Section R2-7-1002. Cooperative Purchasing Agreement Adminis- tered by an Agency Chief Procurement Officer

A.      An agency chief procurement officer shall ensure that any cooperative purchasing agreement administered for use by other eligible procurement units under A.R.S. § 41-2632 pro- vides that:

1.        Payment for materials or  services and inspection and acceptance of materials or services are the responsibility of the using eligible procurement unit;

2.        Failure of an eligible procurement unit to secure perfor- mance from the contractor in accordance with the terms and conditions of its purchase order does not necessarily require the state to exercise rights or remedies;

3.        The exercise of any rights or remedies by the eligible pro- curement unit shall be the exclusive obligation of that unit. The state, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy;

4.        The eligible procurement unit shall not use an Arizona state contract as a method for obtaining additional con- cessions or reduced prices for similar material or ser- vices; and

5.        An agency chief procurement officer may terminate with- out notice any cooperative purchasing agreement if the eligible procurement unit fails to comply with the terms of the contract.

B.       The state procurement administrator may authorize a state governmental unit to establish an Arizona state contract which may be used by designated eligible procurement units.

Historical Note

Adopted as an emergency effective January 1, 1985, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-6). Emergency expired. Permanent rule adopted effec- tive April 3, 1985 (Supp. 85-2). Section repealed; new Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).