Section R7-2-1050. Contract Award

A.      As provided in subsection (B), the school district shall award a contract or contracts to the responsible offeror or offerors whose proposal or proposals are determined in writing to be most advantageous to the school district based on the factors set forth in the request for proposals. No factors or criteria may be used in proposal evaluation that are not set forth in the request for proposals. The amount of any applicable transac- tion privilege or use tax of a political subdivision of this state is not a factor in determining the most advantageous proposal.

B.       The school district shall award the contract to the offeror whose proposal is deemed most advantageous to the school district for all materials or services, except that the school dis- trict may make a multiple award if the request for proposals included notification that multiple contracts may be awarded, the school district’s basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts.

C.      Before making a multiple award, the school district shall determine in writing that a multiple award is necessary and is advantageous to the school district and shall establish proce- dures for the use of the multiple awarded contracts to ensure that purchases are made from the contracts determined by the school district to be most advantageous to the school district in satisfying the school district’s requirements. A multiple award shall be limited to the least number of contracts the school dis- trict determines in writing to be necessary to meet the school district’s requirements, and may include the following types of awards:

1.        Awards to the offerors most advantageous to the school district for individual line items or groups of line items.

2.        Awards to the offerors most advantageous to the school district for similar or identical line items or groups of line items only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery, and the awards are limited to the least number

of offerors necessary to meet the school district’s require- ments.

3.        An incremental award only if the school district deter- mines in writing that such an award is necessary to obtain the required  quantity or delivery. The award shall be made to the offeror whose proposal is determined to be the most advantageous to the school district, then to the offeror with the next most advantageous proposal, etc., until the total definite quantity required is reached.

4.        Regional awards to the offerors most advantageous to the school district in designated regions or locations only if the school district determines in writing that such awards are necessary to obtain the required quantity or delivery over widely scattered locations or a particular require- ment is of a local nature.

D.      The school district shall notify all offerors of an award.

E.       The procurement file shall contain the basis on which the award or awards are made.

F.       After a contract is awarded, the school district shall return any bid security provided by the unsuccessful offerors.

G.      Upon execution of the contract, if performance and payment bonds were  not required,  or upon  receipt of  the specified bonds, if performance and payment bonds were required, the school district shall return any bid security provided by the successful offeror.

H.      Within 10 days after a contract is awarded, the school district shall make the procurement file, including all proposals, avail- able for public inspection.

1.        If the procurement file contains information that is confi- dential under R7-2-1006, a copy of the applicable docu- ments with the confidential information redacted shall be placed in the procurement file for the purpose of public inspection.

2.        The unredacted original copy of the confidential informa- tion shall be placed in a sealed envelope or other appro- priate container, identified as confidential information, and maintained in the procurement file.

Historical Note

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

Amended effective October 22, 1992 (Supp. 92-4). Amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).