In Articles 10 and 11, unless the context otherwise
requires:
1. "Acceptance period" means
the period of time specified in the solicitation that a bid or proposal is
irrevocable, except as specified in
R7-2-1030.
2. "Actual energy production" means the
actual amount of energy that flows from the energy production measure on an
annual basis as measured by a meter in kilowatt hours alternating
current.
3. "Advantageous to the
school district" means in the best interest of the school district, but does
not necessarily mean lowest bid/ cost.
4. "Affiliate" means any person whose
governing instruments require it to be bound by the decision of another person
or whose governing board includes enough voting representatives of the other
person to cause or prevent action, whether or not the power is exercised. It
also may include persons doing business under a variety of names, or where
there is a parent-subsidiary relationship between persons.
5. "Alternative project delivery methods for
construction" means construction-manager-at-risk, design-build, and
job-order-contracting construction services.
6. "Architect services," "engineer services,"
"land surveying services," "geologist services" and "landscape architect
services" mean those professional services within the scope of the practice of
those services as provided in A.R.S. Title 32, Chapter 1, Article 1.
7. "Award" means a determination by the
school district that it is entering into a contract with one or more bidders or
offerors.
8. "Bid" means a response
to an invitation for bids and includes an offer to contract with the school
district.
9. "Bidder" means a
person submitting a bid in response to an invitation for bids.
10. "Brand name or equal specification" means
a written description that uses one or more manufacturers' names or catalog
numbers to describe the standard of quality, performance, and other
characteristics needed to meet the school district's requirements, and that
provides for the submission of equivalent products.
11. "Brand name specification" means a
written description limited to one or more items by manufacturers' names or
catalog numbers.
12. "Business"
means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture or any other private legal entity.
13. "Change order" means a written order that
is approved by the governing board and that directs the contractor to make
changes that the changes clause of the contract authorizes the governing board
to order.
14. "Clergy" means a
minister of a religion.
15.
"Coefficient" means the contractor's price adjustment to the unit price in a
job order contract. Several coefficients may apply to the unit price
book.
16. Construction:
a. Means the process of building, altering,
repairing, improving or demolishing any school district structure or building,
or other public improvements of any kind to any public real property.
b. Construction does not include:
i. The routine operation, routine repair or
routine maintenance of existing facilities, structures, buildings or real
property.
ii. The investigation,
characterization, restoration or remediation due to an environmental issue of
existing facilities, structures, buildings or real property.
17.
"Construction-manager-at-risk" means a project delivery method in which:
a. There is a separate contract for design
services and a separate contract for construction services, except that instead
of a single contract for construction services, the school district may elect
separate contracts for preconstruction services during the design phase, for
construction during the construction phase and for any other construction
services.
b. The contract for
construction services may be entered into at the same time as the contract for
design services or at a later time.
c. Design and construction of the project may
be either:
i. Sequential with the entire
design complete before construction commences.
ii. Concurrent with the design produced in
two or more phases and construction of some phases commencing before the entire
design is complete.
d.
Finance services, maintenance services, operations services, preconstruction
services and other related services may be included.
18. "Construction services" means either of
the following for construction-manager-at-risk, design-build and
job-order-contracting project delivery methods:
a. Construction, excluding services, through
the construction-manager-at-risk or job-order-contracting project delivery
methods.
b. A combination of
construction and, as elected by the school district, one or more related
services, such as finance services, maintenance services, operations services,
design services and preconstruction services, as those services are authorized
in the definitions of construction-manager-at-risk, design-build or
job-order-contracting in this Section.
19. "Contract" means all types of agreements,
including purchase orders, regardless of what they may be called, for the
procurement of materials, services, construction or construction services, or
the disposal of materials.
20.
"Contract modification" means any written alteration in the terms and
conditions of any contract accomplished by mutual action of the parties to the
contract.
21. "Contractor" means
any person who has a contract with a school district.
22. "Cooperative purchasing" means
procurement conducted by, or on behalf of, more than one public procurement
unit.
23. "Cost" means the
aggregate cost of all materials and services, including labor performed by
school district employees.
24.
