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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)
Confidential information shall be designated as follows:
Sec. 28-5(1). If a person believes that a bid, proposal, offer, specification, or protest contains information that should be withheld from public record, a statement advising the contract officer of this fact should accompany the submission and the information shall be so identified wherever it appears.
Sec. 28-5(2). The information identified by the person as confidential may not be disclosed until the contract officer makes a written determination.
Sec. 28-5(3). The contract officer shall review the statement and information and may determine in writing that the information shall be withheld or disclosed.
Sec. 28-5(4). If the contract officer determines to disclose the information, the contract officer shall inform the person in writing of such determination.
Sec. 28-5(5). Notwithstanding the above provisions, in the event records marked as confidential are requested for public release, the city shall release records marked confidential ten (10) working days after the date of notice to the person of the request for release, unless the person has, within the ten (10) day period, secured a protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the records.
Sec. 28-5(6). The city shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining the release of records marked confidential. Nor shall the city be in any way financially responsible for any costs associated with securing such an order.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
ARTICLE II.
PROCUREMENT DIRECTOR AUTHORITY*
PROCUREMENT DIRECTOR AUTHORITY*
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* Editors Note: See editor's note at Art. I.
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Sec. 28-11(1).Except as otherwise provided in this chapter, the director may adopt operational procedures, consistent with this chapter, governing the procurement and management of all materials, services, construction and construction services to be procured by this city and the disposal of materials.
Sec. 28-11(2). The director shall serve as the central procurement and contracting authority of this city.
Sec. 28-11(3). Except as otherwise provided in this chapter, the director shall:
(a) Procure or supervise the procurement of all materials, services and construction needed by this city.
(b) Establish guidelines for the management of all inventories of materials belonging to this city.
(c) Manage the disposal of materials belonging to the city.
(d) Sell, trade or otherwise dispose of surplus materials belonging to this city.
(e) Prepare, issue, revise, maintain, and monitor the use of specifications for materials, services and construction required by this city.
(f) Manage the city’s procurement card (pCard) program.
(g) Manage the city’s mail services division.
(h) Manage the city's Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) programs.
Sec. 28-11(4). The director may delegate procurement authority to designees or to any department or official of the city.
Sec. 28-11(5). The director may determine in writing that noncompliance with any provision of this chapter is nonsubstantial and may allow for correction or may waive minor informalities or irregularities. The basis for the decision shall be included in the determination.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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