Section R19-3-506. Source Selection Method: Determination Factors

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 procure-

ment is not artificially divided, fragmented, or combined to circumvent A.R.S. §§ 5-559 and 41-2501(F).

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 ser- vices covered by such contracts.

C.      The procurement officer shall determine in writing that an invitation for bid is not practicable or advantageous to the Lot- tery before soliciting for offers for a competitive sealed pro- posal. 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 fac- tors 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.       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.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant 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 Former Section R4-37-506 repealed, new Section R4-37-506 renumbered from R4-37-508 and amended effective May 7, 1990 (Supp. 90-2).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 effec- tive 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 Section repealed; new Section made by final rulemaking at 12 A.A.R.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).