MARICOPA COUNTY PROCUREMENT CODE	DEPARTMENT OF MATERIALS MANAGEMENT
		Article 3	Date: 12/05/07
	SUBJECT SOURCE SELECTION AND CONTRACT AWARD

1. The following Contract types may be used by the Procurement Officer:
1. Fixed Price-Contract, except fixed Price Cost Incentive contract;
2. Lease, and
3. Lease with purchase option.
2. Any other type of Contract may be used only if the Purchasing Agency determines in writing prior to Solicitation that the use of that Contract type is permitted by law and is Advantageous to Maricopa County.

1. Fixed Price-Contract may be used if:
1. The extent and type of work necessary to meet County requirements can be reasonably specified; and
2. The Cost can be reasonably estimated.
2. A firm Fixed Price-Contract may be used if Prices Advantageous to Maricopa County can be established at the outset of the Contract.
3. .Fixed Price-Contract with Price adjustment may be used if:
1. The Solicitation for a Fixed Price-Contract with Price adjustment and the Contract specifies the basis for determining the Price adjustment; and
2. The notice of Price adjustment is given by the Contractor in the manner and within the time specified in the Contract.

1. A lease or lease-purchase Contract may be entered into only after the Procurement Officer determines in writing that:
1. A lease or lease-purchase is Advantageous to Maricopa County; and,
2. All conditions for renewal and Pricing Data are set forth in the lease or lease-purchase.
2. All leases shall be signed by the Chairman of the Board of Supervisors.
3. A purchase option in a lease may be exercised only if the lease containing the purchase option was Awarded pursuant to this Code and after the Procurement Officer determines in writing that the exercise of the purchase option is Advantageous to Maricopa County based upon estimated Costs and benefits of alternative methods of procuring comparable Commodities.

1. Time and Materials and labor hour Contracts shall, to the extent possible, contain a stated ceiling or an estimate of a contractual amount that shall not be exceeded without prior written approval of the Purchasing Agency.
2. A time and Materials or labor hour Contract may be used if the Purchasing Agency determines in writing that:
1. Personnel have been assigned to closely monitor the performance of the work; and
2. It is Advantageous to Maricopa County to use such Contract; and
3. No other Contract type is practicable.

1. If the Procurement Officer determines that a Contract is to include an option for renewal, extension, or purchase, the applicable option provisions shall be included in the Solicitation.
2. Before exercising any option for renewal, extension, or purchase the Director shall determine in writing that a new Solicitation is not more Advantageous to Maricopa County than the exercise of the particular option. The written extension justification document shall be retained in the appropriate Procurement file.
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1. If a Using Agency determines the need for a Commodity or Service, it shall submit a Purchase Request.
2. Upon receipt of a Purchase Request from a Using Agency, the Procurement Officer is authorized to determine the form and manner in which the Procurement shall be solicited.
3. The Procurement Officer shall reject a Purchase Request if, after consultation with the requesting Using Agency, the Procurement Officer determines that it is not Advantageous to Maricopa County.
4. Disagreements between a Using Agency and the Procurement Officer concerning actions taken under Subsection B or C, shall be brought to the Director for resolution.

1. If the Procurement Officer anticipates that any of the Awards described in B through D of this section will be made, the Solicitation shall include a notification of the right of Maricopa County to make such an Award and the criteria upon which such an Award will be based.
2. An Incremental Award may be made only if the Procurement Officer determines in writing that such an Award is necessary to obtain the required quantity or delivery.
3. A Multiple Award shall be made only if the Procurement Officer determines in writing that a single Award is not Advantageous to Maricopa County. A Multiple Award shall be limited to the least number of suppliers necessary to meet the requirements of the Using Agency.
4. A Regional Award may be made only if Commodity or Service is required to widely scattered locations or a particular requirement is of a local nature.
5. All Written Determinations of the Procurement Officer pertaining to any type of multiple source contracting shall be included in the appropriate Procurement file.

1. Contracts shall be Awarded by Competitive Sealed Bidding except as otherwise provided in MC1-314, MC1-341 through 343, MC1-345, MC1-347, MC1-504.A and D, and Article 13.
2. An Invitation For Bids shall be issued and shall include a Purchase Description and all contractual terms and conditions applicable to the Procurement.
3. Advertisements made for Bids shall comply with statutory requirements. The advertisement shall state where sealed Bids will be delivered, the date Bids must be received and the date and time Bids are to be opened.
4. Bids shall be opened publicly at the time and place designated in the Invitation For Bids. Bid information shall be open to public inspection in the manner prescribed by MC1-321.
5. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. Bids shall be evaluated based on the requirements set forth in the Invitation For Bids, including criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose, as prescribed in this Code. The Invitation For Bids shall set forth the evaluation criteria to be used. No criteria may be used in Bid evaluation that are not set forth in the Invitation For Bids.
6. Clarifications may be requested from any Respondent.

1. In all Competitive Sealed Bidding for Supplies, Commodities, equipment and contractual Services, the Director of Materials Management Department shall issue the Invitation For Bids.
2. In all Competitive Sealed Bidding for Construction, the County Engineer or designee, shall issue the Invitation For Bids.
3. Invitation For Bids shall be issued in sufficient time before the date and time set for Bid closing to permit free competition, unless a shorter time is deemed necessary for a particular Procurement as determined in writing, by the Director.
4. Content


1. The Invitation For Bids shall include the following:
   1. Instructions and information to Respondents concerning the Bid submission requirements, including the time and date set for Bid closing, the address of the office to which Bids are to be received, the period that the Bid shall remain open, and any other special information;
   2. The Purchase Description, Specifications, evaluation criteria, delivery or performance schedule, and inspection and acceptance requirements; and
   3. The Contract terms and conditions, including warranty and bonding or other security requirements, as applicable.

2. If the Invitation For Bids incorporates documents by reference, the Invitation For Bids shall specify where such documents may be obtained.
3. The Invitation For Bids shall require the acknowledgment by the Respondent of the receipt of all addenda issued.
4. An Invitation For Bids may require the submission of Bid samples, Descriptive Literature, technical Data and may require a demonstration, inspection or testing of a product before Award.


