Section R7-2-1068. Contract Award

A.      As provided in subsection (B), the school district shall award a contract or contracts to the responsible offeror or offerors best qualified based on the evaluation factors set forth in the request for proposal and after making a written determination that the price is fair and reasonable. The school district shall not award a contract based solely on price. No factors or crite- ria may be used in proposal evaluation that are not set forth in the request for proposals.

B.       The school district shall award the contract to the best quali- fied offeror whose price is determined to be fair and reason- able for all services, except that the school district may make a multiple award if the request for proposals included notifica- tion that multiple contracts may be awarded, the school dis- trict’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.        Award to the best qualified offeror whose price is deter- mined to be fair and reasonable for individual line items or groups of line items.

2.        Awards to the best qualified offerors whose prices are determined to be fair and reasonable for similar or identi- cal line items or groups of line items only if the school district determines in writing that such awards are neces- sary to obtain the required quantity or delivery, and the awards are limited to the least number of offerors neces- sary to meet the school district’s requirements.

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 best qualified person whose price is deter- mined to be fair and reasonable, then to the next best qualified person whose price is determined to be fair and reasonable, etc., until the total definite quantity required is reached.

4.        Regional awards to the best qualified offerors whose prices are determined to be fair and reasonable in desig- nated regions or locations only if the school district deter- mines in writing that such an award is necessary to obtain the required quantity or delivery over widely scattered locations or a particular requirement 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.       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). Sec- tion repealed; new Section made by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015

(Supp. 15-3).

GUARANTEED ENERGY CONTRACTS