"Cost data" means information concerning the actual or estimated cost of labor,
material, overhead and other cost elements that have been actually incurred or
that are expected to be incurred by the offeror or contractor in performing the
contract.
25.
"Cost-plus-a-percentage-of-cost contract" means a contract that, prior to
completion of the work, the parties agree that the fee will be a predetermined
percentage of the cost of the work.
26. "Data" means documented information,
regardless of form or characteristic.
27. "Days" means calendar days and shall be
computed pursuant to A.R.S. §
1-243.
28. "Defective data" means data that is
inaccurate, incomplete or outdated.
29. "Dentist" means a person licensed
pursuant to A.R.S. Title 32, Chapter 11.
30. "Descriptive literature" means
information available in the ordinary course of business that shows the
characteristics, construction or operation of an item offered in a bid or
proposal.
31. "Design-bid-build"
means a project delivery method in which:
a.
There is a sequential award of two separate contracts.
b. The first contract is for design
services.
c. The second contract is
for construction.
d. Design and
construction of the project are in sequential phases.
e. Finance services, maintenance services and
operations services are not included.
32. "Design-build" means a project delivery
method in which:
a. There is a single contract
for design services and construction services, except that instead of a single
contract for design services and construction services, the school district may
elect separate contracts for preconstruction services and design services
during the design phase, for construction and design services during the
construction phase and for any other construction services.
b. Design and construction of the project may
be either:
i. Sequential with the entire
design complete before construction commences.
ii. Concurrent with the design produced in
two or more phases and construction of some phases commencing before the entire
design is complete.
c.
Finance services, maintenance services, operations services, preconstruction
services and other related services may be included.
33. "Design professional" means an individual
or firm that is registered by the state board of technical registration
pursuant to A.R.S. Title 32, Chapter 1 to practice architecture, engineering,
geology, landscape architecture or land surveying or any combination of those
professions and any person employed by the registered individual or
firm.
34. "Design professional
service contract" means a written agreement relating to the planning, design,
construction administration, study, evaluation, consulting, inspection,
surveying, mapping, material sampling, testing or other professional,
scientific or technical services furnished in connection with any actual or
proposed study, planning, survey, environmental remediation, construction,
improvement, alteration, repair, maintenance, relocation, moving, demolition or
excavation of a structure, street or roadway, appurtenance, facility or
development or other improvement to land.
35. "Design professional services" means
architect services, engineer services, land surveying services, geologist
services or landscape architect services or any combination of those services
performed by or under the supervision of a design professional or an employee
or subconsultant of the design professional.
36. "Design requirements" means at a minimum:
a. The school district's written description
of the project or service to be procured, including:
i. The required features, functions,
characteristics, qualities and properties.
ii. The anticipated schedule, including
start, duration and completion.
iii. The estimated budgets applicable to the
specific procurement for design and construction and, if applicable, for
operation and maintenance.
b. May include:
i. Drawings and other documents illustrating
the scale and relationship of the features, functions and characteristics of
the project, which shall all be prepared by a design professional who is
registered pursuant to A.R.S §
32-121.
ii. Additional design information or
documents that the school district elects to include.
37. "Design services" means
architect services, engineer services or landscape architect
services.
38. "Designee" means the
governing board member or school district employee who has been delegated
procurement authority by the governing board as specified by board
action.
39. "Detailed record" means
minutes, that shall include the date, time, place, persons in attendance and a
summary of what was said by whom and the decisions made. The minutes may be
made either in writing or by a recording.
40. "Discussions" means an exchange or series
of exchanges between the school district and a person who has submitted an
unpriced technical offer or a proposal, resulting in an opportunity for the
person to revise the unpriced technical offer or proposal prior to final
evaluation by the school district.
41. "District representative" means a
district employee or the governing board acting within the limits of the
district representative's authority. There may be more than one appointed for
different purposes and different procurements.
42. "Earth-moving, material-handling, road
maintenance and construction equipment" means a track-type tractor, motor
grader, excavator, landfill compactor, wheel tractor scraper, off-highway
truck, wheel leader or track loader, having a published manufacturer's minimum
unit list price of $50,000 or more and a minimum expected life cycle of three
years.
