Reference Title: public construction contracts; preferences; limitation

AN ACT
AMENDING SECTION 11-254.01, ARIZONA REVISED STATUTES; AMENDING TITLE 34, CHAPTER 2, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 34-243.02; RELATING TO PUBLIC CONSTRUCTION CONTRACT PREFERENCES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-254.01, Arizona Revised Statutes, is amended to read:

11-254.01 . County purchasing procedures; purchases to be based on competitive bids; content and issuance of invitations and specifications; basis of awards and rejection of bids; professional services; buildings

A. All purchases of supplies, materials, equipment and contractual services, except professional services, made by the county having an estimated cost in excess of ten thousand dollars per transaction shall be based on sealed, competitive bids. The county purchasing agent shall make the awards on board of supervisors approval. The invitation for bids and specifications must be issued in sufficient time before the purchase is made and in sufficient detail to permit free competition. Notice of the invitation for bids shall be published in a newspaper in accordance with the provisions of title 39, chapter 2 unless the board of supervisors, by at least A two-thirds vote of its membership, determines that an emergency exists requiring immediate action to protect the public health or safety. Copies of the invitation and specifications shall be supplied to and bids shall be solicited from qualified sources consistent with the item to be purchased as determined by the county purchasing agent, including all qualified suppliers who before the issuance of the invitation notify the purchasing department in writing that they desire to bid on materials, supplies, equipment or contractual services.

B. Bids shall be opened publicly at the time and place stated in the invitation. On board approval, the county purchasing agent shall make awards with reasonable promptness by giving written notice to the responsible bidder whose bid conforms to the invitation and whose bid is the most advantageous to the county concerning price, conformity to the specifications and other factors. The board may reject all bids if rejection is in the public interest.

C. For purchases of ten thousand dollars or less, each county shall develop purchasing procedures to comply with the uniform accounting system prescribed by the auditor general under section 41-1279.21.

D. Professional services shall be procured pursuant to written policies developed by the county purchasing agent and adopted by the board of supervisors.

E. All erections of and repairs and alterations to any county building are not subject to this section but are subject to the provisions of title 34, chapter 2.

F. IN AWARDING A CONTRACT AUTHORIZED BY THIS SECTION, A COUNTY SHALL NOT ENACT OR ENFORCE AN ORDINANCE, CODE, RULE, REGULATION OR CONTRACT THAT GRANTS A PRICE PREFERENCE, SET-ASIDE, GOAL OR QUOTA FOR THE CONTRACT BASED ON RACE OR GENDER, EXCEPT THAT:

1. A COUNTY MAY REQUIRE THAT CONTRACTORS USE AFFIRMATIVE ACTION PROGRAMS OTHER THAN THOSE PROHIBITED IN THIS SUBSECTION.

2. THIS SUBSECTION DOES NOT APPLY TO THE EXTENT THAT IT CONFLICTS WITH ANY PROVISION OF A FEDERAL LAW OR MANDATE OR IF THE ORDINANCE OR PROVISION WAS ENACTED BY INITIATIVE IN THAT COUNTY.

Sec. 2. Title 34, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 34-243.02, to read:

34-243.02 . Political subdivision construction contract preferences limitation; exceptions

A. IN AWARDING A CONTRACT FOR CONSTRUCTION AUTHORIZED BY THIS CHAPTER, A POLITICAL SUBDIVISION SHALL NOT ENACT OR ENFORCE AN ORDINANCE, CODE, RULE, REGULATION OR CONTRACT THAT GRANTS A PRICE PREFERENCE, SET-ASIDE, GOAL OR QUOTA FOR THE CONSTRUCTION BASED ON RACE OR GENDER.

B. NOTWITHSTANDING SUBSECTION A, A POLITICAL SUBDIVISION MAY REQUIRE THAT CONTRACTORS USE AFFIRMATIVE ACTION PROGRAMS OTHER THAN THOSE PROHIBITED IN SUBSECTION A.

C. SUBSECTION A DOES NOT APPLY TO THE EXTENT THAT IT CONFLICTS WITH ANY PROVISION OF A FEDERAL LAW OR MANDATE OR IF THE ORDINANCE OR PROVISION WAS ENACTED BY INITIATIVE IN THAT POLITICAL SUBDIVISION.