5. The Materials Management Department or Construction Agency shall mail or otherwise make available Invitation For Bids or notices of the availability of Invitation For Bids to all prospective Respondents.
6. A record shall be maintained of prospective Respondents notified of invitations for Bid..

1. an addendum to invitation for bids shall be issued if necessary to:
1. Make changes in the Invitation For Bids;
2. Correct defects or ambiguities; or
3. Furnish to other Respondents information given to one Respondent, if the information will assist the other Respondents in submitting Bids or if the lack of the information will prejudice the other Respondents.
2. An addendum to Invitation For Bids shall be so identified and made available to all Prospective Respondents notified of the Invitation For Bids.
3. The addendum shall require that the Respondent acknowledge receipt of the addendum
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4. Addendums shall be issued within a reasonable time before Bid closing to allow prospective Respondents to consider them in preparing their Bids. If the time and date set for Bid closing does not permit sufficient time for Bid preparation, the time and date for Bid closing shall be extended by addendum.

1. A Respondent may modify or withdraw their Bid at any time before Bid closing if the modification or withdrawal is received before the date and time set for Bid closing in the location designated in the Invitation For Bids for receipt of Bids.
2. A document concerning a modification or withdrawal of a Bid shall be retained in the appropriate Procurement file.

1. A Bid, modification or withdrawal is late if it is received at the location designated in the Invitation For Bids for receipt of Bids after the date and time set for Bid closing.
2. A late Bid, late modification or late withdrawal shall be rejected.

1. Each Bid and modification shall be time-stamped upon receipt and stored unopened in a secure place until the time and date set for Bid closing.
2. A document received that is not marked as a response to a Solicitation or does not identify the Respondent or Solicitation may be opened solely for the purpose of identification. A Record shall be made of the reason for opening it, the date and time it was opened, the Solicitation to which the Bid responded and the signature of the person who opened the document. The record shall be retained in the appropriate Procurement file.
3. Bids and addendum shall be opened publicly at the time, date and location as designated in the Invitation For Bids. The name of each Respondent, the Bid Price, and other information deemed appropriate by the Procurement Officer shall be read aloud. A Bid Abstract shall be available for public inspection as soon as practicable.
4. The Bids shall not be opened for public inspection until after a Contract has been Awarded. After Contract Award, the Bids shall be available for public inspection, except to the extent that the withholding of information is permitted or required by law or described as confidential pursuant to MC1-104.

MC1-322 MISTAKES IN BIDS

1. A Respondent may correct mistakes discovered before the date and time set for Bid closing by withdrawing or correcting the Bid as provided in MC1-319.
2. After Bid closing, a Bid mistake based on an error in judgment may not be corrected or withdrawn.
3. After Bid closing, the Procurement Officer can waive Minor Informalities in a Bid if Advantageous to Maricopa County. Any waiver must be in writing and retained in the appropriate Procurement file.
4. After Bid closing, the Director may permit a Respondent to correct or withdraw a Bid without penalty if a mistake is clearly evident on the face of the Bid.
5. After Bid closing, the Bid may not be withdrawn and may be corrected to the intended Bid if a Bid mistake and the intended Bid are evident on the face of the Bid.
6. If correction or withdrawal of a Bid after Bid closing is permitted under this section, a Written Determination shall be prepared and placed in the procurement file showing that the relief was permitted.

1. The Contract shall be Awarded to the lowest Responsive and Responsible Respondent whose Bid meets the requirements and the evaluation criteria set forth in the Invitation For Bids. Unless otherwise provided in the Invitation For Bids, Award may be made by individual line item, by group of line items, or for the aggregate total of all line items.
2. A product evaluation may be conducted to determine whether a Respondent's product is acceptable as set forth in the Invitation For Bids but not to determine whether one Respondent's product is superior to another Respondent's product. Any Respondent's Offer that does not meet the acceptability requirements shall be rejected as nonresponsive.
3. Bids shall be evaluated to determine which Respondent Offers the lowest Cost to Maricopa County in accordance with the evaluation criteria set forth in the Invitation For Bids. Only objectively measurable criteria that are set forth in the Invitation For Bids shall be applied in determining the lowest Respondent. Examples of such criteria include, but are not limited to, transportation Costs, energy Costs, ownership Costs, and other identifiable Costs or Total Life Cycle Cost formula. Evaluation factors need not be precise predictors of actual future Costs, but to the extent possible the evaluation factors shall be reasonable estimates based upon information the Procurement Officer has available concerning future use.
4. A Contract may not be Awarded to a Respondent submitting a higher quality item than that designated in the Invitation For Bids unless the Respondent is also the lowest Respondent as determined under Subsection C of this Section. The Procurement Officer may seek written Clarification of a Bid but this does not permit Negotiations with any Respondent.
5. If there are two or more low Responsive Bids from Responsible Respondents that are identical in Price and that meet all the requirements and criteria set forth in the Invitation For Bids, Award may be made by drawing lots or any random chance manner that will resolve the tie. If time permits, the Respondents involved shall be given an opportunity to attend the drawing or other random chance manner selected to resolve the tie. The drawing or other random chance manner selected shall be witnessed by at least one person other than the Procurement Officer.
6. A record showing the basis for determining the successful Respondent shall be retained in the Procurement file.
7. A written notice of Award shall be sent to the successful Respondent. The notice of Award shall be made available to the public.

MC1-324 ONLY ONE RESPONSE RECEIVED

1. The multi-step sealed bidding method may be used if the Procurement Officer determines in writing that:
1. Available specifications or Purchase Descriptions are not sufficiently complete to permit full competition without technical evaluations and Negotiations to ensure mutual understanding between each Respondent and Maricopa County;
2. Definite criteria exist for evaluation of Technical Proposals;
3. More than one technically qualified source is expected to be available; and
4. A Fixed Price-Contract will be used.
2. The Procurement Officer may hold a conference with Respondents before submission or at any time during the evaluation of the unPriced Technical Proposals.

