A. The procurement officer shall determine
the applicable source selection method for a procurement, estimating the
aggregate dollar amount of the contract and ensuring that the procurement is
not artificially divided, fragmented, or combined to circumvent A.R.S.
§§
5-559
and
41-2501(G).
B. If the procurement officer believes that
an existing Arizona state contract is sufficient to satisfy the Lottery's
requirements, the procurement officer may procure those materials and services
covered by such contracts.
C.
The procurement officer shall determine in writing that an
invitation for bid is not practicable or advantageous to the Lottery before
soliciting for offers for a competitive sealed proposal. An invitation for bid
may not be practicable or advantageous if it is necessary to:
1.
Use a contract other than a fixed-price
type;
2.
Negotiate with offerors concerning the technical and
price aspects of their offers and any other aspects of their offer or the
solicitation;
3.
Permit offerors to revise their offers;
or
4.
Compare the different price, quality, and
contractual factors of the offers submitted.
D.
The procurement officer may make a class determination that
it is either not practicable or not advantageous to the Lottery to procure
specified types of materials or services by invitation for bid. The procurement
officer may modify or revoke a class determination at any time.
E.C. The procurement
officer shall not award a contract or incur an obligation on behalf of the
Lottery unless sufficient funds are available for the procurement, consistent
with A.R.S. §
35-154.
If it is reasonable to believe that sufficient funds will become available for
a procurement, the procurement officer may issue a notice with the solicitation
indicating that funds are not currently available and that any contract awarded
will be conditioned upon the availability of funds.
Notes
Ariz. Admin. Code §
R19-3-506
Adopted as an emergency
effective June 5, 1985, pursuant to A.R.S. §
41-1003, valid for only 90 days (Supp. 85-3). Adopted as a permanent rule effective
August 29, 1985 (Supp. 85-4). Former Section R4-37-506 repealed, new Section
R4-37-506 renumbered from R4-37-508 and amended effective May 7, 1990 (Supp.
90-2).
R19-3-506 recodified from R4-37-506 (Supp. 95-1). Amended effective December 16, 1997
(Supp. 97-4). Section repealed; new Section made by final rulemaking at 12
A.A.R. 4495, effective January 6, 2007 (Supp. 06-4). Pursuant to authority of
A.R.S. §
41-1011(C), Laws 2010, 6th Special Session, Ch. 2, authorizes the transfer of A.R.S.
citations. Therefore the first A.R.S. citation in subsection (A) was updated.
Agency request filed September 24, 2012, Office File No. M12-343 (Supp. 12-3).
Amended by final rulemaking at 19 A.A.R. 1641, effective August 4, 2013 (Supp.
13-2). Amended by final rulemaking at
22
A.A.R. 2966, effective
11/21/2016.
