Section R7-2-1003. General Provisions

A.      The school district shall not award a contract or incur an obli- gation on behalf of the school district unless it is reasonable to believe sufficient funds will be available for the procurement. If sufficient funds are not available when a solicitation is issued, the solicitation shall include a statement that funds are not currently available and that any contract awarded will be conditioned upon the availability of funds.

B.       Any bid or proposal that is conditioned upon award to the bid- der or offeror of both the particular contract being solicited and another school district contract shall be deemed nonre- sponsive or unacceptable.

C.      Except by mutual consent of the parties to the contract, no rule in Articles 10 and 11 may change any commitment, right or obligation of a school district or of a contractor under a con- tract in existence on the effective date of the rule.

D.      Rights and duties arising from a school district contract may only be transferred, waived or assigned upon the express writ- ten consent of both parties.

E.       School district employees and public officers shall not pur- chase construction, materials or services for their own per- sonal or business use from contracts entered into by the school district.

F.       If a contractor requests to change the name in which it holds a school district contract, the school district may, upon receipt of a document indicating the name change, enter into a contract modification with the contractor to effect the name change. The contract modification shall provide that no other terms and conditions of the contract are changed.

G.      The school district may allow electronic media transactions, including an electronic record or electronic signature, if con- sistent with state law and advantageous to the school district.

H.      A person who serves on an evaluation committee for a pro- curement is subject to A.R.S. § 41-2616(C).

I.        No project or purchase may be divided or sequenced into sepa- rate projects or purchases in order to avoid the limits pre- scribed in Articles 10 and 11.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4).

Amended effective March 21, 1991 (Supp. 91-1).

Amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).