1. To simplify, clarify, and modernize the law governing procurement by the Town;

2. To permit the continued development of procurement policies and practices;

3. To provide for increased public confidence in the procedures followed in public procurement;

4. To ensure the fair and equitable treatment of all persons who deal with the procurement system of the Town;

5. To provide increased economy in Town procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the Town;

6. To foster effective broad-based competition within the free enterprise system;

7. To provide safeguards for the maintenance of a procurement system of quality and integrity; and

8. To obtain in a cost-effective and responsive manner the materials, services, and construction required by the Town to serve its citizens and businesses.

1. This article applies to:

2. The following are exempt from the provisions of this article:

The words defined below shall have the meanings set forth below whenever they appear in this code, unless the context in which they are used clearly requires a different meaning.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

Change order means a written document authorized by the Procurement Agent which directs the contractor to make changes with or without the consent of the contractor.

Construction means the process of building, altering, repairing, improving, or demolishing any public facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public facility, including structures, buildings, or real property.

Contract means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction.

Contract amendment or contract addendum means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties of the contract.

Contractor means any person who has a contract with the Town.

Days, unless otherwise specified, means consecutive calendar days and shall be computed pursuant to A.R.S. 1-243.

Designee means a duly authorized representative of a person holding a superior position.

Disposal of material means sale of surplus property, Oro Valley Police Department unclaimed or seized property or obsolete property not needed by using agencies by public auction, competitive sealed bidding, small purchase procedures or any other appropriate method designated in this article.

Electronic means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology.

Grant means the furnishing by the Town of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; a contract resulting from such an award is not a grant but a procurement contract.

Manager means the Town Manager of the Town of Oro Valley, or designee.

Materials means all property, including but not limited to, equipment, supplies, printing, insurance and buildings but does not include land, a permanent interest in land or leases of real property.

May denotes the permissive.

Minor informality means mistakes, or nonjudgmental errors, that have negligible effect on price, quantity, quality, delivery, or other contractual terms and the waiver or correction of such mistakes does not prejudice other bidders, offerors or respondents.

Person means any corporation, consultant, business, individual, union, committee, club, other organization or group of individuals.

Procurement means buying, purchasing, renting, leasing or otherwise acquiring any materials, services or construction. Procurement also includes all functions that pertain to the acquisition of any material, service or construction, including description of requirements, selection and solicitation of sources, preparation, negotiation and award of contract, and all phases of contract administration.

Procurement Agent means the person holding the position of Procurement Administrator who is the chief procurement authority for the Town, or designee.

Public notice means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods may include publication in a newspaper of general circulation, electronic mailing lists and a website maintained for that purpose.

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.

Specification means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

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 Town.

Town means the Town of Oro Valley, Arizona, a municipal corporation.

Using agency means any organizational unit of the Town.

Written or in writing means the product of any method for forming characters on paper, or other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

1. If a person believes that a bid, proposal, offer or specification contains information that should be withheld from public record, a statement advising the Procurement Agent of this fact should accompany the submission and the information shall be so identified wherever it appears.

2. The information identified by the person as confidential may not be disclosed until the Procurement Agent makes a written determination.

3. The Procurement Agent shall review the statement and information and may determine in writing that the information shall be withheld or disclosed.

4. If the Procurement Agent determines to disclose the information, the Procurement Agent shall inform the person in writing of such determination. ((O)08-03, 02/20/2008)