1. Multi-Step sealed bidding shall be initiated by the issuance of an invitation to submit Technical Proposals. The invitation to submit Technical Proposals shall be issued according to MC1-316 and shall contain the following information:

1. Notice that the Procurement shall be conducted in two phases and that Priced Bids will be considered only in the second phase and only from those Respondents whose unPriced Technical Proposals are found acceptable in the first phase;
2. The best description of the Commodities or Services desired;
3. The requirements for the Technical Proposals, such as drawings and Descriptive Literature;
4. The criteria for evaluating Technical Proposals;
5. The closing date and time for receipt of Technical Proposals and the location where Proposals should be delivered or mailed; and
6. A statement that Negotiations may be held
2. The Request For Technical Proposal may be amended after the submission of the unPriced Technical Proposals. The amendment shall be distributed only to Respondents who submitted unPriced Technical Proposals, and those Respondents shall be permitted to submit new unPriced Technical Proposals or to amend the Proposals already submitted. If an amendment materially changes the Procurement, the Request For Technical Proposals shall be canceled or reissued.
3. UnPriced Technical Proposals shall not be opened publicly, but shall be opened in the presence of two or more Procurement officials. The contents of unPriced Technical Proposals shall not be disclosed to unauthorized persons.
4. UnPriced Technical Proposals shall be evaluated solely in accordance with the criteria set forth in the Request For Technical Proposal and shall be determined to be either acceptable for further consideration or unacceptable. A determination that an unPriced Technical Proposal is unacceptable shall be in writing, state the basis of the determination and be retained in the Procurement file.
5. The Procurement Officer may conduct Negotiations with any Respondent who submits an acceptable Technical Proposal. During Negotiations, the Procurement Officer shall not disclose any information derived from one unPriced Technical Proposal to any other Respondent. After Negotiations, the Procurement Officer shall establish a closing date for receipt of final Technical Proposals and shall notify in writing Respondents submitting acceptable Proposals of the closing date. The Procurement Officer shall keep a record of all Negotiations.
6. After receipt of final Technical Proposals, the Procurement Officer shall determine whether the Technical Proposals are acceptable for consideration in phase two or unacceptable. If the Procurement Officer determines a Respondent's unpriced Technical Proposal is unacceptable, the Procurement Officer shall notify that Respondent of the determination and the Respondent shall not be afforded an opportunity to amend its Technical Proposal.
7. At any time during phase one, Proposals may be withdrawn or Clarifications may be requested from Respondents.

MC1-327 PHASE TWO OF MULTI-STEP SEALED BIDDING

1. Upon completion of phase one, the Procurement Officer shall issue an Invitation For Bids and conduct phase two under MC1-316 through MC1-323 as a Competitive Sealed Bidding Procurement, except that the Invitation For Bids shall be issued only to Respondents whose final Technical Proposals were determined to be acceptable in phase one.
2. UnPriced Technical Proposals of unsuccessful Respondents shall be open to public inspection to the extent set forth in MC1-321.

1. If the Director and Procurement Officer determine in writing that the use of Competitive Sealed Bidding is either not practicable or not Advantageous to Maricopa County, a Contract may be entered into by Competitive Sealed Proposals. The Director may determine that it is either not practicable or not Advantageous to Maricopa County to procure specified types of Commodities or Services by Competitive Sealed Bidding, except that the Competitive Sealed Proposal method shall not be used for Construction Contracts.
2. Proposals shall be solicited through a Request For Proposals.
3. Public notice of the Request For Proposals shall be given in the same manner as provided in MC1-315.
4. Proposals shall be opened publicly at the time and place designated in the Request For Proposals. Only the name of each Respondent shall be publicly read and recorded. All other information contained in the Proposals shall be deemed confidential until Award or cancellation of the Solicitation. All information contained in the Proposals shall be open for public inspection after Contract Award or cancellation of the Solicitation, except those portions deemed confidential in accordance with MC1-104.
5. The Request For Proposals shall list the evaluation criteria in the order of their importance, except that one or more of the criteria may be given equal weight. Specific numerical weighting is not required.
6. Clarifications may be requested from Respondents.
7. Negotiations may be conducted with Responsible Respondents who submit Proposals determined to be reasonably susceptible to being selected for Award. Revisions may be permitted after submissions and before Award for the purpose of obtaining best and final Offers. In conducting Negotiations, there shall be no disclosure of any information derived from Proposals submitted by competing Respondents.
8. The Award shall be made to the Responsible Respondent whose Proposal is determined in writing to be the most Advantageous to Maricopa County taking into consideration the evaluation factors set forth in the Request For Proposals. No other factors or criteria may be used in the evaluation. The Contract file shall contain a Written Determination of the basis for the Award.

1. The Director may make a determination that it is either not practicable or not Advantageous to Maricopa County to procure specified types of Commodities or Services by Competitive Sealed Bidding. The Director may modify or revoke a determination at any time.
2. Competitive Sealed Bidding may not be practicable or Advantageous if it is necessary to:
1. Use other than a Fixed-Price Contract ; or
2. Conduct oral or written Negotiations with Respondents concerning aspects of their Proposals; or
3. Afford Respondents an opportunity to revise their Proposals; or
4. Compare the different Price, quality, and contractual factors of the Proposals submitted; or
5. Conduct Negitiations with one or more of the Respondents to the Solicitation
6. Award a Contract in which Price is not the determining factor.

1. Request For Proposals shall set forth those factors listed in MC1-316.D that are applicable and shall also state:

1. Type of Services or Commodities required and a description of the work involved;
2. Type of Contract to be used;
3. Contract duration;
4. Whether Cost or Price Data is required;
5. That Respondents may designate portions of the Proposal as confidential in accordance with MC1-104;
6. The Minimum information that the Proposal shall contain; and
7. The closing date and time for receipt of Proposals.
2. A Request For Proposals shall be issued at least ten days before the closing date and time for receipt of Proposals unless a shorter time is determined necessary in writing by the Director.
3. Request For Proposal forms shall be approved by the Director.
4. Addenda shall be made in accordance with MC1-318.

