Current through Register Vol. 30, No. 38, September 20, 2024
A. Articles 10 and
11 apply to every expenditure of public monies, including federal assistance
monies and grants, by a school district as specified in A.R.S. §
15-213(A)
for the procurement of all construction,
materials and services when the total procurement cost exceeds the aggregate
dollar amount specified in A.R.S. §
41-2535(A).
If procurement involves the expenditure of federal assistance or contract
monies, the school district shall comply with federal law and authorized
regulations which are mandatorily applicable and which are not presently
reflected in Articles 10 and 11.
B.
Articles 10 and 11 apply to the disposal of school district materials
regardless of value.
C.
Articles 10 and 11 do not apply to:
1.
Agreements for providing career and technological education and vocational
education pursuant to A.R.S. §
15-789;
2. Contracts between a school district and
other governments, including intergovernmental agreements and contracts
pursuant to A.R.S. §
11-952,
except as provided by
R7-2-1191
through R7-2-1196. This exemption also includes the purchase of a fee or
license from a local, state or federal public entity required by law to collect
said fees;
3. Purchases for amounts
not exceeding the aggregate dollar amount specified in A.R.S. §
41-2535(A).
Such procurements shall comply with the guidelines prescribed by the Auditor
General in the Uniform System of Financial Records pursuant to A.R.S. §
15-271;
4. Contracts for professional witnesses if
the purpose of such contracts is to provide for professional services or
testimony relating to an existing or probable judicial or administrative
proceeding in which the school district is or may become a party;
5. Agreements negotiated by legal counsel
representing the school district in settlement of litigation or threatened
litigation;
6. Expenditures from
student activity monies as defined in A.R.S. §
15-1121,
if no district funds are involved;
7. Expenditures for governing board adopted
textbooks as defined in A.R.S. §
15-721
and A.R.S. §
15-722,
if purchased from the publisher;
8.
The placement of a pupil in a private school that provides special education
services if such placement is prescribed in the pupil's individualized
education program and the private school has been approved by the Department of
Education Division of Special Education pursuant to A.R.S. §
15-765;
9. Purchases of any products, materials and
services directly from certified nonprofit agencies that serve individuals with
disabilities as defined in A.R.S. §
41-2636,
and Arizona Correctional Industries if the delivery and quality of the
products, materials or services meet the school district's reasonable
requirements;
10. The decision to
participate in programs pursuant to A.R.S. §
15-382.
A program authorized by A.R.S. §
15-382
is not required to engage in competitive bidding for the services necessary to
administer the program or for the purchase of insurance or
reinsurance;
11. The purchase of
water, gas or electric utilities from a public service corporation. This
exemption expressly does not apply to guaranteed energy cost savings contracts
and guaranteed energy production contracts subject to A.R.S. §
15-213.01
and A.R.S. §
15-213.03;
12. Purchases of professional certifications,
professional memberships, conference registrations, conference hotels and
airfare that meets Arizona Department of Administration General Travel
Principles and Policies;
13.
Purchases, sales or leases of real estate. This exemption expressly does not
apply to the services of a real estate broker as defined in A.R.S. §
32-2101;
14. Purchases of surplus property from the
state or United States Federal Government in accordance with
R7-2-1132;
15. Purchases in
compliance with the terms and conditions of any grant, gift, bequest or
cooperative agreement; and
16. The
cost of special elections, including the preparation of ballots in accordance
with A.R.S. §
15-406.
D.
Unless displaced by the particular provisions of Articles 10 and 11, the
principles of law and equity, including the Uniform Commercial Code of this
state, the common law of contracts as applied in this state and law relative to
agency, fraud, misrepresentation, duress, coercion, and mistake supplement the
provisions of Articles 10 and 11.
