Arizona Administrative Code
Title 7 - EDUCATION
Chapter 2 - STATE BOARD OF EDUCATION
Article 11 - SCHOOL DISTRICT PROCUREMENT
Part XIV - PROCUREMENT OF CONSTRUCTION
Section R7-2-1106 - Procurement of Construction Using Alternative Project Delivery Methods
Universal Citation: AZ Admin Code R 7-2-1106
Current through Register Vol. 30, No. 38, September 20, 2024
A. A school district may use an alternative project delivery method if it determines in writing that such alternative project delivery method is advantageous to the school district. The following factors may be used for such determination:
1. Cost and cost control method;
2. Value engineering;
3. Market conditions;
4. Schedule;
5. Required specialized expertise;
6. Technical complexity of the project;
or
7. Project management.
B. Use of alternative project delivery methods
1. Alternative project
delivery methods for construction services shall be procured as provided in
R7-2-1100.
2. For design-build construction services and
construction-manager-at-risk construction services, the school district is
limited to one contract per procurement.
a.
Alternatively, for construction-manager-at-risk construction services, a school
district may elect separate contracts for preconstruction services during the
design phase, for construction during the construction phase and for any other
construction services.
b.
Alternatively, for design-build construction services, a school district may
elect separate contracts for preconstruction services and design services
during the design phase, for construction and design services during the
construction phase and for any other construction services.
c. If the school district enters into the
first contract for preconstruction services or construction services the
procurement ends. After execution of that first contract the school district
may not use the procurement or the existing final list in the procurement as
the basis for entering into a contract with any other person that participated
in the procurement.
3.
For job-order-contracting construction services, the school district may award
a single contract, or multiple contracts for similar job-order-contracting
construction services to be awarded to separate persons. If the school district
enters into the number of contracts specified under the request for
qualifications, the procurement ends. After that time the school district may
not use the procurement or any existing final list in the procurement as the
basis for entering into a contract with any other person that participated in
the procurement.
4. All
construction-manager-at-risk construction services or design-build construction
services included in a procurement shall be limited to construction services to
be performed at a single location, a common location or, if the construction
services are all for a similar purpose, multiple locations. For
construction-manager-at-risk construction services and design-build
construction services to be performed at multiple locations:
a. At the time the request for qualifications
is issued, the school district shall intend to commence all construction at
each location within thirty months after execution of the first contract for
preconstruction services or other construction services at any of the
locations.
b. The request for
qualifications shall include the information described in
R7-2-1108(B)(2).
5. The school district and the
selection committee shall not request or consider fees, price, man-hours or any
other cost information at any point in the selection process under this Section
and
R7-2-1107,
R7-2-1108,
R7-2-1110,
and
R7-2-1111,
including the selection of persons to be interviewed, the selection of persons
to be on the final list, in determining the order of preference of persons on
the final list or for any other purpose in the selection process, except as
provided in
R7-2-1110(D)
and
R7-2-1111.
6. In determining the persons to participate
in any interviews, in determining the persons to be on the final list, and in
determining the order on the final list, the selection committee shall use and
consider only the criteria and weighting of criteria in the request for
qualifications. No other factors or criteria may be used in the evaluation,
determinations and other actions.
7. Notwithstanding any other provision
specifying the number of persons to be interviewed, the number of persons to be
on a final list, or any other numerical specification in
R7-2-1106
through
R7-2-1115:
a. If a smaller number of persons respond to
the request for qualifications or if one or more persons drop out of the
procurement so there is a smaller number of persons participating in the
procurement, the school district, as the school district determines necessary
and appropriate, may elect to proceed with the participating persons if there
are at least two participating responsive and responsible persons.
Alternatively, the school district may elect to terminate the
procurement.
b. As to a request for
qualifications to be negotiated pursuant to
R7-2-1110(D),
if only one responsive and responsible person responds to the request for
qualifications or if one or more persons drop out of the procurement so that
only one responsive and responsible person remains in the procurement, the
school district may elect to proceed with the procurement with only one person
if the governing board determines in writing that the negotiated fee is fair
and reasonable and that either other prospective persons had reasonable
opportunity to respond or there is not adequate time for a
resolicitation.
c. If a person on
the final list withdraws or is removed from the procurement and the selection
committee determines that it is advantageous to the school district, the
selection committee may replace that person on the final list with another
person that submitted qualifications in the procurement and that is selected as
the next most qualified.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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