__________
* Editors Note: Ord. No. 9913, § 1, adopted Nov. 17, 2003, amended chapter 28 in its entirety to read as herein set out. Former chapter 28, §§ 28-1--28-5, 28-11, 28-12, 28-15--28-37, 28-41--28-45, 28-47--28-56, 28-58, 28-62, 28-63, 28-66--28-71, 28-75--28-118, 28-126--28-129, 28-132--28-134, 28-137--28-144, 28-145--28-151, 28-152--28-160, pertained to similar subject matter and derived from Ord. No. 7973, § 4, adopted Jan. 25, 1993. See the Code Comparative Table.
__________
Art. I. In General, §§ 28-1--28-10
Art. II. Procurement Director Authority, §§ 28-11--28-14
Art. III. Source Selection and Contract Formation, §§ 28-15--28-40
Art. IV. Specifications, §§ 28-41--28-46
Art. V. Procurement of Professional Design Services and Capital Improvements, §§ 28-47--28-57
Art. VI. Contract Terms and Conditions, §§ 28-58--28-61
Art. VII. Cost Principles, §§ 28-62--28-65
Art. VIII. Materials Management, §§ 28-66--28-74
Art. IX. Legal and Contractual Remedies, §§ 28-75--28-125
Art. X. Cooperative Purchasing, §§ 28-126--28-131
Art. XI. Reserved, §§ 28-132--28-136
Art. XII. Affirmative Action by City Contractors, §§ 28-137--28-146
Art. XIII. Small Business Enterprise Program, §§ 28-147--28-151.5
Art. XIV. Living Wage, §§ 28-152--28-159
Art. XV. Contract Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace, §§ 28-160 – 28-162
Art. XIV. Prevailing Wage, §§ 28-163 – 28-168
Article I. General Provisions
Sec. 28-1. Applicability.
Sec. 28-2. Definitions.
Sec. 28-3. Supplementary general principles of law applicable.
Sec. 28-4. Requirement of good faith.
Sec. 28-5. Confidential information.
Secs. 28-6--28-10. Reserved.
Article II. Procurement Director Authority
Sec. 28-11. Authority of the director.
Sec. 28-12. Written determinations.
Secs. 28-13, 28-14. Reserved.
Article III. Source Selection and Contract Formation
Sec. 28-15. Definitions.
Sec. 28-16. Methods and dollar thresholds of source selection.
Sec. 28-17. Competitive sealed bidding.
Sec. 28-18. Competitive sealed proposals.
Sec. 28-19. Contracting for legal counsel.
Sec. 28-20. Reserved.
Sec. 28-21. Sole source procurement.
Sec. 28-22. Emergency procurements.
Sec. 28-23. Special procurements.
Sec. 28-24. Competitive reverse auctions.
Sec. 28-25. Cancellation of solicitations.
Sec. 28-26. Rejection of individual bids, proposals, quotations or statements of qualifications.
Sec. 28-27. Responsibility of bidders, offerors and respondents.
Sec. 28-28. Bid and contract security, material or service contracts.
Sec. 28-29. Reserved.
Sec. 28-30. Reserved.
Sec. 28-31. Multi-term contracts.
Sec. 28-32. Right to inspect.
Sec. 28-33. Right to audit records.
Sec. 28-34. Reporting of anticompetitive practices.
Sec. 28-35. Prospective vendor databases.
Sec. 28-36. Contract form and execution.
Sec. 28-37. Assignment of rights and duties.
Sec. 28-38. Efficient resource procurement and utilization.
Sec. 28-39.
Reserved.
Sec. 28-40. Reserved.
Article IV. Specifications
Sec. 28-41. Reserved.
Sec. 28-42. Maximum practicable competition.
Sec. 28-43. Specifications prepared by other than city personnel.
Sec. 28-44. Brand name or equal specification.
Sec. 28-45. Brand name specification.
Sec. 28-46. Reserved.
