41-2531. Definitions In this article, unless the context otherwise requires: 1. " Bidder prequalification" means determining in accordance with rules adopted pursuant to this chapter that a prospective bidder or offeror satisfies the criteria for being included on the bidder’s list. 2. " Cost-reimbursement contract" means a contract under which a contractor is reimbursed for […]
41-2532. Methods of source selection 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.
41-2533. Competitive sealed bidding 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 public notice of the invitation for bids shall be […]
41-2534. Competitive sealed proposals 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 services shall be procured pursuant to section 41-2537, 41-2578 or 41-2579. B. […]
41-2535. Procurements not exceeding a prescribed amount; small businesses; simplified construction procurement program 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 […]
41-2536. Sole source procurement 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 in connection with an award under […]
41-2537. Emergency procurements 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, 41-2579 or 41-2581 impracticable, unnecessary or contrary to the public […]
41-2538. Competitive selection procedures for certain professional services 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 qualifications and expressions of interest in […]
41-2539. Cancellation of invitation for bids or requests for proposals 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 […]
41-2540. Responsibility of bidders and offerors 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 be grounds for a determination […]
41-2541. Prequalification of contractors 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 lists of potential contractors shall include the prequalified contractors.
41-2542. Bid and contract security 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 performance and the need for future protection […]
41-2543. Cost or pricing data 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 current cost or […]
41-2544. Types of contracts 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.
41-2546. Multiterm contracts 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 the […]
41-2547. Right to inspect plant 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.
41-2548. Right to audit records 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 […]
41-2549. Reporting of anticompetitive practices 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 investigation into such practices to convey such […]
41-2550. Retention of procurement records 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.
41-2551. Record of procurement actions 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 […]