MC1-331 PRE-PROPOSAL CONFERENCES

1. A Proposal received after the closing date and time for receipt of Proposals is late and shall not be considered. A best and final Offer received after the closing date and time for receipt of best and final Offers is late and shall not be considered.
2. A modification of a Proposal received after the closing date and time for receipt of Proposals is late and shall not be considered.
3. A modification of a Proposal resulting from an addendum issued after the closing date and time for receipt of Proposals shall be considered if received by the closing date and time set forth in the addendum or by the closing date and time for submission of best and final Offers, whichever is applicable. A modification of a Proposal resulting from Negotiations shall be considered if received by the closing date and time set forth in the addendum, or by the closing date and time for submission of best and final Offers, whichever is applicable. If the modifications described in this Subsection are received after the respective date and time described in the Subsection, the modifications are late and shall not be considered.
4. A Proposal may be withdrawn at any time before the closing date and time set forth in the solicitation or for receipt of best and final Offers
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5. Prior to the date and time set for receipt of best and final Offers, any Respondent with whom Negitiations have been held may withdraw its Proposal or correct any mistake by modifying the Proposal.
6. After receipt of best and final Offers, a Respondent may withdraw a Proposal or correct a mistake in accordance with MC1-322.B through E.

1. Each Proposal received shall be time stamped and retained in a secure place until the closing date and time for receipt of Proposals. A register of Proposals shall be prepared and shall set forth the name of each Respondent and the identity of the Request For Proposals for which the Proposal was submitted.
2. Proposals shall be opened in the presence of a witness at the time, date and location, specified in the Solicitation. Proposals shall be shown only to Maricopa County personnel having a legitimate interest in them or persons assisting Maricopa County in evaluation.
3. If only one Proposal is received in response to a Request For Proposals, the Procurement Officer may either recommend an Award in accordance with MC1-324, cancel the Solicitation or resolicit.

1. The Director shall appoint a selection committee to evaluate the proposals and make a recommendation based on the criteria set forth in the request for proposals. No member of the Board of Supervisors or their district staff shall participate in the evaluation of Proposals.
2. Proposals shall be evaluated on the factors set forth in the Request For Proposals. No other factors or criteria may be used in the evaluation.
3. For the purpose of Negotiations, the Procurement Officer shall determine that Proposals are either reasonably susceptible of being selected for Award or unacceptable. A determination that a Proposal is unacceptable shall be in writing, state the basis of the determination and be retained in the Procurement file.

1. Concurrent Negotiations. Negotiations may be conducted concurrently with Responsible Respondents for the purpose of determining source selection and/or Contract Award.
2. . Exclusive Negotiations. A determination may be made by the Director to enter into exclusive Negotiations with the Responsible Respondent whose Proposal is determined in the selection process to be most Advantageous to the County. Exclusive Negotiations may be conducted subsequent to concurrent Negotiations or may be conducted without requiring previous concurrent Negotiations. A determination to conduct exclusive Negotiations shall not constitute a Contract Award nor shall it confer any property rights to the successful Respondent. If exclusive Negotiations are conducted and an agreement is not reached, the County may enter into exclusive Negotiations with the next highest ranked Respondent without the need to repeat the formal Solicitation process.

1. The Procurement Officer shall recommend, to the Board of Supervisors, Award of a Contract to the Respondent whose Proposal is determined in writing to be most Advantageous to Maricopa County based on the factors set forth in the Request For Proposals. The determination shall explain the basis of the Award.
2. After final Contract execution, the Proposals shall be open for public inspection except to the extent that the withholding of information is permitted or required by law. If the Respondent designates a portion of its Proposal as confidential, it shall isolate and identify in writing the confidential portions in accordance with MC1-104.

1. If the Director and Procurement Officer determine in writing that the use of Competitive Sealed Bidding or Competitive Sealed Proposals are not practicable, Advantageous or do not Offer the Best Value to Maricopa County, a Contract may be entered into through an Invitation to Negotiate. The Director shall determine that it is neither practicable, nor Advantageous to Maricopa County to procure specified types of unique Commodities or Services by Competitive Sealed Bidding or Competitive Sealed Proposals, except that the Invitation to Negotiate method shall not be used for Construction Contracts.
2. Offers shall be solicited through an Invitation to Negotiate.
3. Public notice of the Invitation to Negotiate shall be given in the same manner as provided in MC1-315.
4. Offers shall be opened publicly at the time and place designated in the Invitation to Negotiate. Only the name of each Respondent shall be publicly read and recorded. All other information contained in the Offers shall be deemed confidential until Award or cancellation of the Solicitation. All information contained in the Offers shall be open for public inspection after Contract Award or cancellation of the Solicitation, except those portions deemed confidential in accordance with MC1-104.
5. The Procurement Officer shall evaluate and determine if an Offer is acceptable. The Procurement Officer shall select one or more Respondents with which to begin Negotiations. After Negotiations are conducted, the Contract shall be Awarded to the Responsible and Responsive Respondent determined to provide the Best Value to Maricopa County. The Contract file must contain a short concise statement that explains the basis for Respondents selection and that sets forth the Respondent's deliverables and Price, pursuant to the Contract, along with a determination in writing explanation of how these deliverables and Price provide the Best Value to Maricopa County.

