Section R19-3-537. Competition Impracticable Procurements

A.      For the purposes of this Section, “competition impracticable” means a procurement requirement exists which makes compli- ance with A.R.S. § 5-559 and these rules impracticable, unnec- essary, or contrary to the public interest, but which is not an emergency under R19-3-536. Procurements with a docu- mented lack of available vendors in the marketplace and which require an open and continuous availability of offerors may be procured by this method.

B.       The procurement officer shall make a written determination that includes the following information:

1.        An explanation of the competition impracticable need and the unusual or unique situation that makes compli- ance with A.R.S. § 5-559 and these rules impracticable, unnecessary, or contrary to the public interest;

2.        A definition of the proposed procurement process to be utilized and an explanation of how this process will foster as much competition as is practicable;

3.        An explanation of why the proposed procurement process is advantageous to the Lottery; and

4.        The scope, duration, and estimated total dollar value of the procurement need.

C.      The procurement officer shall keep a record of all competition impracticable procurements.

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 Former Section R4-37-537 repealed, new Section R4-37-537 renumbered from R4-37-541 and amended effective May 7, 1990 (Supp. 90-2). R19-3-537 recodified from R4-37-537 (Supp. 95-1). Former Section R19-3-537 renumbered to R19-3-542 and amended; new Section R19-3-537 renumbered from R19-3-533 and amended effective December 16, 1997 (Supp. 97-4). Sec- tion repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4).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 A.R.S. citations in subsec- tions (A) and (B)(1) were 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).