Arizona Administrative Code
Title 7 - EDUCATION
Chapter 2 - STATE BOARD OF EDUCATION
Article 11 - SCHOOL DISTRICT PROCUREMENT
Part XVII - MATERIALS MANAGEMENT
Section R7-2-1131 - Material Management and Disposition
Universal Citation: AZ Admin Code R 7-2-1131
Current through Register Vol. 30, No. 38, September 20, 2024
A. The school district shall ascertain or verify that materials, services, or construction items procured by the school district conform to specifications as set forth in the solicitation.
B. The school district shall determine the fair market value of excess and surplus material.
C. Disposition of surplus materials.
1. Except as provided in A.R.S. §
15-342(7)
related to sales or leases to the state, a
county, a city, another school district, or a tribal government agency, and
A.R.S. §
15-342(18)
related to the disposition of surplus or
outdated learning materials, educational equipment and furnishings, surplus
materials, regardless of value, shall be offered through competitive sealed
bids, public auction, on-line sales, established markets, trade in, posted
prices or state surplus property. If unusual circumstances render the above
methods impractical, the school district may employ other disposition methods,
including appraisal or barter, provided the school district makes a written
determination that such procedure is advantageous to the school district. Only
United States Postal Money Orders, certified checks, cashiers' checks or cash
shall be accepted for sales of surplus material unless otherwise approved by
the school district.
2. Competitive
sealed bidding.
a. Notice for sale bids shall
be publicly available from the school district at least 10 days before the due
date set for bids. Notice of the sale bids shall be provided to prospective
bidders, including those bidders on lists maintained by the school district
pursuant to
R7-2-1023.
The notice for sale bids shall list the materials offered for sale, their
location, availability for inspection, the terms and conditions of sale and
instructions to bidders including the bid due date and time. Bids shall be
opened publicly pursuant to the requirements of
R7-2-1029.
b. The award shall be made in accordance with
the provisions of the notice for sale bids to the highest responsive and
responsible bidder, provided that the price offered by such bidder is
acceptable to the school district. If the school district determines that the
bid is not advantageous to the school district, the school district may reject
the bids in whole or in part and may resolicit bids or the school district may
negotiate the sale, provided that the negotiated sale price is higher than the
highest responsive and responsible bidder's price.
3. Auctions shall be advertised in the
official newspaper of the county as prescribed in A.R.S. §
11-255
or a newspaper of general circulation, in accordance with A.R.S. §
41-2533.
The publication shall not be less than 14 days before the auction date. All the
terms and conditions of any sale shall be available to the public at least 24
hours prior to the auction date. The school district or any agent acting on the
school district's behalf may also advertise the auction in any other manner
determined advantageous to the school district.
4. Internet-based on-line sales shall not be
subject to the advertisement requirements in subsection (C)(3). For such
disposal services, the school district shall post and maintain a notice
explaining the use of Internet-based on-line sales on a designated site on the
Internet. The notice shall include:
a. The
name of the on-line sales provider and the designated site on the Internet
where potential buyers may obtain information or participate in the on-line
auctions;
b. A link to the
Internet-based on-line sales service;
c. A link to the terms and conditions of
sale;
d. Instructions for bidding
on the Internet-based on-line sales site; and
e. A period of not less than 14 days for each
Internet-based on-line sale during which persons may submit offers to purchase
the specified materials.
5. Before surplus materials are disposed of
by trade-in to a vendor for credit on an acquisition, the school district shall
approve such disposal. The school district shall base this determination on
whether the trade-in value is expected to exceed the value realized through the
sale or other disposition of such materials.
6. An employee of the school district or a
governing board member, or an employee of a school district's agent conducting
an auction on behalf of the school district, shall not directly or indirectly
purchase or agree with another person to purchase surplus property if said
employee or board member is, or has been, directly or indirectly involved in
the purchase, disposal, maintenance, or preparation for sale of the surplus
material.
7. State surplus property
manager. The school district may enter into an agreement with the State Surplus
Property Manager for the disposition of materials pursuant to Article 8 of the
Arizona Procurement Code (A.R.S. §
41-2601 et
seq.) and the rules adopted thereunder.
8. Pursuant to A.R.S. §
15-342(35),
a school district may offer to sell outdated learning materials, educational
equipment or furnishings at a posted price commensurate with the value of the
items to pupils who are currently enrolled in that school district before those
materials are offered for public sale.
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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