PROCUREMENT CODE CHANGE SUMMARY 2013.DOCX

SUMMARY OF PROPOSED CHANGES TO THE MARICOPA COUNTY PROCUREMENT
7/29/2013
The following are proposed changes to the Maricopa County Procurement Code which will be effective
upon approval by the Maricopa County Board of Supervisors. These changes will be subject to the
Procurement Code Amendment Process adopted to promote transparency and permit stakeholder input
into the changes prior to submission to the Board of Supervisors for consideration.
Proposed changes to the Procurement Code are identified in blue and underlined. Stakeholders should
direct any comments or suggested revisions to the proposed changes to the attention of the Chief
Procurement Officer at the address shown above.
Article 1
MC1-101 DEFINITIONS
50. “EMPLOYEE” means an individual drawing a salary from a County Governmental Unit, whether
elected or not, and any uncompensated individual performing Services for any County
Governmental Unit.
54. “EXCESS FIXED ASSETS” means any personal property which has a remaining useful life but
which are no longer required by the Using Agency in possession of the Fixed Assets.
56. “EXTERNAL PROCUREMENT ENTITY” means any buying organization, regardless of location,
that would qualify as a Public Procurement Unit.
112. “SERVICES” means the furnishing of labor, time or effort by a Contractor which that does
not involve the delivery of a specific end product other than required reports and performance. A
Service does not include employment agreements or collective bargaining agreements.
113. “SIGNIFICANT PROCUREMENT ROLE” means any role that includes any of the
following duties:
 Participating in the development of a Procurement as defined in this Code.
 Participating in the development of evaluation criteria or evaluation tools.
 Approving a Procurement as defined in this Code.

 Soliciting quotes greater than five thousand dollars for the provision of Commodities,
Services or Construction.
 Serving as a technical advisor or evaluator who evaluates a Procurement.
 Recommending or selecting a vendor that will provide Commodities, Services or
Construction to Maricopa County.
 Serving as a decision maker or designee on a protest or an appeal by a party regarding a
Procurement selection or decision.
115. “SOLICITATION” means an Invitation For Bids, a Request For Technical Proposal, a Request
For Proposals, a Request For Quotations, reverse auction or any other invitation or request by
which Maricopa County invites a Person to participate in a Procurement.
MC1-102 APPLICABILITY
F. The provisions of this Code are not applicable to the purchase or water, gas or electric utilities
G. The provisions of the Code are not applicable to professional certifications, professional
memberships and conference registrations.
Article 3
MC1-314 METHOD OF SOURCE SELECTION
Unless otherwise authorized by law, all Maricopa County Contracts shall be Awarded by
Competitive Sealed Bidding as provided in MC1-315 through 324, MC1-325 through 327,
MC1-328 through 339, MC1-340 through 344 345, MC1-374 through 379, and MC1-503 or
as otherwise provided in this Code.
MC1-315 COMPETITIVE SEALED BIDDING
E. Bids shall be unconditionally accepted without alteration or correction, except as authorized in
this Code. Bids shall be evaluated based on the requirements set forth in the Invitation For
Bids, including criteria to determine acceptability such as inspection, testing, quality,
workmanship, delivery an and suitability for a particular purpose, as prescribed in this Code.

The Invitation For Bids shall set forth the evaluation criteria to be used. No criteria may be
used in Bid evaluation that is not set forth in the Invitation For Bids.
MC1-316 INVITATION FOR BIDS
E. The Chief Procurement Officer shall make available to all prospective Respondents the
Invitation For
Bids or notices of the availability of Invitation For Bids to all prospective Respondents.
MC1-325 MULTI-STEP SEALED BIDDING
A. The multi-step sealed bidding method may be used if the Procurement Officer determines in
writing that:
MC1-326 PHASE ONE OF MULTI-STEP BIDDING
A. 1. Notice that the Procurement shall be conducted in two phases and that Priced Bids will
be considered only in the second phase and only from those Respondents whose who’s
unpriced Technical Proposals are found acceptable in the first phase;
MC1-328 COMPETITIVE SEALED PROPOSALS
A. If the Chief Procurement Officer and Procurement Officer it is determined in writing that the
use of Competitive Sealed Bidding is either not practicable or not Advantageous to Maricopa
County, a Contract may be entered into by Competitive Sealed Proposals. The Chief
Procurement Officer may determine that it is either not practicable or not Advantageous to
Maricopa County to procure specified types of Commodities or Services by Competitive
Sealed Bidding, except that the Competitive Sealed Proposal method shall not be used for
Construction Contracts.
MC1-346 PROCUREMENT NOT EXCEEDING AN AGGREGATE AMOUNT OF FIFTY ONE
HUNDRED THOUSAND DOLLARS
A. Any Procurement other than a Procurement under Article 5, which does not exceed an
aggregate dollar amount of $50100,000 may be made in accordance with the following
procedures except that the Procurement shall be made with such competition as is practicable
under the circumstances. Procurement requirements shall not be artificially divided or
fragmented so as to constitute a purchase under this section and to circumvent the source