43. "Effective utility rate"
means the average price per kilowatt hour that a school district paid to its
utility provider for electricity service to the facility that is the subject of
the guaranteed energy production contract over the previous twelve
months.
44. "Eligible procurement
unit" means a public procurement unit, a nonprofit corporation, or an external
procurement activity.
45.
"Employee" means an individual drawing a salary from a school district and any
noncompensated individual performing personal services for any school
district.
46. "Energy baseline"
means a calculation of the amount of energy used in an existing facility before
the installation or implementation of the energy cost savings
measures.
47. "Energy cost savings"
means one or both of the following:
a. An
estimated reduction in net fuel costs, energy costs, water costs, stormwater
fees or other utility costs, or related net operating costs, including costs
for anticipated equipment replacement and repair, from or as compared to an
established baseline of those costs.
b. An estimated revenue increase associated
with additional facility use or the use of improved meters or other measuring
devices due to improvements included in the guaranteed energy cost savings
contract.
47.
48. "Energy cost savings measure" means a training
program or facility alteration designed to reduce energy consumption, which may
include one or more of the measures authorized in A.R.S. §
15-213.01,
and any related meters or other measuring devices.
48.
49. "Energy production
measure" means renewable and alternative energy projects or renewable energy
power service agreements.
49.
50. "Established
catalog price" means the price included in a catalog, price list, schedule or
other form that:
a. Is regularly maintained by
a manufacturer, distributor or contractor.
b. Is either published or otherwise available
for inspection by customers.
c.
States prices at which sales are currently or were last made to a significant
number of any category of buyers or buyers constituting the general buying
public for the materials or services involved.
50.
51.
"Excess materials" means any materials which have a remaining useful life but
which are no longer required by the using school district in possession of the
materials.
51.
52. "External procurement activity" means any buying
organization not located in this state that would qualify as a public
procurement unit.
52.
53. "Fair market value" means the price at which sales
have been consummated for materials of like type, quality, and quantity in a
particular market at the time of acquisition.
53.
54. "Filed" means
delivery to the district representative, school district or its hearing
officer, whichever is applicable. A time/date stamp affixed to a document by
the school district shall be determinative of the time or delivery for purposes
of filing.
54.
55. "Finance services" means financing for a
construction services project.
55.
56. "General Services
Administration contract" means contracts awarded by the United States
government General Services Administration.
56.
57. "Gift or benefit"
means a payment, distribution, expenditure, advance, deposit or donation of
monies, any intangible personal property or any kind of tangible personal or
real property that is not of nominal value such as a greeting card, t-shirt,
mug or pen. Gift or benefit does not include either:
a. Food or beverage.
b. Expenses or sponsorships relating to a
special event or function to which individuals involved in procurement and
purchasing are invited.
57.
58. "Governing board"
has the meaning defined in A.R.S. §
15-101.
58.
59.
"Governing instruments" means legal documents that establish the existence of
an organization and define its powers, including articles of incorporation or
association, constitution, charter, by-laws, or similar documents.
59.
60.
"Guaranteed energy cost savings contract" means a contract for implementing one
or more energy cost savings measures.
60.
61. "Guaranteed energy
price" means the agreed on price to be charged to the school district for each
kilowatt hour alternating current of actual energy production as such may
change on an annual basis as set forth in the guaranteed energy production
contract.
61.
62. "Guaranteed energy production" means the amount of
energy, measured in kilowatt hours alternating current, that the qualified
provider guarantees for each year of the guaranteed energy production
contract.
62.
63. "Guaranteed energy production contract" means a
contract for implementing one or more energy production measures between one or
more qualified providers and a school district.
63.
64. "Guaranteed energy
production shortfall" means the amount, if any, that the actual energy
production is less than the guaranteed energy production in any given
year.
64.
65. "Incremental award" means an award of portions of
a definite quantity requirement to more than one contractor. Each portion is
for a definite quantity and the sum of the portions is the total definite
quantity required.
65.
66. "Interested party" means an actual or prospective
bidder or offeror whose economic interest may be affected substantially and
directly by the issuance of a solicitation, the award of a contract or by the
failure to award a contract. Whether an actual or prospective bidder or offeror
has an economic interest will depend upon the circumstances of each
case.
