Ariz. Admin. Code § 18-15-802

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-15-802 - Solicitations

A. A Procurement for a Water-Related Facilities project or a Water Supply Development project shall commence by issuing a Solicitation. The Solicitation shall be developed in consultation with the Arizona Department of Administration.

B. The Authority shall issue a Solicitation at least 14 days before the Offer due date and time, unless the Authority determines a shorter time is necessary for a particular Procurement. The Solicitation shall be posted at a designated site on a worldwide public network of interconnected computers and may also be distributed in any other manner deemed appropriate by the Authority. If a shorter time is necessary, the Authority shall document the specific reasons in the Procurement File.

C. Offers shall be opened on the date and time designated in the Solicitation. The name of each Offeror shall be recorded in accordance with procedures adopted by the Authority. All other information contained in the Offers shall be confidential to avoid disclosure of contents prejudicial to competing Offerors during the process of Negotiation. The Authority has determined that the only way to ensure best value is through a competitive Procurement process in which Offers are kept confidential during the Procurement process as described herein. This confidential Negotiation process allows the Authority to get the best possible value in each of its separate Negotiations with Offerors. The Offers shall be open for public inspection after Contract Award. To the extent the Offeror designates, and the Authority concurs, Trade Secrets or other proprietary Data contained in the Offer documents shall remain confidential in accordance with procedures adopted by the Authority.

D. The Solicitation shall state the relative importance of price and other evaluation factors. Specific numerical weighting is not required.

E. The Authority may require the submission of security to guarantee faithful bid and Contract performance. The amount and type of security required for each Contract shall be in the sole discretion of the Authority. The requirement for security shall be included in the Solicitation.

F. The Authority shall include the following in the Solicitation:

1. Instructions to Offerors, including:

a. Instructions and information to Offerors concerning the Offer submission requirements, Offer due date and time, the location where Offers will be received, and the Offer acceptance period;

b. The deadline date for requesting a substitution or exception to the Solicitation;

c. The manner by which the Offeror is required to acknowledge amendments;

d. The minimum information required in the Offer;

e. The specific requirements for designating Trade Secrets and other proprietary information as confidential;

f. Any specific responsibility or susceptibility criteria;

g. Whether the Offeror is required to submit samples, descriptive literature, and technical Data with the Offer;

h. Evaluation factors and the relative order of importance;

i. A statement of where documents incorporated by reference are available for inspection and copying;

j. A statement that the Authority may cancel the Solicitation or reject an Offer in whole or in part;

k. Certification by the Offeror that submission of the Offer did not include collusion or other anticompetitive practices;

l. That the Offeror is required to declare whether the Offeror has been debarred, suspended, or otherwise lawfully prohibited from participating in any public Procurement activity, including, but not limited to, being disapproved as a Subcontractor of any public Procurement unit or other governmental body;

m. Any Offer security required;

n. The means required for submission of Offer. The Solicitation shall specifically indicate whether hand delivery, U.S. mail, electronic mail, facsimile, or other means are acceptable methods of submission;

o. Any cost or pricing Data required;

p. The type of Contract to be used;

q. A statement that Negotiations may be conducted with Offerors reasonably susceptible of being selected for Award and that fall within the Competitive Range; and

r. Any other Offer requirements specific to the Solicitation.

2. Specifications, including:

a. Any purchase description, specifications, delivery or performance schedule, and inspection and acceptance requirements;

b. If a brand name or equal specification is used, instructions that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. The Solicitation shall state that products substantially equivalent to those brands designated shall qualify for consideration; and

c. Any other specification requirements specific to the Solicitation.

3. Terms and Conditions, including:

a. Whether the Contract is to include an extension option; and

b. Any other Contract terms and conditions.

Ariz. Admin. Code § R18-15-802

New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.