selection procedures required by MC1-315 through 324, MC1-325 through 327, MC1-328
through 339, MC1-340 through 344,or MC1-352.D.3.
B. If practical, purchases estimated to Cost $3550,000 or more, but not exceeding $50100,000,
shall be made in accordance with the following procedures:
C. If practical, purchases estimated to Cost $1525,000 or more, but less than $3550,000, shall be
made in accordance with the following procedures:
D. If practical, purchases estimated to Cost $5,000 or more, but less than $1525,000, shall be
made in accordance with the following procedures:
MC1-347 SOLE SOURCE NOT EXCEEDING AN AGGREGATE AMOUNT OF FIFTY ONE
HUNDRED THOUSAND DOLLARS
The Chief Procurement Officer may make the determination that the sole source method set
forth in MC1-349 shall be used if a Commodity or Service is available from only one vendor,
and the purchase is estimated to Cost no more than $50100,000. This section does not apply
to Procurements described in MC1-346.E. The written documentation of the basis for the
sole source Procurement shall be included in the Contract file.
MC1-348 SOLE SOURCE PROCUREMENT EXCEEDING AN AGGREGATE AMOUNT OF FIFTY
ONE HUNDRED THOUSAND DOLLARS
MC1-350 COMPETITION IMPRACTICABLE PROCUREMENT NOT EXCEEDING AN
AGGREGATE AMOUNT OF FIFTY ONE HUNDRED THOUSAND DOLLARS
The Chief Procurement Officer may make a Written Determination that the competition
impracticable method set forth in MC1-352 shall be used if a Commodity or Service is
available from more than one vendor, however, because of standardization, warranty, or other
factors approved by the Chief Procurement Officer a competitive Procurement is deemed
impractical and the purchase is estimated to Cost no more than $50100,000. This section does
not apply to Procurements described in MC1-346.E, MCI 347 and MC1-348. The written
documentation supporting the competition impracticable Procurement shall be included in
the Contract file.
MCI-351 COMPETITION IMPRACTICABLE PROCUREMENT EXCEEDING AN AGGREGATE
AMOUNT OF FIFTY ONE HUNDRED THOUSAND DOLLARS

MC1-354 EMERGENCY PROCUREMENT PROCEDURE
B. Emergency Procurements based on a declared emergency are to include a copy of the
emergency resolution with the requisition. All other emergency Procurements in excess with
a value of $50100,000 or greater must be approved by the County Manager. Those
eEmergency Procurements not exceeding less than $50100,000 must be approved by the
Chief Procurement Officer.
D. A copy of each requisition processed under this procedure shall be kept on file in the Using
Agency requesting the emergency Procurement and the Maricopa County Materials
Management Department Office of Procurement Services.
MC1-362 BID AND PERFORMANCE BONDS FOR COMMODITY OR SERVICE CONTRACTS
A. Bid Bonds, Performance Bonds and/or, Payment Bonds and/or other security may be
required for Commodity or Service Contracts if the Procurement Officer determines that such
requirement is Advantageous to Maricopa County. The requirement for any such bond shall
be included in the Solicitation.
MC1-379 GRANT MANDATED OR SPECIAL PROGRAM INCENTIVES AND FOOD FOR NON-
COUNTY EMPLOYEES
A. Retail store incentives purchased from retail stores for distribution to non-County employees
for their participation in grant or non-grant funded public health or, social service education
or , wellness or school related programs are exempt from the competitive Procurement
requirements of this Code. The exemption is specific to the purchases of incentives required
to meet the requirements of County approved programs or grants received by Maricopa
County where the purpose is to promote wellness and/or education for targeted groups.
B. Food purchased for consumption by non-County employees for to encourage their
participation in grant or non-grant funded public health or , social services education or ,
wellness or school related programs are exempt from the competitive requirements of this
Code. The exemption is specific to purchases of food items required to meet the requirements
of County approved programs or grants received by Maricopa County where the purpose is to
promote wellness and/or education for targeted groups and is limited to $1,000.00 per event.
Article 10

MC1-1003 COOPERATIVE PURCHASING AUTHORIZED
Any Public Procurement Unit may either participate in, sponsor, conduct or administer a
Cooperative Purchasing agreement for the Procurement of any Materials, Services,
Professional Services, Construction or Construction Services with one or more other Public
Procurement Units or External Procurement Entities in accordance with an agreement
entered into between the participants. Cooperative Purchasing may include joint or multi-
party contracts between Public Procurement Units and open-ended Public Procurement Unit
Contracts that shall be available to other Public Procurement Units. A Public Educational or
Public Health Institution may enter into an agreement pursuant to this section if one or more
of the parties involved is a Public Procurement Unit. Parties under a Cooperative Purchasing
agreement may:
1. Sponsor, conduct or administer a cooperative agreement for the Procurement of any
Materials, Services, Professional Services, Construction or Construction Services.
2. Cooperatively use Contracts for Materials, Services, Professional Services, Construction
or Construction Services.
6. Pursuant to procedures for Cooperative Purchasing adopted by the Chief Procurement
Officer, Materials, Services, Professional Services, Construction and Construction
Services purchased under the terms of a Contract between a Contractor and a Public
Procurement Unit or external Procurement entity without complying with the
requirements of MC1-315 through 324, MC1-325 through 327, MC1-328 through 339,
MC1-340 through 345, MC1-374 through 379, and MC1-503 or as otherwise provided
in this Code.
7. The activities described in Paragraphs 1 through 56 above do not limit what parties may
do under a Cooperative Purchasing agreement.
Article 12
MC1-1202 SIGNIFICANT PROCUREMENT ROLE
An Employee of any Maricopa County Governmental Unit, who has a Significant Procurement
Role in the Procurement of Commodities, Services or Construction shall not accept an offer of
employment from or have employment discussions with any Person or entity lobbying for or

potentially responding to a Solicitation during a period beginning on signature of the first
nondisclosure agreement pertaining to a particular Solicitation or at the time of request for a
sole source Procurement or competition impracticable Procurement and ending one year after
the purchased Commodities are delivered or the purchase of Services or Construction begins.