Article V. Procurement of Professional Design Services and Capital Improvements
Sec. 28-47. Definitions.
Sec. 28-48 Procurement of construction.
Sec. 28-49. Procurement of professional design services.
Sec. 28-50. Procurement of construction services.
Sec. 28-51. Construction by city employees.
Sec. 28-52--28-57. Reserved.
Article VI. Contract Terms and Conditions
Sec. 28-58. Contract terms and conditions.
Secs. 28-59--28-61. Reserved.
Article VII. Cost Principles
Sec. 28-62. Cost principles.
Sec. 28-63. Cost or pricing data.
Secs. 28-64, 28-65. Reserved.
Article VIII. Materials Management
Sec. 28-66. Definitions.
Sec. 28-67. Materials management guidelines.
Sec. 28-68. Inventory management.
Sec. 28-69. Disposition of surplus property.
Sec. 28-70. Disposition of unclaimed, lost, confiscated property.
Sec. 28-71. Donations.
Secs. 28-72--28-74. Reserved.
Article IX. Legal and Contractual Remedies
Sec. 28-75. Definitions.
Sec. 28-76. Authority of the contract officer.
Sec. 28-77. Right to protest.
Sec. 28-78. Filing of a protest.
Sec. 28-79. Time for filing protests.
Sec. 28-80. Stay of procurements during the legal due process.
Sec. 28-81. Confidential information.
Sec. 28-82. Decision by the contract officer on a protest.
Sec. 28-83. Remedies for a protest.
Sec. 28-84. Appeals to the director.
Sec. 28-85. Notice of appeal.
Sec. 28-86. Reserved.
Sec. 28-87. Contract officer report on an appeal.
Sec. 28-88. Remedies for an appeal of a protest.
Sec. 28-89. Dismissal before hearing.
Sec. 28-90. Hearing.
Sec. 28-91. Filing of a contract claim.
Sec. 28-92. Contract officer’s decision on a contract claim.
Sec. 28-93. Issuance of a timely decision on a contract claim.
Sec. 28-94. Appeals on a contract claim to the director.
Sec. 28-95. City claims against a contractor.
Sec. 28-96. Hearing.
Sec. 28-97. Mediation.
Sec. 28-98. Arbitration.
Sec. 28-99. Authority to debar or suspend.
Sec. 28-100. Debarment or suspension causes.
Sec. 28-101. Matters not proper for debarment or suspension.
Sec. 28-102. Initiation of debarment.
Sec. 28-103. Period of debarment.
Sec. 28-104. Notice.
Sec. 28-105. Notice to affiliates.
Sec. 28-106. Imputed knowledge.
Sec. 28-107. Suspension.
Sec. 28-108. Period and scope of suspension.
Sec. 28-109. Suspension notice, hearing, determination and appeal.
Sec. 28-110. Reinstatement.
Sec. 28-111. Limited participation.
Sec. 28-112. Master list for suspension and debarment.
Sec. 28-113. Hearing procedures.
Sec. 28-114. Hearing officer’s decision.
Sec. 28-115. Reserved.
Sec. 28-116. Reserved.
Sec. 28-117. Judicial review of protests, claims, debarments or suspensions.
Sec. 28-118. Exclusive remedy.
Secs. 28-119--28-125. Reserved.
Article X. Cooperative Purchasing
Sec. 28-126. Definitions.
Sec. 28-127. Applicability.
Sec. 28-128. Cooperative purchasing agreements required.
Sec. 28-129. Cooperative purchasing authorized.
Secs. 28-130, 28-131. Reserved.
Article XI. Reserved
Secs. 28-132--28-136. Reserved.
Article XII. Affirmative Action by City Contractors
Sec. 28-137. Definitions.
Sec. 28-138. Provision against discrimination required in all city contracts.
Sec. 28-139. Reporting requirements.
Sec. 28-140. Duties and requirements of contractors on city contracts; responsibility for implementation.
Sec. 28-141. Inability or failure to comply with affirmative action obligations.