1. Any Procurement other than a Procurement under Article 5, which does not exceed an aggregate dollar amount of $50,000 may be made in accordance with the following procedures except that the Procurement shall be made with such competition as is practicable under the circumstances. Procurement requirements shall not be artificially divided or fragmented so as to constitute a purchase under this section and to circumvent the source selection procedures required by MC1-315, MC1-325, MC1-328, MC1-340 or MC1-347.D.3.
2. If practical, purchases estimated to Cost $35,000 or more, not exceeding $50,000, shall be made in accordance with the following procedures:
1. The Procurement Officer shall solicit written quotations by issuing a Request For Quotations to at least five vendors, if possible.
2. Respondents shall submit quotations on a form approved by the Director and the quotations shall be recorded and placed in the Procurement file.
3. The Award is made to the Respondent in accordance with the procedures for the Solicitation method chosen in MC1-341.A.
4. If only one responsive quotation is received, the purchase may be made based on that quotation upon a determination that the Price is fair and reasonable. A statement shall be included in the Contract file setting forth the basis for determining that the Contract is fair and reasonable. This determination may be based on a comparison of the proposed Price with Prices found reasonable on previous purchases or current Price lists.
5. Pricing on written quotations is to remain confidential until the transaction is complete, i.e., the purchase order is issued.
3. If practical, purchases estimated to Cost $15,000 or more, but less than $35,000, shall be made in accordance with the following procedures:
1. The Procurement Officer shall solicit written quotations by issuing a Request For Quotations to at least three vendors, if possible.
2. Respondents shall submit quotations on a form approved by the Director and the quotations shall be recorded and placed in the Procurement file.
3. The Award is made to the Respondent in accordance with the procedures for the Solicitation method chosen in MC1-341.A
4. If only one responsive quotation is received, the purchase may be made based on that quotation upon a determination that the Price is fair and reasonable. A statement shall be included in the Contract file setting forth the basis determining that the Price is fair and reasonable. This determination may be based on a comparison of the proposed Price with Prices found reasonable on previous purchases or current Price lists.
5. Pricing on written quotations is to remain confidential until the transaction is complete, i.e., the purchase order is issued.
4. If practical, purchases estimated to Cost $5,000 or more, but less than $15,000, shall be made in accordance with the following procedures:

1. The Procurement Officer shall solicit verbal quotations from at least three vendors, if possible.
2. Quotations received shall be recorded and placed in the Procurement file.
3. The Award is made to the Respondent in accordance with the procedures for the Solicitation method chosen in MC1-341.A
4. If only one responsive quotation is received, the purchase may be made based on that quotation upon a determination that the Price is fair and reasonable. A statement shall be included in the Contract file setting forth the basis for determining that the Contract is fair and reasonable. This determination may be based on a comparison of the proposed Price with Prices found reasonable on previous purchases or current Price lists.
5. Pricing on verbal quotations is to remain confidential until the transaction is complete, i.e., the purchase order is issued.
5. For purchases of less than $5,000 the Procurement Officer shall utilize procedures established by the Director providing for adequate and reasonable competition and for making records to facilitate auditing including the following:
1. Purchases less than $5,000 may utilize a single selection process based on vendor experience, stock availability and delivery requirements.
2. Pricing on telephone and written quotations is to remain confidential until the transaction is complete, i.e., the purchase order is issued.

MC1-342 SOLE SOURCE NOT EXCEEDING AN AGGREGATE AMOUNT OF FIFTY THOUSAND DOLLARS

1. The Board of Supervisors may Award a contract for a Commodity or Service without competition, based on written documentation submitted by the Using Agency that there is only one source for the required Commodity or Service. Sole source Procurement shall be avoided, except when no reasonable alternative source exists. The written documentation of the basis for the sole source Procurement shall be included in the Contract file.

1. Except as provided in MC1-342, the County Using Agency shall submit justification in writing to the Board of Supervisors that a sole source Procurement is required. Sole source Procurement shall not be used unless there is clear and convincing evidence that there is only one source. Any request by a Using Agency that a Procurement be restricted to one potential Contractor shall be accompanied by an explanation as to why no other would be suitable or acceptable to meet the need. The Using Agency requesting sole source Procurement shall provide written evidence to support a sole source determination. A requirement for a particular proprietary item does not alone justify a sole source Procurement if there is more than one potential Respondent for that item.
2. Upon prior approval of the Board of Supervisors, the Procurement Officer shall negotiate with the single supplier, to the extent practicable, a Contract Advantageous to Maricopa County.
3. The provisions of this Code apply to all sole source Procurements unless emergency conditions exist as defined in MC1-345.
4. Examples of sole source Procurements include but are not limited to:
1. Where compatibility of equipment, accessories, systems, technology, or replacement parts is a paramount consideration; or
2. Where an item is required for trial use or testing.

1. Notwithstanding any other provisions of this Code, upon declaration of an emergency or other approval as required under MC1-346, the Director may make or authorize others to make emergency Procurements if there exists a threat to public health, welfare, property or safety or if a situation exists which makes compliance with MC1-315, MC1-325 or MC1-328 impracticable, unnecessary or contrary to the public interest. Such emergency Procurements shall be made with such competition that is practicable under the circumstances. A Written Determination of the basis for the emergency and for the selection of the particular Contractor shall be included in the Contract file.
2. Emergency conditions may arise from, but are not limited to, floods, epidemics, riots or equipment failures. An emergency condition creates an immediate and serious need for Commodities, Services or Construction that cannot be met through normal Procurement methods and that seriously threatens the functioning of Maricopa County Government, the preservation of property or the public health or safety.
3. An emergency Procurement shall be limited in time and quantity to those Commodities, Services or Construction necessary to satisfy the emergency need.

1. A Using Agency seeking an emergency Procurement shall prepare a requisition documenting the existence of an emergency condition, how it arose and explaining the extent of Procurement needed. The requisition shall be approved by the elected official, department head or other designated official of the Using Agency.
2. Emergency Procurements based on a declared emergency are to include a copy of the emergency resolution with the requisition. All other emergency Procurements in excess of $50,000 must be approved by the County Administrative Officer. Those emergency Procurements not exceeding $50,000 must be approved by the Director.
3. The County Administrative Officer shall determine in writing whether to grant the request. If the requisition is approved by the County Administrative Officer, it shall be forwarded to the Materials Management Department for expeditious processing. The County Administrative Officer shall submit to the Board of Supervisors by the last business day of each month and for successive months, as applicable.
4. A copy of each requisition processed under this procedure shall be kept on file in the Using Agency requesting the emergency Procurement and the Maricopa County Materials Management Department.
5. If the nature of the emergency does not permit submission of a timely requisition, the Elected Official or Department Head may make an oral request to the County Administrative Officer who may make an oral determination and delegation. The requisition required under Subsection A shall be submitted to the County Administrative Officer for formal approval.
6. The County Administrative Officer may approve a written request subsequent to the Procurement if:
1. The emergency necessitated immediate response and it was impracticable to contact the County Administrative Officer.
2. The Procurement was made with as much competition as was practicable under the circumstances.
3. The Price paid was reasonable.
4. The request required under Subsection A was submitted to the County Administrative Officer
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MC1-347 COMPETITIVE SELECTION PROCEDURES FOR PROFESSIONAL SERVICES

