The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Best Value Procurement best-value-procurement rosp_category State authority to conduct best value procurement (BVP) raw AZ ADC R2-7-F308
A. The agency chief procurement officer may conduct negotiations with any or none of the offerors.
B. The agency chief procurement officer may conduct negotiations to improve offers in such areas as cost, price, specifications, performance, or terms and conditions, and to achieve best value for the state.
C. The agency chief procurement officer shall document the results of negotiations in writing by requesting a best and final offer as defined in R2-7-C315.
D. The agency chief procurement officer shall ensure that negotiations do not disclose any information derived from other offers.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw AZ ADC R2-7-A901
A. Any interested party may protest a solicitation, a determination of not susceptible for award, or the award of a contract.
B. The interested party shall file the protest in writing with the agency chief procurement officer, with a copy to the state procurement administrator, and shall include the following information:
1. The name, address and telephone number of the interested party;
2. The signature of the interested party or the interested party’s representative;
3. Identification of the purchasing agency and the solicitation or contract number;
4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
5. The form of relief requested.
C. If the protest is based upon alleged improprieties in a solicitation that are apparent before the offer due date and time, the interested party shall file the protest before the offer due date and time.
D. In cases other than those covered in subsection (C), the interested party shall file the protest within 10 days after the agency chief procurement officer makes the procurement file available for public inspection.
E. The interested party may submit a written request to the agency chief procurement officer for an extension of the time limit for protest filing set forth in subsection (D). The written request shall be submitted before the expiration of the time limit set forth in subsection (D) and shall set forth good cause as to the specific action or inaction of the purchasing agency that resulted in the interested party being unable to submit the protest within the 10 days. The agency chief procurement officer shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted set forth a new date for submission of the filing.
F. If the interested party shows good cause, the agency chief procurement officer may consider a protest that is not timely filed.
G. The agency chief procurement officer shall immediately give notice of a protest to all offerors.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw AZ ADC R2-7-C312
A. An agency chief procurement officer shall determine, at any time during the evaluation period and before award, that an offeror is responsible or nonresponsible.
B. The agency chief procurement officer may consider the following factors before determining that an offeror is responsible or nonresponsible:
1. The offeror’s financial, business, personnel, or other resources, including subcontractors;
2. The offeror’s record of performance and integrity;
3. Whether the offeror has been debarred or suspended;
4. Whether the offeror is legally qualified to contract with the state;
5. Whether the offeror promptly supplied all requested information concerning its responsibility; and
6. Whether the offeror meets any responsibility criteria specified in the solicitation.
C. The agency chief procurement officer shall promptly notify the offeror in writing of the final determination that the offer is nonresponsible unless the agency chief procurement officer determines notification to the offeror would compromise the state’s ability to negotiate with other offerors. The agency chief procurement office shall file a copy of the determination in the procurement file.
D. The agency chief procurement officer shall only disclose responsibility information furnished by an offeror in accordance with A.R.S. § 41-2540(B).
E. For the offeror awarded a contract, the agency chief procurement officer’s signature on the contract constitutes a determination that the offeror is responsible.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw AZ ADC R2-7-B313
A. The agency chief procurement officer shall determine before an award whether an offeror is responsible or nonresponsible.
B. The agency chief procurement officer shall consider the following factors before determining that an offeror is responsible or nonresponsible:
1. The offeror’s financial, business, personnel, or other resources, such as subcontractors;
2. The offeror’s record of performance and integrity;
3. Whether the offeror has been debarred or suspended;
4. Whether the offeror is legally qualified to contract with the state;
5. Whether the offeror promptly supplied all requested information concerning its responsibility; and
6. Whether the offeror meets the responsibility criteria specified in the solicitation.
C. If the agency chief procurement officer determines an offeror is nonresponsible, the agency chief procurement officer shall promptly send a determination to the offeror stating the basis for the determination. The agency chief procurement officer shall file a copy of the determination in the procurement file.
D. The agency chief procurement officer shall only disclose responsibility information furnished by an offeror in accordance with A.R.S. § 41-2540.
E. For the offeror awarded a contract, the agency chief procurement officer’s signature on the contract constitutes a determination that the offeror is responsible.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Yes Contract Claim contract-claim rosp_category Statutory, regulatory, and procedural guidance for contract claims before a specialized body raw AZ ADC R2-7-B901
A. A claimant shall file a contract claim with the agency chief procurement officer, with a copy to the state procurement administrator, within 180 days after the claim arises. The claim shall include the following:
1. The name, address, and telephone number of the claimant;
2. The signature of the claimant or claimant’s representative;
3. Identification of the purchasing agency and the solicitation or contract number;
4. A detailed statement of the legal and factual grounds of the claim including copies of the relevant documents; and
5. The form and dollar amount of the relief requested.
B. The agency chief procurement officer shall have the authority to settle and resolve contract claims, except that the agency chief procurement officer shall receive prior written approval of the state procurement administrator for the settlement or resolution of a claim in excess of the amount prescribed in A.R.S. § 41-2535.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Statutory Guidance Contract Claim Appeal contract-claim-appeal rosp_category Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body raw AZ ADC R2-7-B904
A. The claimant may appeal the final decision of the agency chief procurement officer to the director within 30 days from the date the decision is received. The claimant shall file a copy of the appeal with the director, the agency chief procurement officer, and the state procurement administrator.