Sec. 28-142. Administrative responsibility.
Sec. 28-143. Exemptions.
Sec. 28-144. Sanctions.
Secs. 28-145, 28-146. Reserved.
Article XIII. Small Business Enterprise Program
Sec. 28-147. Definitions.
Sec. 28-148. Administrative provisions.
Sec. 28-149. Establishment of SBE program goals for construction and construction services projects.
Sec. 28-150. SBE plans for eligible projects.
Sec. 28-151. Establishment of SBE program goals for professional design services.
Sec. 28-151.1. SBE plans for eligible design projects.
Sec. 28-151.2. SBE good faith effort.
Sec. 28-151.3. Applicability to procurement of goods, materials, and services.
Sec. 28-151.4. Program compliance.
Sec. 28-151.5. Additional terms.
Article XIV. Living Wage
Sec. 28-152. Conditions for use.
Sec. 28-153 Eligible contract.
Sec. 28-154. Ineligible contracts.
Sec. 28-155. Eligible employee.
Sec. 28-156. Reserved.
Sec. 28-157. Wages.
Sec. 28-158. Compliance.
Sec. 28-159. Records.
Article XV. Contract Requirements for the Mitigation of Heat-Related Illnesses and Injuries in the Workplace
Sec. 28-160. Definitions.
Sec. 28-161. Contract requirements.
Sec. 28-162. Administrative responsibility.
Article XVI. Prevailing Wage
Sec. 28-163. Definitions.
Sec. 28-164. Payment of prevailing wages.
Sec. 28-165. Required recordkeeping and notice posting.
Sec. 28-166. Enforcement.
Sec. 28-167. Sanctions.
Sec. 28-168. Regulation.
ARTICLE I.
GENERAL PROVISIONS*
GENERAL PROVISIONS*
__________
* Editors Note: Ord. No. 10404, § 1, adopted May 15, 2007, amended Arts. I--X in their entirety to read as herein set out. Former Arts. I--X, §§ 28-1--28-5, 28-11, 28-12, 28-15--28-37, 28-41--28-45, 28-47--28-52, 28-58, 28-62, 28-63, 28-66--28-71, 28-74--28-118, 28-126--28-129, pertained to similar subject matter, and derived from Ord. No. 9913, § 1, adopted Nov. 17, 2003; Ord. No. 10292, § 1, adopted June 27, 2006; Ord. No. 10328, §§ 1, 2, adopted Oct. 10, 2006.
__________
Sec. 28-1(1). The provisions of this chapter shall apply to the following:
(a) Every expenditure of public monies by this city irrespective of their source, including federal assistance monies;
(b) Disposal of property; and
(c) Contracts where there is no expenditure of public monies or where the city is offering something of value to the business community when the city determines source selection and award of a contract.
Sec. 28-1(2). The following are exempt from the provisions of this chapter:
(a) Grants awarded by the city and approved by mayor and council;
(b) The sale or lease of city real property;
(c) Contracts for professional witnesses if the purpose of such contracts is to provide for services or testimony relating to an existing or probable judicial proceeding in which this city is or may become a party or to contracts for special investigative services for law enforcement purposes;
(d) Agreements negotiated by the city attorney in settlement of litigation or threatened litigation;
(e) The purchases of materials for resale in a concession operation;
(f) Contracts for municipal improvement districts; or
(g) Contracts entered into with an eligible entity as defined by Public Law 105-285, section 673(1)(a)(i), as amended, for designated community services block grant monies and any other monies given to the eligible entity that accomplish the purpose of Public Law 205-285, section 672.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
In this chapter, unless the context otherwise requires:
Sec. 28-2(1). "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.
Sec. 28-2(2). "Change order" means a written document authorized by the director which directs the contractor to make changes with or without the consent of the contractor.
Sec. 28-2(3). "City" means the municipal corporation now existing and known as the City of Tucson.
