7-2-1053. Sole source procurements Subsection (B): New provisions for documenting the governing board's determination. Subsection (D): Documentation provisions. EMERGENCY PROCUREMENTS R7-2-1055. Emergency procurement New rule number procedure "Emergency procurement procedure was R7-2-1056 Restates the procedures formerly in R7-2-1056 and 1057. New provision includes an option to convene a meeting of the governing board. R7-2-1056. Emergency procurement Formerly "Emergency procurements" reporting Emergency procurements is now R7-2-1055. Restates the reporting requirements if it was not feasible to convene a meeting of the governing board. R7-2-1057. Emergency procurement Repealed procedure The requirements have been moved to R7-2-1055 and R7-2-1056 REQUEST FOR INFORMATION R7-2-1058. Request for information New rule number. New rules specifying the requirements for requests for information. SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL R7-2-1061. Competitive selection Made technical procedures for clergy, Subsection (B): New subsection restating Auditor certified public accountants, General and school district audit contracts. physicians, dentists and legal council R7-2-1062. Statement of qualifications Made technical R7-2-1063. Request for proposals Made technical changes Subsections (B) - (C): Technical requirements regarding the request for proposals R7-2-1064. Receipt of proposals No R7-2-1065. Evaluation of proposals No R7-2-1066. Discussions with individual offerors Restated the discussion provisions for consistency with the competitive sealed proposals provisions. R7-2-1067. Mistakes in proposals Formerly " Evaluation and contract award where price is an evaluation factor." Evaluating proposals with or without price competition is no longer authorized. Evaluation procedures are included in R7-2-1065. Page 7 of 15
New rule addressing the requirements for proposal mistakes. R7-2-1068. Contract award Formerly " Selection and contract where price is not an evaluation factor." Evaluating proposals with or without price competition is no longer authorized. New rule addressing the requirements for contract award. GUARANTEED ENERGY CONTRACTS R7-2-1069. Guaranteed energy cost New rule number. savings contracts New rules addressing the requirements of A.R.S. 15-213.01. R7-2-1070. Guaranteed energy New rule number. production contracts New rules addressing the requirements of A.R.S. 15-213.03. GENERAL CONTRACT REQUIREMENTS R7-2-1071. Reserved R7-2-1072. Cancellation of No solicitations; rejection of bids and proposals R7-2-1073. Cancellation of solicitation before the due date and time Formerly "Cancellation of solicitation before receipt of bids and proposals." Made technical Subsections (B) & (C): New provisions. R7-2-1074. Cancellation of solicitation after bid or proposal Formerly "Cancellation of solicitation after receipt of bids and proposals." opening and before award Made technical Subsections (B) - (D): New provisions. R7-2-1075. Rejection of individual bids Made technical and proposals R7-2-1076. Responsibility of bidders Made technical corrections. and offerors R7-2-1077. Prequalification of Made technical corrections. contractors for materials, services and construction R7-2-1078. Bid and contract security Made technical corrections. Subsection (D): Includes new provisions. R7-2-1079. Cost or pricing data Made technical R7-2-1080. Refusal to submit cost or Made technical pricing data R7-2-1081. Defective cost or pricing Made technical data R7-2-1082. Right to inspect plant No R7-2-1083. Right to audit records Made technical R7-2-1084. Anticompetitive practices Made technical R7-2-1085. Retention of procurement Made technical Page 8 of 15
records R7-2-1086. Record of procurement Made technical actions R7-2-1087. Contract clauses New rule number. New rules addressing statutory contract requirements. Schools should become familiar with the provisions. CONTRACT TYPES R7-2-1091. Repealed Formerly "Authority to use contract types. "Authority to use contract types" is now R7-1-1092. R7-2-1092. Authority to use contract types Formerly "Approval of accounting system." Updated provisions for consistency with statute. R7-2-1093. Multiterm contracts Subsection (A): Updated for consistency with statute. Subsection (B): Made technical Subsection (C): Restated existing requirement. Subsection (E): New provision for consistency with statute. ARTICLE 11. SCHOOL DISTRICT PROCUREMENT CONTINUED PROCUREMENT OF Formerly "Specifications." CONSTRUCTION Specifications moved to R7-2-1010 through R7-2- 1016. R7-2-1100. Construction project New rules number. delivery methods New rules specifying the procurement methods for the different types of construction project delivery. R7-2-1101. Qualified select bidders list Formerly "Preparation of specifications." "Preparation of specifications is now R7-2-1010. "Qualified select bidders list was R7-2-1110. Updated the section with technical and substantive R7-2-1102. Bid security Formerly "Types of specifications." "Types of specifications is now R7-2-1011. "Bid security" was R7-2-1111. Updated the section with technical and substantive R7-2-1103. Contract performance and Formerly "Confidentiality." payment bonds "Confidentiality is now R7-2-1016. Contract performance and payment bonds" was R7-2- 1112. Updated the section with technical and substantive R7-2-1104. Contract payment retention Formerly "Maximum practicable competition." and substitute security Maximum practicable competition" is now R7-2-1014. Contract payment retention and substitute security was R7-2-1114. Page 9 of 15
