06 Title 34 Procurement

Title 34 Procurement
(Reader’s Digest Version)
By Russ Romney 
September 7, 2023

Project Delivery Methods Allowed
2
For Engineers and Architects (A.R.S. § 34-603) Direct Select 
not-to-exceed $500K.
(Straight Sealed Bid for Contractors)
• Design-Bid Build
• Construction Manager at Risk (CMAR) (RFQ)
• Design-Build (RFQ)
• Job-Order-Contracting – (RFQ) –
–Some Linking Agreements if approved by Procurement 
Division

Emergency Procurements
3
A.R.S § 34-606
Authorization so long as:
• This is a written determination of a threat to public 
health, welfare, or safety that make compliance 
“impracticable, unnecessary or contrary to the public 
interest.”
• Must make the procurement with “such competition as 
is practicable under the circumstances.”
• Council must ratify at the next Council meeting.

Overview / Questions
4
Perhaps an excellent example of how not to allow a statute scheme to evolve.
Very difficult to work with.
For that reason, informal survey and observation, ineffective.
Frequently either ignored or inadvertently not complied.
Some level of comfort comes from fact that it is so difficult, also not 
challenged.
Should not be taken as a invitation.
Statute and should be complied with.
Compliance may be inefficient and add costs.
Purpose of the bidding statute “is to preserve the integrity of the competitive 
bidding process and prevent the misapplication of public funds.”
May be inconvenient.
Have to assume that legislature traded inefficiency for assurance of integrity.

Cont. Overview / Questions
5
From that standpoint, important to understand and apply statutes governing public 
construction.
Other reasons for compliance:
Title 34 imposes civil sanctions on the public entity of up to $10,000 for a first 
violation; $25,000 for a second violation; $75,000 for a third violation, A.R.S. §§
34-203(A) and 34-613.
A.R.S. §§ 34-605(G)(1)
After June 30, 2025, City cannot use CMAR, Job-Order-Contracting, or Design-
Build for any horizontal construction.