1. Competitive Sealed Bidding may not be Advantageous if it is necessary to:
1. Use a Contract other than a Fixed-Price type; or
2. Conduct oral or written Negotiations with Respondents concerning technical and Price aspects of their Proposals; or
3. Afford Respondents an opportunity to revise their Response; or
4. Compare the different Price, quality, and contractual factors of the Response submitted; or
5. Award a Contract in which Price is not the only determining factor.
2. If the Purchasing Agency determines in writing that the use of Competitive Sealed Bidding is not Advantageous, the Services specified in MC1-203 may be negotiated using one of the alternative methods as set forth in subsection D.
3. Procedures for selection of A/E Consultant Services for planning and design of Construction projects are contained in Article 5 of this Code.
4. After determining that Competitive Sealed Bidding is not Advantageous, the Purchasing Agency may select one of the following Procurement procedures:
1. Competitive Sealed Proposal procedure pursuant to MC1-328; or
2. .Multiple stepped bidding pursuant to MC1-325; or
3. Review Of Qualifications of Persons interested in contracting for particular Professional Service. If this Procurement procedure is selected, it shall be conducted by a selection committee of three or more representatives of Maricopa County. One of the representatives shall be a peer of the Persons being reviewed. The selection board may select one or more qualified Persons for Contract Award at a fair and reasonable Price after reviewing:
1. The qualifications of at least three Persons from a list maintained by a Purchasing Agency and updated annually. Each Purchasing Agency is to establish procedures for maintaining and updating a list of prospective Persons who have indicated by submission a Letter of Interest in being considered for future Contracts within the scope of their professional qualifications.
2. The qualifications of all Persons submitting a Letter of Interest and a statement of qualifications in response to a public advertisement which includes the closing date for Letters of Interest and statements of qualifications.
3. Persons referred by a qualified outside professional organization that shall attest in writing to such Persons qualification and suitability to perform the Service.
4. All information other than the name of the Respondent shall remain confidential until after the Award.
5. If one of the alternative methods is used, the Procurement file must contain a written statement describing why the use of Competitive Sealed Bidding was determined to be not Advantageous.

1. Before the date and time that receipt of Responses are due, a Solicitation may be canceled in whole or in part if the Procurement Officer determines in writing that cancellation is Advantageous to the County.
2. If a Solicitation is canceled before the date and time that Responses are due, notice of cancellation shall be issued
3. Any Responses received shall be returned unopened
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1. A Bid may be rejected if:
1. The Respondent is determined to be nonresponsible pursuant to MC1-352; or
2. The Bid is nonresponsive in accordance with MC1-323.
2. A Response may be rejected if:
1. The Respondent is determined to be nonresponsible pursuant to MC1-352; or
2. The Respondent is determined nonresponsive in accordance with MC1-323 or
3. The proposed Price is unreasonable; or
4. It is otherwise not Advantageous to Maricopa County.
C.
3. Respondents whose Responses are rejected under subsection A or B of this Section shall be notified in writing of the rejection. Record of the rejection shall be made part of the Procurement file.

1. A Written Determination of nonresponsibility of a Respondent shall be made in accordance with this Code. The unreasonable failure of a Respondent to promptly supply information in connection with an inquiry with respect to responsibility shall be grounds for a determination of nonresponsibility with of the Respondent. A finding of nonresponsibility shall not be construed as a violation of the rights of any Person.
2. To the extent permitted by law, information furnished by a Respondent pursuant to this Section shall be confidential.
3. A Procurement Officer shall determine the Respondent is responsible before recommending an Award of the Contract to that Respondent.
4. Factors to be considered in determining if a Respondent is responsible include, but are not limited to:
1. The proposed Contractor’s financial, physical, personnel or other resources, including subcontracts;
2. The Respondent's length and record of performance and integrity;
3. Whether the Respondent is legally qualified to Contract with Maricopa County
4. Whether the Respondent supplied all necessary information concerning its responsibility.
5. The Procurement Officer may establish specific responsibility criteria for a particular Procurement. Any specific responsibility criteria shall be set forth in the Solicitation.
6. If a Procurement Officer determines that a Respondent is nonresponsible, the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be promptly sent to the nonresponsible Respondent. The final determination shall be made part of the Procurement file.

1. Bid, Performance Bonds and/or Payment Bonds other security may be required for Commodity or Service Contracts if the Procurement Officer determines that such requirement is Advantageous to Maricopa County. The requirement for any such bond shall be included in the Solicitation.
2. Bid or Performance Bonds shall not be used as a substitute for a determination of Respondent responsibility.
3. If a Bid is withdrawn at any time before Bid closing, any Bid security shall be returned to the Respondent.
4. Submission of Bid and C
ontract security shall comply with the requirements of section MC1-511.