66.
67. "Internet" means the international computer
network of both federal and nonfederal interoperable packet switched data
networks, including the graphical subnetwork called the world wide
web.
67.
68. "Invitation for bids" means all documents, whether
attached or incorporated by reference, which are used for soliciting bids in
accordance with the procedures prescribed in
R7-2-1024.
68.
69.
"In writing" has the same meaning as "written" or "writing" in A.R.S. §
47-1201,
which includes printing, typewriting, electronic transmission, facsimile, or
any other intentional reduction to tangible form.
69.
70.
"Job-order-contracting" means a project delivery method in which:
a. The contract is a requirements contract
for indefinite quantities of construction.
b. The construction to be performed is
specified in job orders issued during the contract.
c. Finance services, maintenance services,
operations services, preconstruction services, design services and other
related services may be included.
70.
71. "Legal counsel"
means a person licensed as an attorney by the Arizona Supreme Court.
71.
72.
"Life cycle" means the useful life of the earth-moving, material-handling, road
maintenance and construction equipment to the original using school
district.
72.
73. "Local public procurement unit" means any
political subdivision, any agency, board, department or other instrumentality
of such political subdivision, and any nonprofit corporation created solely for
the purpose of administering a cooperative purchase under Articles 10 and
11.
73.
74. "Maintenance services" means routine maintenance,
repair and replacement of existing facilities, structures, buildings or real
property.
74.
75. "Materials" means all property, including
equipment, supplies, printing, insurance and leases of property, but does not
include land, a permanent interest in land or real property or leasing
space.
75.
76. "May" denotes the permissive.
76.
77.
"Minor" means mistakes, excluding judgmental errors, that have negligible
effect on price, quantity, quality, delivery or other contractual terms and the
waiver or correction of such mistake does not prejudice other bidders or
offerors.
77.
78. "Multiple award" means award of multiple contracts
for identical or similar materials or services to more than one bidder or
offeror.
78.
79. "Multistep sealed bidding" means a 2-phase process
consisting of a technical first phase composed of one or more steps in which
bidders submit unpriced technical offers to be evaluated by the school district
and a second phase in which those bidders whose technical offers are determined
to be acceptable during the first phase have their price bids
considered.
79.
80. "Negotiation" means an exchange or series of
exchanges between the school district and a person with a goal of establishing
the terms, conditions and prices in a contract between the school district and
the person, where such negotiation is authorized in Articles 10 and
11.
80.
81. "Nonexpendable materials" means all tangible
materials which have an original acquisition cost over an amount set by
regulation and a probable useful life of more than one year.
81.
82.
"Nonprofit corporation" means any nonprofit corporation as designated by the
Internal Revenue Service under section 501(c)(3) through 501(c)(6) or under
section 115, if created by two or more local public procurement units, and
includes certified nonprofit agencies that serve individuals with disabilities
as defined in A.R.S. §
41-2636.
82.
83.
"Offeror" means a person submitting a proposal in response to a request for
proposals.
83.
84. "Operations services" means routine operation of
existing facilities, structures, buildings or real property.
84.
85.
"Outright purchase" means the initial cost to the school district for the
earth-moving, material-handling, road maintenance and construction equipment,
including all vendor charges and financing costs.
85.
86. "Owner" means the
school district.
86.
87. "Paper" means newspaper, high-grade office paper,
fine paper, bond paper, offset paper, xerographic paper, duplicator paper and
related types of cellulosic material containing not more than ten percent by
weight or volume of noncellulosic material such as laminates, binders, coatings
or saturants.
87.
88. "Paper product" means paper items or commodities,
including paper napkins, towels, corrugated paper and related types of
cellulosic products containing not more than ten percent by weight or volume of
noncellulosic material such as laminates, binders, coatings or
saturates.
88.
89. "Person" means any corporation, business,
individual, union, committee, club, other organization or group of
individuals.
89.
90. "Physician" means a person licensed pursuant to
A.R.S. Title 32, Chapters 7, 8, 13, 14, 15.1, 16, or 17.