B. The claimant shall file the appeal in writing and shall include the following:
1. A copy of the decision of the agency chief procurement officer;
2. A statement of the factual areas of agreement or disagreement; and
3. The precise factual or legal error in the decision of the agency chief procurement officer from which an appeal is taken.
C. The agency chief procurement officer shall file a complete report on the appeal with the director and the state procurement administrator within 14 days from the date the appeal is filed, providing a copy to the claimant at that time by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The report shall include a copy of the claim, a copy of the agency chief procurement officer’s decision, if applicable, and any other documents that are relevant to the claim.
D. The director shall resolve appeals on claim decisions as contested cases under A.R.S. § 41-1092.07.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Statutory Guidance Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw Section 6.6 of AZ Procurement Manual
Technical Proposal Review Team – This team is typically comprised of program and technical experts, and may conduct its evaluation under the direction of a team leader (most commonly the procurement officer). The team is responsible for all aspects of the evaluation of the technical proposal. This may include review of vendor qualifications, such as the number of past projects performed of a similar size and scope, and proposed personnel resources, such as staff capacity. Depending on the nature of the RFP, the team may also be responsible to perform such activities as benchmark tests, site visits, and reference checks.
Cost Proposal Review Team – The cost proposal review team is typically comprised of one individual (usually the procurement officer), but may be a team of people, responsible for evaluating and scoring the cost proposals submitted in response to the RFP. The cost team works under the direction of the procurement officer.
NOTE: While it may be necessary for the cost team to obtain technical information to clarify the association between costs and technical components, the technical evaluators must not be provided with the proposed costs until after their evaluation is complete.
6.6.2 Single Team/Evaluator Approach – Under this model, one team or one individual evaluator conducts all evaluations. When a single team/evaluator is used, the cost proposals must remain sealed until completion of the technical evaluation.
https://spo.az.gov/sites/default/files/Arizona%20State%20Procurement%20Manual%20DC%20009%20r0.pdf Public Link 1: Evaluation teams may be one or more persons. It is recommended there be separate sub-teams to perform technical and cost evaluations for proposals. Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw A.A.C. R2-7-501
A. The agency chief procurement officer shall procure specified professional services as defined in A.R.S. § 41-2578, 41-2579, and 41-2581 in the following manner:
1. Through existing state contracts if available;
2. In accordance with A.R.S. § 41-2535 and Part D of Article 3 of this Chapter or A.R.S § 41-2533 procurements not to exceed the amount prescribed in A.R.S. § 41-2535;
3. May procure services in accordance with A.R.S. §§ 41-2536, 41-2537, or 41-2581.
B. Unless an alternate project delivery method is used as permitted under R2-7-503, the agency chief procurement officer shall procure construction in the following manner:
1. Through existing state contracts if available;
2. In accordance with A.R.S. § 41-2535 and Part D of Article 3 of this Chapter or A.R.S. § 41-2533 for single award procurements not to exceed the amount prescribed in A.R.S. §§ 41-2535 or 41-2579 for multiple award procurements;
3. In accordance with A.R.S. § 41-2533 for procurements estimated to exceed the amount prescribed in A.R.S. § 41-2535; or
4. May procure construction in accordance with A.R.S. §§ 41-2536 or 41-2581.
C. The agency chief procurement officer shall procure construction through an alternate project delivery method in the following manner:
1. Through existing state contracts if available;
2. In accordance with A.R.S. § 41-2535 and Part D of Article 3 of this Chapter or A.R.S. § 41-2578 for procurements not estimated to exceed the amount prescribed in A.R.S. § 41-2535;
3. May procure construction in accordance with A.R.S. §§ 41-2536, 41-2537, or 41-2581.
https://qa.azsos.gov/public_services/Title_02/2-07.htm Public Link: Central Procurement Office Multistep Competitive Sealed Bidding multistep-competitive-sealed-bidding rosp_category State authority to conduct multistep competitive sealed bidding raw AZ ST § 41-2533
H. The multistep sealed bidding method may be used if it is not practicable to initially prepare a definitive purchase description that is suitable to permit an award based on competitive sealed bidding. An invitation for bids may be issued requesting the submission of technical offers to be followed by an invitation for bids limited to those bidders whose offers are determined to be technically acceptable under the criteria set forth in the first solicitation, except that the multistep sealed bidding method may not be used for construction contracts.
https://www.azleg.gov/ars/41/02533.htm Public Link: Full Authorization Procurement Website procurement-website rosp_category Official state procurement website for public raw https://spo.az.gov/ Public Link: Protest Appeals protest-appeals rosp_category Statutory, regulatory, or procedural guidance for protest appeals before a specialized body raw AZ ADC R2-7-A905
A. An interested party may appeal the decision entered or deemed to be entered by the agency chief procurement officer to the director within 30 days after the date the decision is received or deemed received under R2-7-A903. The interested party shall file a copy of the appeal with the director, the agency chief procurement officer, and the state procurement administrator.