Updated the section with technical and substantive R7-2-1105. Progress payments Formerly "Conflict of interest." Conflict of interest" is now R7-2-1015. Progress payments was R7-2-1115. Updated the section with technical and substantive R7-2-1106. Procurement of construction New rule number. using alternative project delivery methods "Procurement of construction using alternative project delivery methods" was R7-2-1116. Updated the section with technical and substantive R7-2-1107. Selection committee New rule number. "Selection committee" was formerly part of R7-2- 1116. Updated the section with technical and substantive R7-2-1108. Request for qualifications New rule number. "Request for qualifications" was formerly part of R7-2-1116. Updated the section with technical and substantive R7-2-1109. Receipt and opening of statements of qualifications, Formerly "Notice of competitive sealed bidding for construction." technical proposals and price proposals for designbuild "Notice of competitive sealed bidding for construction" is now included in R7-1-1100. and job-order- "Receipt and opening of statements of qualifications, contracting technical proposals and price proposals for designbuild and job-order-contracting" was part of R7-2- 1116. Updated the section with technical and substantive R7-2-1110. Committee evaluation and Formerly "Qualified select bidders list." contract award "Qualified select bidders list" is now R7-2-1101. "Committee evaluation and contract award" was part of R7-2-1116. Updated the section with technical and substantive R7-2-1111. Alternative procedure for Formerly "Bid security" design-build or job-ordercontracting "Bid security" is now R7-2-1102 construction "Alternative procedure for design-build or job-order- services contracting construction services" was part of R7-2- 1116. Updated the section with technical and substantive Page 10 of 15
R7-2-1112. Contractor licenses, contract Formerly "Contract performance and payment bonds." and performance requirements "Contract performance and payment bonds" is now R7-2-1103. "Contractor licenses, contract and performance requirements" was part of R7-2-1116. Updated the section with technical and substantive R7-2-1113. Prohibitions Formerly "Bond forms." "Prohibitions" was part of R7-2-1116, Updated the section with technical and substantive R7-2-1114. Bid security, contract performance and payment Formerly "Contract payment retention and substitute security." bonds, and payment and retention " Contract payment retention and substitute security" is now R7-2-1104. "Bid security, contract performance and payment bonds, and payment and retention" was part of R7-2- 1116. Updated the section with technical and substantive R7-2-1115. Procurement file contents Formerly "Progress payments." and review "Progress payments is now R7-2-1105. "Procurement file contents and review was part of R7-2-1116. Updated the section with technical and substantive R7-2-1116. Repealed. Formerly "Procurement of construction using alternative project delivery methods." "Procurement of construction using alternative project delivery methods" is now R7-2-1106 through R7-2- 1115. PROCUREMENT OF SPECIFIED PROFESSIONAL SERVICES R7-2-1117. Procurement of specified professional services Updated the section with technical and substantive School districts should review the provisions before use. R7-2-1118. Public notice of specified professional services Updated the section with technical and substantive R7-2-1119. Cancellation or rejection of the solicitation Formerly "Specified professional services selection committee." "Specified professional services selection committee" is now R7-2-1120. "Cancellation or rejection of the solicitation" was R7-2-1120. Updated the section with technical and substantive Page 11 of 15
R7-2-1120. Specified professional services selection committee R7-2-1121. Committee evaluation and selection R7-2-1122. Specified professional services contracts not exceeding certain amounts R7-2-1123. Procurement file contents and review for procurements conducted under R7-2-1117 through R7-2-1121 COST PRINCIPLES R7-2-1125. Cost principles Made technical School districts should review the new requirements. Formerly "Cancellation or rejection of the solicitation" "Cancellation or rejection of the solicitation" is now R7-2-1119. "Specified professional services selection committee" was R7-2-1119. School districts should review the new requirements. Updated the section with technical and substantive School districts should review the new requirements. Formerly "Single negotiated fee method of award." Method of award is now included in R7-2-1121. Updated the section with technical and substantive School districts should review the new requirements. Formerly "Multiple fee proposal method