90.
91.
"Post-consumer material" means a discard generated by a business or residence
that has fulfilled its useful life. Post-consumer material does not include
discards from industrial or manufacturing processes.
91.
92. "Posted prices"
means the sale price determined by the school district to be fair market
value.
92.
93. "Preconstruction services" means services and
other activities during the design phase.
93.
94. "Pricing data"
means information concerning prices, including profit, for materials, services
or construction substantially similar to those being procured under a contract
or subcontract. In this definition, "prices" refers to offered selling prices,
historical selling prices or current selling prices of the items being
purchased.
94.
95. "Prime contractor" means a general contractor, who
contracts with a property owner and, in turn, employs a subcontractor, or
subcontractors, to perform some or all of the work.
95.
96. "Procurement"
means buying, purchasing, renting, leasing or otherwise acquiring any
materials, services, construction or construction services. Procurement also
includes all functions that pertain to the obtaining of any material, service,
construction, or construction services, including description of requirements,
selection and solicitation of sources, preparation and award of contract, and
all phases of contract administration.
96.
97. "Procurement file"
means the official procurement records of the school district containing the
following:
a. List of notified
vendors.
b. Procurement disclosure
statements.
c. Final
solicitation.
d. Solicitation
amendments.
e. Bids and
offers.
f. Offer revisions and best
and final offers.
g.
Discussions.
h.
Clarifications.
i. Final evaluation
reports.
j. Additional information,
as necessary.
97.
98. "Proposal" means a
response to a request for proposals and includes an offer to contract with the
school district.
98.
99. "Proprietary specification" means a specification
that describes a material made and marketed by a person having the exclusive
right to manufacture and sell such material and excludes other material with
similar quality, performance or functional characteristics from being
responsive to the solicitation.
99.
100. "Public
procurement unit" means either a local public procurement unit, the Arizona
Department of Administration, any other state or an agency of the United
States.
100.
101. "Public service corporation" means all
corporations other than municipal engaged in furnishing gas, electricity, or
water and subject to regulation as a utility by the Arizona Corporation
Commission.
101.
102. "Purchase description" means the words used in a
solicitation to describe the materials, services or construction for purchase
and includes specifications attached to, or made a part of, the
solicitation.
102.
103. "Purchase requisition" means that document, or
electronic transmission, whereby a school district requests that a contract be
entered into for a specific need, and may include, but is not limited to, the
description of the requested item, delivery schedule, transportation data,
criteria for evaluation, suggested source of supply and information supplied
for the making of any written determination required by Articles 10 and
11.
103.
104. "Qualified products list" means an approved list
of materials or construction items described by model or catalog numbers that,
prior to competitive solicitation, the governing board has determined will meet
the applicable specification requirement.
104.
105. "Qualified
select bidders list" means a selection process for establishing a list of
best-qualified prime contractors or construction material suppliers for a
specific, single project. The selection process is based upon listed evaluation
criteria and conducted through a request for qualifications. Once the selection
process is complete, the qualified bidders are invited to submit a sealed
competitive bid based upon architectural/engineering plans and specifications
or material specifications.
105.
106. "Reasonably
susceptible of being awarded a contract" means those proposals that the school
district determines are subject to award after the initial review of all
original proposals.
106.
107. "Recycled paper" means paper products which have
been manufactured from materials otherwise destined for the waste stream and
which contain at least forty percent recovered wastepaper with ten percent of
that being post-consumer material.
107.
108. "Regional award"
means an award of portions of the total requirement by geographic
region.
108.
109. "Request for information" means all documents
issued to vendors for the sole purpose of seeking information about the
availability in the commercial marketplace of materials or services.
109.
110.
"Request for proposals" means all documents, whether attached or incorporated
by reference, which are used for soliciting proposals in accordance with
procedures prescribed in
R7-2-1042.
110.
111.
"Request for qualifications" means all documents, whether attached or
incorporated by reference, which are used for soliciting statements of
qualifications in accordance with procedures prescribed in
R7-2-1101,
R7-2-1106,
R7-2-1108 or
R7-2-1117.
111.
112.
