Ariz. Admin. Code § 18-15-801

Current through Register Vol. 30, No. 50, December 13, 2024
Section R18-15-801 - Definitions

The terms of this Article, unless otherwise specified, have the following meanings:

"Award" means a determination by the Authority that it is entering into a Contract with one or more Offerors.

"Board" has the same meaning as prescribed in A.R.S. § 49-1201(2).

"Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity.

"Competitive Range" is a range of scores used by the Authority to determine whether an Offer will be considered for further evaluation after an initial susceptibility determination and the scoring of Offers received in the Solicitation process. The Authority may conduct multiple reviews and narrow or expand the Competitive Range throughout the procurement process. Those Offers that have no reasonable chance for Award when compared on a relative basis with more highly ranked Offers will not be in the Competitive Range. Offers to be considered within the Competitive Range must, at a minimum, demonstrate the following:

Affirmative compliance with mandatory requirements designated in the Solicitation.

An ability to deliver goods or services on terms advantageous to the Authority sufficient to be entitled to continue in the competition.

That the Offer as submitted is technically acceptable under the criteria set forth in the Solicitation.

"Construction" has the same meaning as prescribed in A.R.S. § 41-2503(4).

"Contract" means all types of agreements, regardless of what they may be called, for any Procurement related to a Water-Related Facilities project or Water Supply Development project.

"Contractor" means any Person who has a Contract with the Authority.

"Data" means documented information, regardless of form or characteristic.

"Day" means a calendar day and time is computed under A.R.S. § 1-243, unless otherwise specified in the Solicitation or Contract.

"Director" means the Director of the Water Infrastructure Finance Authority of Arizona.

"Interested Party" means an Offeror or prospective Offeror whose economic interest is affected substantially and directly by issuance of a Solicitation, an Award or loss of an Award. Whether an Offeror or prospective Offeror has an economic interest depends upon the circumstances of each case.

"May" means something is permissive.

"Negotiation" means an exchange or series of exchanges between the Authority and an Offeror or Contractor that allows the Authority or the Offeror or Contractor to revise an Offer or Contract.

"Offer" means a response to a Solicitation.

"Offeror" means a Person who responds to a Solicitation.

"Person" means any corporation, Business, individual, union, committee, club, other organization, or group of individuals.

"Procurement":

Means buying, purchasing, renting, leasing or otherwise acquiring any materials, property, services, or construction, in connection with a Water-Related Facilities project or a Water Supply Development project.

Includes all functions that pertain to obtaining any materials, services, or construction, including description of requirements, selection and Solicitation of sources, preparation and Award of Contract, and all phases of Contract administration.

Does not include providing financial assistance in the form of loans or grants.

"Procurement File" means the official records file of the Authority. The Procurement File shall include (electronic or paper) the following:

List of notified vendors;

Final Solicitation;

Solicitation amendments;

Bids and Offers;

Offer revisions;

Best and final Offers;

Negotiations;

Clarifications;

Final evaluation reports; and

Additional information, if requested by the Authority.

"Shall" means something is mandatory.

"Solicitation" means any Solicitation method authorized under A.R.S. § 49-1212, issued by the Authority to invite a Person to submit an Offer.

"Subcontractor" means a Person who contracts to perform work or render service to a Contractor or to another Subcontractor as a part of a Contract with the Authority.

"Trade Secret" means information, including a formula, pattern, device, compilation, program, method, technique, or process, that is the subject of reasonable efforts to maintain its secrecy and that derives independent economic value, actual or potential, as a result of not being generally known to and not being readily ascertainable by legal means.

"Water-Related Facilities" has the same meaning as prescribed in A.R.S. § 49-1201(21).

"Water Supply Development" has the same meaning as prescribed in A.R.S. § 49-1201(22).

Ariz. Admin. Code § R18-15-801

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