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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
document retention; proposals; donations
Purpose
Modifies the requirements under the Arizona Procurement Code and for the solicitation and award of grants by state governmental units.
Background
The Arizona Procurement Code regulates the buying, purchasing, renting, leasing and acquiring of materials, services, construction or construction services by Arizona using public monies. This includes all functions that pertain to obtaining any materials, services, construction or construction services such as the description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. The procurement process is overseen by the Arizona Department of Administration (ADOA), with the Director of ADOA acting as the Central Procurement Officer of Arizona. Some public bodies, including the Arizona Board of Regents, the Arizona Health Care Cost Containment System (AHCCCS) and the legislative and judicial branches, are provided an exemption from the requirements of the Arizona Procurement Code as prescribed (A.R.S. Title 41, Chapter 23).
Statute also outlines requirements of a state governmental unit in the solicitation and award of competitive state grants. A state governmental unit must prepare and issue a request for grant applications that include at least the following information: 1) a description of the nature of the grant project, including the scope of the work to be performed by an awardee; 2) an identification of the funding source and the total amount of available funds; 3) whether a single award or multiple awards may be made; 4) encouragement of collaboration by entities for community partnerships, if appropriate; 5) any additional information required by the applications; 6) the criteria or factors under which applications will be evaluated for award and the relative importance of each criteria or factor; and 7) the due date for submittal of applications and the anticipated time the awards may be made (A.R.S. Title 41, Chapter 24).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
State Procurement
1. Repeals AHCCCS' exemption from the Arizona Procurement Code.
2. Requires a company that responds to a request for proposals (RFP) to disclose anything of value that the company, its officers or directors or any of their family members have provided, directly or indirectly, during the proceeding five years to any of the following:
a) the Governor;
b) any entity established, financed, maintained or controlled by the Governor or an agent of the Governor, including a campaign committee, a joint fundraising committee or an inaugural fund; or
c) an entity that advocated for the election of the Governor or for the defeat of an electoral opponent of the Governor including a political committee or other nonprofit organization that made any independent expenditures.
3. Prohibits state agencies and state employees from destroying any notes taken during the evaluation of a company that responds to an RFP.
4. Allows all contracts that were agreed to after the general effective date to be resolicited if a state agency or state employee destroyed any notes taken during the evaluation of a company responding to the RFP.
State Solicitation and Award of Grants
5. Requires a company that applies for a grant by any state governmental unit to disclose anything of value that the company, its officers or directors or any of their family members have provided, directly or indirectly, during the preceding five years to any of the following:
a) the Governor;
b) any entity established, financed, maintained or controlled by the Governor or an agent of the Governor including a campaign committee, a joint fundraising committee or an inaugural fund; or
c) any entity that advocated for the election of the Governor or for the defeat of an electoral opponent of the Governor including a political committee or other nonprofit organization that made any independent expenditures.
Miscellaneous
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2025
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