"Residual value" means the guaranteed minimum market value of the earth-moving,
material-handling, road maintenance and construction equipment at the end of
the life cycle of the equipment being procured, as determined by a guaranteed
minimum value offered by the vendor or other parties in its bid.
112.
113.
"Responsible bidder or offeror" means a person who at the time of contract
award has the capability to perform the contract requirements and the integrity
and reliability which will assure good faith performance.
113.
114.
"Responsive bidder or offeror" means a person who submits a bid or proposal
which conforms in all material respects to the invitation for bids or request
for proposals.
114.
115. "Reverse auction" means a procurement method in
which bidders are invited to bid on supplying specified materials over the
Internet in a real-time competitive bidding event.
115.
116. "School
district" has the meaning defined in A.R.S. §
15-101,
whose authority is exercised by the governing board or its designee.
116.
117.
"Services" means the furnishing of labor, time or effort by a contractor or
subcontractor that does not involve the delivery of a specific end product
other than required reports and performance. Services does not include
employment agreements or collective bargaining agreements.
117.
118.
"Shall" denotes the imperative.
118.
119. "Solicitation"
means an invitation for bids, an invitation to submit technical offers, a
request for proposals, a request for qualification, or any other invitation or
request by which the school district invites a person to participate in a
procurement.
119.
120. "Specification" means any description of the
physical or functional characteristics, or of the nature of a material, service
or construction item. Specification may include a description of any
requirement for inspecting, testing or preparing a material, service or
construction item for delivery.
120.
121. "Specified
professional services" means services of an architect, engineer, land surveyor,
assayer, geologist and landscape architect and any combination of those
services.
121.
122. "Standard commercial material" means material
that, in the normal course of business, is customarily maintained in stock or
readily available by a manufacturer, distributor or dealer for the marketing of
such material.
122.
123. "Statement of qualifications" means a response to
a request for qualifications issued pursuant to
R7-2-1101,
R7-2-1106,
R7-2-1108 or
R7-2-1117, or unsolicited qualifications submitted pursuant to
R7-2-1062 or
R7-2-1122, and does not include an offer to contract with the school
district.
123.
124. "Subcontractor" means a person who contracts to
perform work or render service to a contractor or to another subcontractor as a
part of a contract with a school district.
124.
125. "Subconsultant"
means any person, firm, partnership, corporation, association or other
organization or a combination of any of them, that has a direct contract with a
design professional or another subconsultant to perform a portion of the work
under a design professional service contract.
125.
126. "Surplus
materials" means any materials that no longer have any use to the school
district or materials acquired from the United States government. This includes
obsolete materials, scrap materials and nonexpendable materials that have
completed their useful life.
126.
127. "Suspension"
means an action taken by the governing board under
R7-2-1168 temporarily
disqualifying a person from participating in school district
procurements.
127.
128. "Technical offer" means unpriced written
information from a prospective contractor stating the manner in which the
prospective contractor intends to perform certain work, its qualifications and
its terms and conditions.
128.
129. "Total life
cycle cost" means total school district costs and financing costs throughout
the life cycle of the earth-moving, material-handling, road maintenance and
construction equipment being purchased less residual value.
129.
130.
"Total school district costs" means costs to the school district for the
earth-moving, material-handling, road maintenance and construction equipment,
including repair costs, present value of monies, vendor charges, and all other
identifiable school district costs that may be incurred.
130.
131.
"Unit price" means the price published in the unit price book for a specific
construction or construction related task. Each unit price is comprised of
labor, equipment, or material costs to accomplish a specific task, and shall be
defined in the contract.
131.
132. "Unit price
book" means a comprehensive listing of specific construction related tasks
together with a specific unit of measurement and a unit price.
132.
133.
"Vendor charges" means the costs of all vendor support, materials,
transportation, and all other identifiable costs associated with the vendor's
proposal or bid.
133.
134. "Vendor support" means services provided by the
vendor for items such as consulting, education and training.
134.
135.
"Wastepaper" means recyclable paper and paperboard, including high-grade office
paper, computer paper, fine paper, bond paper, offset paper, xerographic paper,
duplicator paper and corrugated paper.
