Section R2-7-E303. 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. §§ 41-2533, 41-2534, 41-2538, or 41-2578 impracticable, unnecessary, or contrary to the public interest, but which is not an emergency under R2-7-E302. Procure- ments with a documented lack of available vendors in the mar- ketplace and which require an open and continuous availability of offerors may be procured by this method.

B.       An agency chief procurement officer seeking a competition impracticable procurement shall obtain the approval of the state procurement administrator before proceeding. The state procurement administrator may delegate this authority to the agency chief procurement officer in accordance with R2-7- 202.

C.      The agency chief procurement officer shall submit a written request for approval containing the following:

1.        An explanation of the competition impracticable need and the unusual or unique situation that makes compli- ance with A.R.S. §§ 41-2533, 41-2534, 41-2538, or 41- 2578 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 state; and

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

D.      The state procurement administrator shall:

1.        Issue written approval, with any conditions or restric- tions;

2.        Request additional information from the agency chief procurement officer; or

3.        Deny the request.

E.       Before modifying the scope, duration, or cost of an approved competition impracticable procurement, the agency chief pro- curement officer shall request approval for the modifications in writing from the state procurement administrator.

F.       The agency chief procurement officer shall keep a record of all competition impracticable procurements as required by A.R.S.

§ 41-2551.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1). Amended by final

rulemaking at 18 A.A.R. 3118, effective January 7, 2013

(12-4).