B. The interested party shall file the appeal in writing and shall include the following information:
1. The information prescribed in R2-7-A901(B) including the identification of confidential information under R2-7-103;
2. A copy of the decision of the agency chief procurement officer; and
3. The precise factual or legal error in the decision of the agency chief procurement officer from which an appeal is taken.
C. The director may consider any appeal that is not filed timely if:
1. The interested party shows good cause; or
2. The director finds there is good cause.
https://apps.azsos.gov/public_services/Title_02/2-07.pdf Public Link: Statutory Guidance Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw AZ Rev. Statutes 41-2533 C
The publication shall be not less than two weeks before bid opening and shall be circulated within the affected governmental jurisdiction.
https://www.azleg.gov/viewdocument/ Public Link 1: 14 Days Reverse Auctions reverse-auctions rosp_category State authority to conduct reverse auctions raw Public School District (AZ ADC R7-2-1018)
A. Using reverse auctions
1. If a governing board determines in writing that use of reverse auctions is more advantageous to the school district than other procurement methods prescribed by Articles 10 and 11, the school district may use reverse auctions for the purchase of materials.
2. The written determination shall include, but is not limited to the following information:
a. An estimate of the number of prospective bidders;
b. An explanation of how reverse auctions will foster competition;
c. An explanation of why reverse auctions is more advantageous to the school district than other prescribed procurement methods; and
d. The scope and estimated total dollar value of the proposed procurement.
B. Reverse auction procedures
1. The school district shall develop and implement procedures prior to conducting procurement via reverse auctions. The procedures shall include:
a. The method or methods to ensure the integrity and security of the reverse auctions;
b. The method or methods for registering bidders for reverse auctions;
c. The method or methods for notifying vendors of reverse auction opportunities;
d. The method or methods for receiving reverse auction bids; and
e. The school district official or officials authorized to conduct reverse auctions.
2. School districts may require bidders to register before the date and time for opening the reverse auction for submission of bids and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the invitation for bids.
3. Notice of a reverse auction shall be issued at least 14 days before the date and time for opening the reverse auction for submission of bids, unless a shorter time is determined necessary by the school district. If a shorter time is necessary, the school district shall document the specific reasons in the procurement file.
The reverse auction notice shall include:
a. The school district’s requirements for registering prior to the opening date and time, if any;
b. The designated site on the Internet for bidder registration and bid submission;
c. A link to the designated site on the Internet;
d. The scheduled date and time for opening the reverse auction for bid submission; and
e. The scheduled date and time for closing the reverse auction for bid submission.
4. The school district shall issue the notice of reverse auction as follows:
a. Mail or otherwise furnish the notice of reverse auctions to all prospective bidders registered with the school district for the specific material being solicited.
b. Notice of reverse auction shall be given by the school district pursuant to R7-2-1022.
c. In addition to the notice provided in subsections (a) and (b), the school district may give such additional notice as the school district deems appropriate, including posting on a designated site on the Internet.
5. The school district shall prepare an invitation for bids that includes:
a. Notice that all information submitted by bidders will be made available for public inspection following the award of the contract, except for bid prices which will be made available to other bidders and the public when submitted by the bidder;
b. Information for submitting bids, including:
i. The date and time for opening the reverse auction for bid submission;
ii. The date and time for closing the reverse auction for bid submission;
iii. The provisions for extending the period for bid submission, if any;
iv. Instructions for submitting bids and other required information, including the designated site on the Internet for submitting bids;
v. Notice that bids shall be accepted electronically at the time and in the manner designated in the invitation for bids;
vi. Notice that bidders’ prices shall be disclosed electronically to other bidders and the public on a real time basis;
vii. Notice that bidders may submit multiple prices and may reduce their bid prices until the reverse auction bidding is closed;
viii. Notice that the lowest price offered shall become the official bid price;
ix. Notice that the bidder is required to certify that submission of the bid did not involve collusion or other anticompetitive practices;
x. Notice that the bidder is required to declare whether the bidder has been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body;
https://azsbe.az.gov/sites/default/files/7-02_1.pdf Public Link: Partial Authorization State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://spo.az.gov/sites/default/files/Arizona%20State%20Procurement%20Manual%20DC%20009%20r0.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://www.azleg.gov/arstitle/ Resource Public Link 1: Resource 1: Title 41. State GovernmentChapter 23. Arizona Procurement Code https://azsos.gov/rules/arizona-administrative-code Resource Public Link 2: Resource 2: Title 2. AdministrationChapter 7. Department of Administration – State Procurement Office State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://spo.az.gov/contracts State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://app.az.gov/page.aspx/en/usr/login Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw AZ ST § 41-2513 Other