Section R7-2-1041. Competitive Sealed Proposals

A.      This Section does not apply to procurement of services of clergy, certified public accountants, physicians, dentists, and legal counsel, construction, construction services, or specified professional services. Services of clergy, certified public accountants, physicians, dentists and legal counsel shall be procured pursuant to R7-2-1061 through R7-2-1068. Con- struction and construction services shall be procured as pro- vided in R7-2-1100. Specified professional services shall be procured pursuant to R7-2-1117 through R7-2-1123.

B.       As an alternative to competitive sealed bidding, competitive sealed proposals may be used in order to:

1.        Use a contract other than a fixed-price type;

2.        Conduct oral or written discussions with offerors con- cerning technical and price aspects of their proposals;

3.        Afford offerors an opportunity to revise their proposals;

4.        Compare the different price, quality, and contractual fac- tors of the proposals submitted; or

5.        Award a contract in which price is not the determining factor.

C.      A school district may conduct competitive sealed proposals electronically, provided that the electronic competitive sealed

proposals process complies with the requirements of R7-2- 1041 through R7-2-1050. A determination  that conducting competitive sealed proposals electronically is advantageous to the school district shall be in writing and retained in the pro- curement file.

D.      When using electronic competitive sealed proposals, the school district shall determine whether electronic submission of proposals is required or optional and state the electronic submission requirements in the public notice and the request for proposals.

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).