of award." "Multiple fee proposal method of award" is no longer authorized in statute. Updated the section with technical and substantive School districts should review the new requirements. MATERIALS MANAGEMENT R7-2-1131. Material management and Made technical disposition Subsection (C)(3): Added auction notice provisions. Subsection (C)(4): Added provisions for Internet based on-line sales. Subsection (C)(6): Added a prohibition. Subsection (C)(8): Added a provision for consistency with statute. R7-2-1132. State and federal surplus No materials program R7-2-1133. Authority for transfer of No material BID PROTESTS R7-2-1141. Resolution of bid protests Made technical R7-2-1142. Filing of a protest Made technical R7-2-1143. Time for filing protests Made technical Subsection (C): Added a provision that protestor may request a filing extension for consistency with the Arizona Procurement Code. R7-2-1144. Stay of procurements during Updated the rule. the protest R7-2-1145. Decision by the district Made technical representative Subsection (A): New provision addressing district representative's authority. Subsection (B): Changed the time for issuing a decision for consistency with the Arizona Procurement Code. Subsection (C): Changed the time for filing an appeal Page 12 of 15
for consistency with the Arizona Procurement Code. R7-2-1146. Remedies Made technical R7-2-1147. Appeals to a hearing officer Revised the title to show that appeal is filed with a hearing officer. Subsection (A): Changed to reflect appeal is filed with the hearing officer and changed the time for filing an appeal for consistency with the Arizona Procurement Code. Subsection (C): Added the requirement about payment for and reimbursement of hearing costs. Subsections (D) & (E): Added the requirements for selection of hearing officers. R7-2-1148. Notice of appeal Made a technical change. R7-2-1149. Stay of procurement during Made a technical change. appeal R7-2-1150. District representative s response Subsection (A): Revised to address time for preparation and filing of the district representative's response. Subsections (B) & (C): New provisions. R7-2-1151. Dismissal before hearing Subsection (A): Made technical Subsection (B): New notification provision. R7-2-1152. Hearing Made a technical change. R7-2-1153. Remedies Made technical Revised to specify that the hearing officer issues the decision. CONTRACT CLAIMS AND CONTROVERSIES R7-2-1155. Resolution of contract claims and controversies Subsection (B): New provision regarding district representative authority. Subsection (D): New provisions for filing of a claim and claim content. R7-2-1156. District representative s decision Subsection (A): Revised time limit. Added a requirement for district representative to review facts before issuing a decision. Deleted the original subsection (B). Subsection (B): Added decision content requirements. Changed the time for filing an appeal for consistent with the Arizona Procurement Code. R7-2-1157. Issuance of a timely Made technical decision Revised the time limits for consistency with the Arizona Procurement Code. R7-2-1158. Appeals to a hearing officer Made technical Subsection (A): Revised the time limit for consistency with the Arizona Procurement Code. Subsection (C): New provisions for a district representative response to the appeal. Page 13 of 15
R7-2-1159. Hearing Made technical DEBARMENT AND SUSPENSION R7-2-1161. Authority to debar or Made technical suspend R7-2-1162. Initiation of debarment No R7-2-1163. Period of debarment No R7-2-1164. Notice Made a technical change. Subsection (B): New provisions for notice of debarment content. R7-2-1165. Notice to affiliates Made technical Subsection (B): Revised the time limits for consistency with the Arizona Procurement Code. R7-2-1166. Imputed knowledge No R7-2-1167. Reinstatement Subsection (A): added a new provision, Subsection (D): Revised the requirement for consistency with the Arizona Procurement Code. R7-2-1168. Suspension Made a technical change. R7-2-1169. Period and scope of suspension Subsection (A): Revised the number of days of suspension. R7-2-1170. Notice and hearing Made a technical Subsection (B)(4): Revised the time limit. R7-2-1171. List of debarments, suspensions and voluntary exclusions No HEARING PROCEDURES R7-2-1181. Hearing procedures Made technical R7-2-1182. Rehearing of decisions Made technical R7-2-1183. Judicial review made technical R7-2-1184. Exclusive remedy Made technical R7-2-1185. Qualifications for hearing officers Made technical INTERGOVERNMENTAL PROCUREMENTS R7-2-1191. Cooperative purchasing Made technical corrections. authorized Subsections (C) & (D): New provisions. R7-2-1192. Contract provisions in a Made technical cooperative purchasing Subsection (5): New provision. agreement R7-2-1193. Use of payments received No by a supplying public procurement unit R7-2-1194. Public procurement units in Made technical compliance with Article Subsection (B): New provisions. requirements R7-2-1195. Contract controversies Made technical Page 14 of 15
R7-2-1196. General Services Administration contracts New rule number. New rules addressing the requirements of A.R.S. 15-213(J). Page 15 of 15