MARICOPA COUNTY PROCUREMENT CODE
OFFICE OF PROCUREMENT SERVICES
Cooperative Purchasing agreements entered into pursuant to Article 10 of this Code shall be limited to the areas of Procurement, warehousing or management of materials.
PROCUREMENT AGREEMENT APPROVAL
All Cooperative Purchasing agreements entered into pursuant to Article 10 of this Code by Maricopa County shall be approved by the Board of Supervisors.
COOPERATIVE PURCHASING AUTHORIZED
Any Public Procurement Unit may either participate in, sponsor, conduct or administer a Cooperative Purchasing agreement for the Procurement of any Materials or Services with one or more other Public Procurement Units in accordance with an agreement entered into between the participants. A Public Educational or Public Health Institution may enter into an agreement pursuant to this section if one or more of the parties involved is a Public Procurement Unit. Parties under a Cooperative Purchasing agreement may:
1. Sponsor, conduct or administer a cooperative agreement for the Procurement of any Materials or Services.
2. Cooperatively use Materials or Services.
3. use or share warehousing facilities, capital equipment and other facilities.
4. Provide personnel, except that the requesting Public Procurement Unit shall pay the Public Procurement Unit providing the personnel the direct and indirect Cost of providing the personnel, in accordance with the agreement.
5. On request, make available to other Public Procurement Units informational, technical or other Services that may assist in improving the efficiency or economy of Procurement. The Public Procurement Unit furnishing the informational or technical Services has the right to request reimbursement for the reasonable and necessary Costs of providing such Services.
6. The activities described in Paragraphs 1 through 5 above do not limit what parties may do under a Cooperative Purchasing agreement.
COOPERATIVE STATE PURCHASING AGREEMENT IN FORM OF A STATE REQUIREMENTS CONTRACT
Any State requirement Contract with the Maricopa County Office of Procurement Services entered into pursuant to A.R.S. § 41-2632 shall provide that:
A. Payment for Materials or Services and inspection and acceptance of Materials or Services ordered by Maricopa County under State Contracts shall be the exclusive obligation of Maricopa County;
B. The exercise of any rights or remedies by Maricopa County shall be the exclusive obligation of Maricopa County;
C. Failure of Maricopa County to secure performance from the Contractor in accordance with the terms and conditions of its purchase order does not necessarily require the State to exercise its own rights or remedies; and
D. Maricopa County shall not use a State Contract as a method for obtaining additional concessions or reduced Prices for similar Material or Services.
INFORMATIONAL AND TECHNICAL SERVICES
The State Purchasing Administrator has the responsibility to develop, maintain and distribute a list of such information and technical Services available from the State Purchasing Office. Such list contains the names of any Suspended or Debarred Contractors and is distributed to the Maricopa County Office of Procurement Services.
USE OF PAYMENTS RECEIVED BY A SUPPLYING PUBLIC PROCUREMENT UNIT
All payments received by a Public Procurement Unit supplying personnel or Services shall be available to the supplying Public Procurement Unit to defray the Cost of the cooperative program.
A. Under a Cooperative Purchasing agreement in which Maricopa County is a party, controversies arising between an administering Public Procurement Unit and its Respondents or Contractors shall be resolved in accordance with Article 9 of this Code.
B. Any local Public Procurement Unit which is not subject to Article 9 of this Code may enter into an agreement with a Public Procurement Unit to establish procedures or use such units existing procedures to resolve controversies with Contractors, whether or not such controversy arose from a Cooperative Purchasing agreement.
COMPLIANCE WITH FEDERAL PROCUREMENT
If a Procurement involves the expenditure of Federal assistance or Contract monies, the Chief Procurement Officer or Using Agency shall comply with Federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this Code.