Sec. 28-2(4). "Construction" means the process of building, altering, repairing, improving or demolishing any public infrastructure facility, including public structure, public building, or other public improvements of any kind to any real property. Construction does not include the routine operation, routine repair, or routine maintenance of an existing public infrastructure facility, including structures, buildings or real property.
Sec. 28-2(5). "Construction services" means either of the following for construction- manager-at risk, design-build and job-order-contracting project delivery methods:
(a) Construction, excluding services through the construction-manager-at-risk or job- order-contracting project delivery methods.
(b) A combination of construction and, as elected by the city, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction- manager-at-risk, design-build or job-order-contracting in section 28-47.
Sec. 28-2(6). “Contract” means all types of city agreements, regardless of what they may be called, for the procurement of materials, services, construction, construction services or the disposal of materials.
Sec. 28-2(7). "Contract amendment" means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties of the contract.
Sec. 28-2(8). "Contract officer" means any person duly authorized by the director to facilitate the source selection process, including but not limited to, preparing solicitations and written determinations, conducting negotiations, making award recommendations, and administering contracts.
Sec. 28-2(9). "Contractor" means any person who has a contract with the city.
Sec. 28-2(10). "Days", unless otherwise specified, means calendar days and shall be computed pursuant to A.R.S. section 1-243.
Sec. 28-2(11). "Department" means the department of procurement.
Sec. 28-2(12). "Designee" means a duly authorized representative of the director, designated by the director.
Sec. 28-2(13).“Director” means the director of the department of procurement and the central procurement and contracting authority for the city, or the director's designee.
Sec. 28-2(14). "Disposal of material" means sale of surplus, unclaimed and seized property by public auction, competitive sealed bidding, small purchase procedures or other appropriate method designated by this chapter.
Sec. 28.2(15). "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology.
Sec. 28-2(16). "Grant" means the furnishing by this city of assistance, whether financial or otherwise, to any person to support a program authorized by law. Grant does not include an agreement whose primary purpose is to procure a specific end product, whether in the form of materials, services or construction. A contract resulting from such an agreement is not a grant but a procurement contract.
Sec. 28-2(17). "In writing" has the same meaning as "written" or "writing" in A.R.S. 47-1201, which includes printing, typewriting, electronic transmission, facsimile, or any other intentional reduction to tangible form.
Sec. 28-2(18). “Materials” means all property, including but not limited to, equipment, supplies, and buildings but does not include land, a permanent interest in land or leases of real property.
Sec. 28-2(19). “Person” means any corporation, consultant, business, individual, union, committee, club, other organization or group of individuals.
Sec. 28-2(20). “Procurement” means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services. Procurement also includes all functions that pertain to the acquisition of any material, service, construction or construction services, including description of requirements, selection and solicitation of sources, preparation, negotiation and award of contract, and all phases of contract administration.
Sec. 28-2(21). “Public notice” means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods may include electronic mailing lists and a website maintained for that purpose.
Sec. 28-2(22). “Services” means the furnishing of labor, time or effort by a contractor, consultant, subcontractor or subconsultant which does not involve the delivery of a specific end product other than required design documents or reports and performance. Services do not include employment agreements or collective bargaining agreements. The definition of services includes, but is not limited to, consulting, personal, professional, legal counsel, auditing, technical, professional design and construction services.
Sec. 28-2(23). "Specification" is used interchangeably with "scope", "scope of services", or "scope of work" and means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing, or preparing a material, service, or construction item for delivery.
Sec. 28-2(24). “Subcontractor or subconsultant” means a person who contracts to perform work or render service to a contractor or consultant as defined by this section or to another subcontractor or subconsultant as a part of a contract with the city.
Sec. 28-2(25). “Using agency” means any organizational unit of the city, which utilizes any materials, services or construction procured under this chapter.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the uniform commercial code of this state, the common law of contracts as applied in this state and law relative to agency, fraud, misrepresentation, duress, coercion and mistake supplement the provisions of this chapter.
(Ord. No. 10404, § 1, 5-15-07)
Loading...