1. The submission of current Cost or Pricing Data may be required in connection with an Award in situations in which analysis of the proposed Price is essential to determine that the Price is reasonable or fair. A Respondent shall, except as provided in Subsection C, submit current Cost or Pricing Data and shall certify that, to the best of the Respondent's knowledge and belief, the Cost or Pricing Data submitted was accurate, complete and current as of a mutually determined specified date before the date of either:
1. The pricing on any Contract Awarded by a Solicitation or pursuant to the sole source Procurement authority, if the Contract Price is expected to exceed an amount established by the County Using Agency.
2. The Pricing of any Change Order or Contract modification which is expected to exceed an amount established by the Procurement Officer.
2. Any Contract, Change Order or Contract modification under which a certificate is required pursuant to MC1-357 shall contain a provision that the Price to Maricopa County shall be adjusted to exclude any significant amounts by which Maricopa County finds that the Price was increased because the Respondent-furnished Cost or Price Data was incorrect, incomplete or not current as of the date agreed on between the parties. Such adjustment by Maricopa County may include profit or fee.
3. The requirements of this Section need not be applied to Contracts:
1. If the Contract Price is based on adequate Price competition; or
2. If the Contract Price is based on established catalog Prices or market Prices; or
3. If Contract Prices are set by law or regulation; or
4. If it is determined in writing in accordance with this Code that the requirements of this Section may be waived, and the reasons for the waiver are stated in writing.
4. A Change Order exceeding an amount or percentage established by this Code shall only be executed after it is determined in writing that the Change Order is Advantageous to Maricopa County.

1. Certified Cost or Pricing Data may be requested if the Procurement Officer determines in writing that:
1. The amount of an original or adjusted Price of a Contract to be Awarded by Competitive Sealed Proposals, emergency Procurement or sole source Procurement may exceed $100,000; or
2. The Price adjustment of a Contract Awarded by Competitive Sealed Bidding will result in an increase in Cost in excess of $100,000; or
3. If submission of Cost or pricing Data is otherwise Advantageous to Maricopa County.
2. Certified Cost or pricing Data shall be submitted to the Procurement Officer prior to the commencement of Price Negotiations at the time and in the manner prescribed by the Procurement Officer.

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3. In an emergency, Cost or pricing Data may be submitted at a reasonable time after the Contact is Awarded.

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4. The Respondent shall keep all Costs or Price Data submitted current until the Negotiations are concluded.
5. The requirement that Cost or pricing Data be submitted may be waived if a determination is made in writing that the waiver is Advantageous to Maricopa County.
6. A copy of all determinations that pertain to the submission of Cost or pricing Data shall be maintained in the Contract file .

1. If the Respondent fails to submit certified Cost or Pricing Data in the required form, the Procurement Officer may reject the Proposal.
2. If a Respondent fails to submit Data to support a Price adjustment in the form required, the Procurement Officer may reject the rerquested Price adjustment and set the amount.

1. The Procurement Officer may reduce the Contract Price if, upon a Written Determination, the Cost or Price Data is found to be defective.
2. The Contract Price shall be reduced in the amount of the defect plus related overhead and profit or fee if the Procurement Officer relied upon the defective Data in recommending Award of the Contract.
3. If certification of current Cost or Pricing Data is required, the Awarded Contract shall include notice of the right of Maricopa County to a reduction in Price if certified Cost or Pricing Data is subsequently determined to be defective.

1. Except with respect to firm Fixed-Price Contracts, no Contract type may be used unless it is determined in writing by the Purchasing Agency that the proposed Contractor’s accounting system is adequate to document and allocate Costs.
2. Before the Award of any Contract, except a firm Fixed-Price Contract, the Procurement Officer may determine in writing that the proposed Respondent's accounting system will permit timely development of all necessary Cost Data in the form required by the specific Contract type contemplated and is adequate to allocate Costs.

1. Unless otherwise provided by law, a Contract for Commodities or Services may be entered into for a period of time up to five years, including base and renewals, as deemed to be in the best interest of Maricopa County, if the term of the Contract and conditions of renewal or extension, if any, are included in the Solicitation, and monies are available for the first fiscal period at the time of contracting. A Contract may be entered into for a period of time exceeding five years in accordance with this Code, if the Director determines in writing that such a Contract would be Advantageous to Maricopa County. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.
2. Before the use of a multiterm Contract, it shall be determined in writing that:

1. Estimated requirements cover the period of the Contract and are reasonable and continuing.
2. Such a Contract will serve the best interest of Maricopa County by encouraging effective competition or otherwise promoting economies in Maricopa County Procurement.
3. If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the Contract shall be canceled and the Respondent may only be reimbursed for the reasonable value of any nonrecurring Costs incurred at the request of Maricopa County, but not amortized in the Price of the Commodities or Services delivered under the Contract or which are otherwise not recoverable. The Cost of cancellation may be paid from any funds available for such purposes.

MC1-362 RIGHT TO INSPECT PLANT

1. The County may, at reasonable times and places, audit the books and records of any person who submits Cost or Pricing Data or is Awarded a Cost reimbursement Contract as provided in MC1-356 to the extent that the books and records relate to the Cost or Pricing Data. Any Respondent who receives a Contract, change order or Contract modification for which Cost or Pricing Data is required shall maintain the books and records that relate to the Cost or Pricing Data for five years from the date of final payment under the Contract, unless a different period is required.
2. The County is entitled to audit the books and records of a Respondent or any subcontractor under any Contract or subcontract to the extent that the books and records relate to the performance of the Contract or subcontract . The books and records shall be maintained by the Respondent for a period of five years from the date of final payment under the prime Contract and by the subcontractors for a period of five years from the date of final payment under subcontract, unless a different period is required.

1. If for any reason collusion or other anticompetitive practices are suspected among any Respondents, a notice of the relevant facts shall be transmitted to the Director and to the State Attorney General. This section does not require a law enforcement agency conducting an investigation into such practices to convey such notice to the Director.
2. Upon submitting a Response to a Solicitation, Respondent must certify that its submission did not involve collusion or other anticompetitive practices.

