School Procurement Rules Revision Summary

IN GENERAL

· Corrections were made throughout the rules. Examples include:

· A common format of capitalized first word and all lower case for the rest of the words for each item in the table of contents.

· Corrected several rule numbers.

· Completion or correction of several citations.

· Corrected text where need was discovered. (1 to one, 2 to two, 5% to five percent, etc.)

· Corrected text changes are not included in the summary below.

R7-2-1001. Definitions

· Added definitions for consistency with ADOA procurement rules.

· Relocated APDM definitions from R7-2-1116.

· Renumbered the definitions.

· Revised “Reverse auction” to reference vendor, instead of offeror (12/15/11)

· Deleted “School district chief procurement officer” and renumbered remaining definitions (12/15/11)

· Deleted “Specific single project” and renumbered remaining definitions, per the committee (12/15/11)

· Added “Procurement advisor” and renumbered the remaining definitions (1/4/12)

· Revised the “Construction” definition to be consistent with 41-2503 (2/15/12)

· 1001(9): Changed “of” to “or” and spelled “submitting” correctly. (3/16/12)

· 1001(64): Spelled “facsimile” correctly. (3/16/12)

R7-2-1002. Applicability

· Revised the applicability amount for consistency with A.R.S. § 15-213(A)(1).

· Added a specific exclusions section.

· Added subsection (D)(17) consistent with statute. (12/8/11)

· Added “providing career and technological education and vocational education” to (D)(1) (12/15/11)

· Deleted (D)(9) auxiliary funds and renumbered the remaining items (12/15/11)

R7-2-1003. General provisions

· Revised section A.

· Added sections E, F and G.

R7-2-1004. Written determinations

· Added section C.

R7-2-1005. Confidential information

· Added subsection A(1).

· Revised sections B, C, D.

· Added section E.

R7-2-1006. Delegation of procurement authority

· Completed the statutory citation.

· Added subsection (A)(1) specifying items that governing boards may delegate (12/15/11

R7-2-1007. Procurement advisors

· No changes.

R7-2-1008. Change orders and contract amendments percentage

· Changed the rule title to match revisions to the rules.

· Deleted the original rule.

· Added new rules consistent with ADOA procurement rules.

R7-2-1009. Proprietary specifications

· No changes.

R7-2-1010. Recycled Products Use

· Added governing board authority to section A.

ELECTRONIC ONLINE BIDDING

New section heading for clarity.

R7-2-1011. Electronic online bidding

· Added this new section.

· 1011(J): Deleted “, if a competing bidder located outside of this state is not subject to a transaction privilege or use tax of a political subdivision of this state” after “lowest bidder” in the next to last line. (3/16/12)

R7-2-1012. Authorization of electronic transactions

· Added this new section.

COMPETITIVE SEALED BIDDING

R7-2-1021. Method of Source Selection

· Revised section A.

· Updated the exceptions list (1/5/12)

R7-2-1022. Notice of competitive sealed bidding

· Revised sections A & C.

· 1022(A): Deleted “. Specified Professional Services” after “R7-2-1123” in the next to last line of the paragraph. 3/16/12)

R7-2-1023. Prospective bidders' lists

· Added subsection A(1).

R7-2-1024. Invitation for Bids

· Revised subsection B(1)(b).

· Added subsection B(1)(e)(i).

· Added subsections B(1)(g)(I, ii, iii).

· Added subsections B(1)(i-v).

· Deleted subsections B(2 & 3).

R7-2-1025. Pre-bid conferences

· Revised section A.

· Added section B.

R7-2-1026. Amendments to invitation for bids

· Added subsections A(4 & 5).

· Added section D.

R7-2-1027. Pre-opening modification or withdrawal of bids

· Revised section B.

R7-2-1028. Late bids, late withdrawals and late modifications

· Revised sections C & D.

R7-2-1029. Receipt, opening and recording of bids

· Added subsection A(1)

· Revised section B.

R7-2-1030. Mistakes in bids

· Added sections A, B, I, J, K.

· Deleted original section G.

· Renumbered remaining original sections.

R7-2-1031. Bid Evaluation and Award

· Added subsection A(1).

· Added new section B.

· Deleted original section J.

· Renumbered remaining original sections.

· Added subsection I(1).

· Revised new section J.

· Added sections K, L, M, N.

· Removed “if a competing bidder located outside of this state is not subject to a transaction privilege or use tax of a political subdivision of this state.” from (A) for statutory consistency (12/15/11)

R7-2-1032. Only One bid received

· Added a section number to the first paragraph.

R7-2-1033. Simplified School Construction Procurement Program

· No changes.

MULTISTEP SEALED BIDDING

R7-2-1035. Multistep sealed bidding

· Revised section A.

R7-2-1036. Phase 1 of multistep sealed bidding

· Added new section C.

· Renumbered remaining original subsections.

· Added subsection D(3).

R7-2-1037. Phase 2 of multistep sealed bidding

· No changes.

COMPETITIVE SEALED PROPOSALS

R7-2-1041. Competitive sealed proposals

· Added subsection A(1).

· Added new section B.

· Renumbered original section B.

R7-2-1042. Request for Proposals

· Revised section A.

R7-2-1043. Pre-proposal conferences

· No changes.

R7-2-1044. Late proposals, modifications or withdrawals

· Added section E.

R7-2-1045. Receipt of proposals

· Added subsection A(1).

R7-2-1046. Evaluation of proposals

· Revised section A.

· Deleted original section B.

· Added sections B, C, D, E.

R7-2-1047. Clarifications and discussions with individual offerors

· Added “Clarifications” to the rule title.

· Deleted the original rule.

· Added new sections A & B.

R7-2-1048. Best and final offers

· Deleted the original rule.

· Added new sections A, B, C.

R7-2-1049. Mistakes in proposals

· Revised section A.

R7-2-1050. Contract Award

· Deleted original sections D & E.

· Added new sections D, E, F, G.

· Removed “if a competing offeror located outside of this state is not subject to a transaction privilege or use tax of a political subdivision of this state.” from (A) for statutory consistency (12/15/11)

SOLE SOURCE PROCUREMENTS

R7-2-1053. Sole source procurements

· Deleted the original section B.

· Added new sections B, C, D, E.

· Removed subsection (B)(1) (12/15/11)

· Changed the order of (B), (C), (D) (1/5/12)

EMERGENCY PROCUREMENTS

R7-2-1056. Emergency procurements

· No changes.

R7-2-1057. Emergency procurement procedure

· Added section D.

COMPETITION IMPRACTICABLE

New section heading for clarity.

Removed public-private partnerships (12/15/11)

R7-2-1058. Competition Impracticable Procurements

· New rules consistent with the ADOA procurement rules.

· Removed subsection (B)(1) per the committee 12/15/11

R7-2-1059. Public-private partnerships (Removed 12/15/11)

· New rules consistent with the ADOA procurement rules.

SERVICES OF CLERGY, CERTIFIED PUBLIC ACCOUNTANTS, PHYSICIANS, DENTISTS AND LEGAL COUNSEL

R7-2-1061. Competitive selection procedures for clergy, certified public accountants, physicians, dentists and legal counsel

· Revised section A.

· Added new sections C, D, E, F.

R7-2-1062. Statement of qualifications

· Revised section A.

· Added section C.

R7-2-1063. Request for proposals

· Designated original rule as section A.

· Added section B.

R7-2-1064. Receipt of proposals

· No changes.

R7-2-1065. Evaluation of proposals

· No changes.

R7-2-1066. Discussions with individual offerors

· No changes.

R7-2-1067. Contract award

· Changed the rule title to be consistent with new rules.

· Deleted the original rule.

· Added new rules in sections A-E consistent with ADOA procurement rules.

REQUEST FOR INFORMATION AND GENERAL SERVICES ADMINISTRATION CONTRACTS (Deleted unsolicited proposals 1/5/12)

New section heading for clarity.