1. Notwithstanding the criteria for Contract Award prescribed in MC1-315, a Contract for Information Systems or Telecommunication Systems shall be Awarded to the lowest Responsible and Responsive Respondent whose Solicitation conforms in all material respects to the requirements and criteria set forth in the Invitation For Bids, which shall include as Price evaluation criteria the Total Life Cycle Cost and Application Benefits of the Information Systems or Telecommunication Systems to the Using Agency. No factors or criteria, other than those set forth in the Solicitation, may be used in the evaluation of Bids for Information Systems or Telecommunication systems. Procedures for awarding Contracts for Information Systems or Telecommunications Systems pursuant to this subsection shall be the same as those prescribed in MC1-315.
2. Notwithstanding the criteria for Contract Award prescribed in MC1-328, a Contract for Information Systems or Telecommunications Systems shall be Awarded to the Responsible Respondent whose Proposal is determined in writing to be the most Advantageous to Maricopa County, taking into consideration the evaluation factors set forth in the Request For Proposals, which shall include as evaluation factors the Total Life Cycle Cost and Application Benefit of each Proposal. No factors or criteria, other than those set forth in the Solicitation, may be used in the evaluation of Proposals for Information Systems or Telecommunications Systems. Procedures for awarding a Contract for Information Systems or Telecommunication Systems pursuant to this subsection shall be the same as those prescribed in MC1-328.
3. Notwithstanding subsections A and B of this section, when utilizing an existing requirements Contract for one or more similar systems under this section that is awarded to more than one Respondent for Information or Telecommunications Systems, before a Using Agency acquires such a system, it shall take into account the Total Life Cycle Cost and Application Benefit of the systems in the manner that the Total Life Cycle Cost and Application Benefit are taken into account under Subsections A and B.
4. The Procurement Officer need not use all the above referenced evaluation criteria if the Procurement Officer makes a written determination to the procurement file that it has been determined the use of the specified evaluation criteria is not in the best interests of the County.

1. Notwithstanding the criteria for Contract Award prescribed in MC1-315, a Contract for Earth Moving, Material Handling, Road Maintenance and Construction Equipment shall be awarded to the lowest Responsible and Responsive Respondent whose Bid conforms in all material respects to the requirements and criteria set forth in the Solicitation, which shall include as Price evaluation criteria the Total Life Cycle Cost including residual value of the Earth Moving, Material Handling, Road Maintenance and Construction Equipment and such other additional evaluation factors set forth in the Solicitation. No factors or criteria may be used in the evaluation of Solicitations for Earth Moving, Material Handling, Road Maintenance and Construction Equipment, other than those specified in the Solicitation. The Solicitation shall include, to the extent practicable, outright purchase. The Contract Award shall be based on the Price evaluation criteria deemed by Maricopa County to the most Advantageous. Procedures for Awarding Contracts for Earth Moving, Material Handling, Road Maintenance and Construction Equipment pursuant to this subsection shall be the same as those prescribed in MC1-315.
2. Notwithstanding the criteria for Contract Award prescribed in MC1-328, a Contract for Earth Moving, Material Handling, Road Maintenance and Construction Equipment shall be awarded to the responsible Respondent whose Proposal is determined in writing to the most Advantageous to Maricopa County. The evaluation factors set forth in the Solicitation shall include the Total Life Cycle Cost including residual value and such other additional evaluation factors set forth in the Solicitation. No factors or criteria may be used in the evaluation of Proposals for Earth Moving, Material Handling, Road Maintenance and Construction Equipment, other than those specified in the Solicitation. Additional evaluation factors set forth in the Solicitation shall include, to the extent practicable, outright purchase. The Contract Award shall be based on the Price evaluation criteria deemed by Maricopa County to be most Advantageous. Procedures for awarding a Contract for Earth Moving, Material Handling, Road Maintenance and Construction Equipment pursuant to this Subsection shall be the same as those prescribed in MC1-328.
3. The Procurement officer may issue a Request for Information to obtain data about Services or Commodities available to meet a specific need. Adequate public notice shall be given as specified in MC1-315.C.
4. The Procurement Officer need not use all the above referenced evaluation criteria if the Procurement Officer makes a written determination to the procurement file that it has been determined the use of the specified evaluation criteria is not in the best interests of the County.

1. The following travel and travel related services are exempt from the competitive Procurement procedures as provided in MC1-325 and MC1-328.
1. Airline Tickets

2. Automobile Rental

3. Hotel/Motel Accommodations
2. Travel and travel related services defined above shall be procured using the Internet to obtain the lowest available fare/rate meeting the Using Agency requirements. User Agency's must use adequate and reasonable competition and must document the basis for their selection to facilitate auditing of expenditures.

1. A Purchasing Agency may enter into public-private partnership Contracts to finance the technology needs of the Purchasing Agency. The funding for Services under a public-private partnership Contract entered into pursuant to this section shall be contingent on and computed according to established performance standards and shall be attributable to the successful implementation o f the technology program for the period specified in the Contract. A Purchasing Agency may issue Requests For Information and Requests For Proposals to solicit private partners that are interested in providing programs under this Contract enter into pursuant to this section.
2. Each Request For Proposals issues pursuant to this section shall require each private partner to propose specific performance improvements and measurement approaches to be used to measure the value delivered by the vendor technology solution. The Purchasing Agency shall include an assessment of the proposed value of the vendor technology solution in its evaluation criteria to select the best value solution for the Purchasing Agency.
3. A Contract entered into between a Purchasing Agency and an automated systems vendor shall provide for payment of fees on a contractually specified amount based on the achievement of measured performance improvements that are mutually agreed to by the Contractor and the Purchasing Agency. The following are subject to review and approval by the Director:
   
   1. The terms of Contracts entered into pursuant to this section related to the measurement of the performance improvement attributable to the vendor technology program.

   2. Payment of fees based on achievement of the established performance measures.

1. Retail store incentives purchased from retail stores for distribution to non-County employees for their participation in grant funded public health or social service education or wellness programs are exempt from the competitive Procurement requirements of this Code. The exemption is specific to purchases of incentives required to meet the requirements of grants received by Maricopa County where the purpose is to promote wellness and/or education for targeted groups.
2. Food purchased for consumption by non-County employees for encourage their participation in grant funded public health or social services education or wellness programs are exempt from the competitive requirements of this Code. The exemption is specific to purchases of food items required to meet the requirements of grants received by Maricopa County where the purpose is to promote wellness and/or education for targeted groups and is limited to $500.00 per event.