R7-2-1068. Request for information

· Deleted original rule.

· Added new rules for request for information.

R7-2-1069. General Services Administration contracts

· Added new rules consistent with A.R.S. § 15-213

· Revised subsection (A) for compliance with 15-213 (12/8/11)

GENERAL CONTRACT REQUIREMENTS

R7-2-1071. Reserved

R7-2-1072. Cancellation of solicitations; rejection of bids and proposals

· No changes.

R7-2-1073. Cancellation of solicitation before the due date and time

· No changes.

· Revised the title to better reflect the rule (1/5/12)

· Revised subsection (A) (1/5/12)

· Added subsections (B) &(C) (1/5/12)

R7-2-1074. Cancellation of solicitation after bid or proposal opening and before award

· Made existing paragraph section A.

· Added new sections B, C, D, E.

· Revised the title to better reflect the rule (1/5/12)

· Revised subsection (A) (1/5/12)

· Deleted subsections (B) &(C) and moved them to R7-2-1073 (1/5/12)

· Renumbered Remaining subsections (1/5/12)

R7-2-1075. Rejection of individual bids and proposals

· No changes.

R7-2-1076. Responsibility of bidders and offerors

· Added subsections A(1-3).

· Added subsections B(3 & 6).

· Renumbered remaining section B subsections.

· Added new section D.

· Renumbered original section D.

R7-2-1077. Prequalification of contractors for materials, services and construction

· No changes.

R7-2-1078. Bid and contract security

· No changes.

R7-2-1079. Cost or pricing data

· Revised sections D & F.

R7-2-1080. Refusal to submit cost or pricing data

· No changes.

R7-2-1081. Defective cost or pricing data

· No changes.

R7-2-1082. Right to inspect plant

· No changes.

R7-2-1083. Right to audit records

· Changed the time limit to five years for consistency with ADOA procurement rules.

R7-2-1084. Anticompetitive practices

· No changes.

R7-2-1085. Retention of procurement records

· No changes.

R7-2-1086. Record of procurement actions

· Revised and corrected section A.

R7-2-1087. Determination of fair and reasonable price

· Added new rules consistent with ADOA procurement rules.

R7-2-1088. Contract clauses

· Added new rules consistent with ADOA procurement rules.

· Added subsection G (12/8/11)

CONTRACT TYPES

R7-2-1091. Authority to use contract types

· No changes.

R7-2-1092. Approval of accounting system

· No changes.

R7-2-1093. Multiterm contracts

· Added subsection A(1).

· Added new sections B & C consistent with ADOA procurement rules.

· Renumbered original section B.

· Revised subsection (A)(1) to remove the 10 year cap for consistency with statute (1/5/12)

ARTICLE 11. SCHOOL DISTRICT PROCUREMENT CONTINUED

SPECIFICATIONS

R7-2-1101. Preparation of specifications

· No changes.

R7-2-1102. Types of specifications

· No changes.

R7-2-1103. Confidentiality

· No changes.

R7-2-1104. Maximum practicable competition

· No changes.

R7-2-1105. Conflict of interest

· No changes.

PROCUREMENT OF CONSTRUCTION

R7-2-1109. Notice of competitive sealed bidding for construction

· No changes.

R7-2-1110. Qualified Select Bidders List

· No changes. Not reviewed.

· Changed “proposer” to “offeror” for consistency with the rest of the rules. Removed the annual reporting requirement. (1/5/12)

R7-2-1111. Bid security

· No changes.

R7-2-1112. Contract performance and payment bonds

· No changes.

R7-2-1113. Bond forms

· No changes.

R7-2-1114. Contract Payment Retention and Substitute Security

· No changes.

R7-2-1115. Progress Payments

· No changes.

R7-2-1116. Procurement of construction using alternative project delivery methods

· Deleted the original rules.

· Added new rules consistent with applicable statute.

· Inserted revised procurement file contents and review rules (12/15/11.