Terms Used In Arizona Laws > Title 41 > Chapter 23 - Arizona Procurement Code

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Address: means a mailing address. See Arizona Laws 10-140
• Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person. See Arizona Laws 10-2051
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Architect services: means those professional architect services that are within the scope of architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 41-2503
• Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bequest: Property gifted by will.
• Broadband service: means providing access and transport to the internet, computer processing, information storage or protocol conversion at a download rate of at least twenty-five megabits per second and at an upload rate of at least three megabits per second. See Arizona Laws 10-2051
• Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity. See Arizona Laws 41-2503
• Change order: means a written order that is signed by a procurement officer and that directs the contractor to make changes that the changes clause of the contract authorizes the procurement officer to order. See Arizona Laws 41-2503
• Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
• Commission: means the Arizona corporation commission. See Arizona Laws 10-140
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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. See Arizona Laws 41-2503

• Construction-manager-at-risk: means a project delivery method in which:

  (a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the purchasing agency may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. See Arizona Laws 41-2503

• Contract: A legal written agreement that becomes binding when signed.
• Contract: means all types of state agreements, regardless of what they may be called, for the procurement of materials, services, construction, construction services or the disposal of materials. See Arizona Laws 41-2503
• Contract modification: means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract. See Arizona Laws 41-2503
• Contractor: means any person who has a contract with a state governmental unit. See Arizona Laws 41-2503
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative: means a corporation that is organized under this article or that becomes subject to this article in the manner provided in this article. See Arizona Laws 10-2051
• Cooperative purchasing: means procurement conducted by, or on behalf of, more than one public procurement unit. See Arizona Laws 41-2631
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means the aggregate cost of all materials and services, including labor performed by force account. See Arizona Laws 41-2571
• Court: means the superior court of this state. See Arizona Laws 10-140
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means documented information, regardless of form or characteristic. See Arizona Laws 41-2503
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
• Demonstration project: means a project in which a vendor supplies a service or material to this state for which the state does not pay but for which this state may be obligated to provide routine support such as utility cost and operating personnel. See Arizona Laws 41-2531
• Department: means the department of administration. See Arizona Laws 41-2503
• Design professional: means an individual or firm that is registered by the state board of technical registration pursuant to Title 32, Chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and any person employed by the registered individual or firm. See Arizona Laws 41-2503
• Design professional service contract: means a written agreement relating to the planning, design, construction administration, study, evaluation, consulting, inspection, surveying, mapping, material sampling, testing or other professional, scientific or technical services furnished in connection with any actual or proposed study, planning, survey, environmental remediation, construction, improvement, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility or development or other improvement to land. See Arizona Laws 41-2571
• Design professional services: means architect services, engineer services, land surveying services, geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or employees or subconsultants of the design professional. See Arizona Laws 41-2571
• Design services: means architect services, engineer services or landscape architect services. See Arizona Laws 41-2503
• Design-bid-build: means a project delivery method in which:

  (a) There is a sequential award of two separate contracts. See Arizona Laws 41-2503

• Design-build: means a project delivery method in which:

  (a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the purchasing agency may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services. See Arizona Laws 41-2503

• Designee: means a duly authorized representative of the director. See Arizona Laws 41-2503
• Devise: To gift property by will.
• Director: means the director of the department of administration. See Arizona Laws 41-2503
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means an individual drawing a salary from a state governmental unit, whether elected or not, and any noncompensated individual performing personal services for any state governmental unit. See Arizona Laws 41-2503
• Engineer services: means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. See Arizona Laws 41-2503
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• External procurement activity: means any buying organization not located in this state that would qualify as a public procurement unit. See Arizona Laws 41-2631
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:

  (a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140

• Finance services: means financing for a construction services project. See Arizona Laws 41-2503
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grant: means the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person for the purpose of supporting or stimulating educational, cultural, social or economic quality of life. See Arizona Laws 41-2503
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Information services: means data processing, telecommunications and office systems technologies and services. See Arizona Laws 41-2671
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web. See Arizona Laws 41-2671
• Invitation for bids: means all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in section 41-2533. See Arizona Laws 41-2531
• Job-order-contracting: means a project delivery method in which:

  (a) The contract is a requirements contract for indefinite quantities of construction. See Arizona Laws 41-2503

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landscape architect services: means those professional landscape architect services that are within the scope of landscape architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 41-2503
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local public procurement unit: means any political subdivision, any agency, board, department or other instrumentality of such political subdivision and any nonprofit corporation created solely for the purpose of administering a cooperative purchase under this article. See Arizona Laws 41-2631
• Maintenance services: means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. See Arizona Laws 41-2503
• Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
• Membership: refers to the rights and obligations a member or members have pursuant to a corporation's articles of incorporation and bylaws and chapters 24 through 40 of this title. See Arizona Laws 10-3140
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multistep sealed bidding: means a two phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by this state and a second phase in which those bidders whose technical offers are determined to be acceptable during the first phase have their price bids considered. See Arizona Laws 41-2531
• Nonexpendable materials: means all tangible materials which have an original acquisition cost over an amount set by regulation and a probable useful life of more than one year. See Arizona Laws 41-2601
• Nonprofit corporation: means any nonprofit corporation as designated by the internal revenue service under section 501(c)(3) through 501(c)(6) or under section 115, if created by two or more local public procurement units, and includes certified nonprofit agencies that serve individuals with disabilities as defined in section 41-2636. See Arizona Laws 41-2631
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• On-line bidding: means a procurement process in which public agencies receive vendors' bids for goods, services, construction or information services electronically over the internet in a real-time, competitive bidding event. See Arizona Laws 41-2671
• Operations services: means routine operation of existing facilities, structures, buildings or real property. See Arizona Laws 41-2503
• Owner: means a state purchasing agency or state governmental unit. See Arizona Laws 41-2503
• Paper: means newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and related types of cellulosic material containing not more than ten per cent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants. See Arizona Laws 41-2531
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any corporation, business, individual, union, committee, club, other organization or group of individuals. See Arizona Laws 41-2503
• Person: means a natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency of a state or any body politic. See Arizona Laws 10-2051
• Person: includes an individual and entity. See Arizona Laws 10-140
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Post-consumer material: means a discard generated by a business or residence that has fulfilled its useful life. See Arizona Laws 41-2531
• Preconstruction services: means services and other activities during the design phase. See Arizona Laws 41-2503
• Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located or in any other document executed by the corporation by an officer and delivered to the commission for filing. See Arizona Laws 10-140
• Proceeding: includes a civil suit and a criminal, administrative and investigatory action. See Arizona Laws 10-140
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public procurement unit: means either a local public procurement unit, the department, any other state or an agency of the United States. See Arizona Laws 41-2631
• Purchase description: means the words used in a solicitation to describe the materials, services or construction for purchase and includes specifications attached to, or made a part of, the solicitation. See Arizona Laws 41-2531
• Purchasing agency: means any state governmental unit that is authorized by this chapter or rules adopted pursuant to this chapter, or by way of delegation from the director, to enter into contracts. See Arizona Laws 41-2503
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Request for information: means all documents issued to vendors for the sole purpose of seeking information about the availability in the commercial marketplace of materials or services. See Arizona Laws 41-2531
• Request for proposals: means all documents, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in section 41-2534. See Arizona Laws 41-2531
• Responsive bidder: means a person who submits a bid which conforms in all material respects to the invitation for bids. See Arizona Laws 41-2531
• Secretary: means that officer designated as the secretary in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of secretary, irrespective of the name by which designated. See Arizona Laws 10-140
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• specification: means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. See Arizona Laws 41-2561
• State governmental unit: means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of this state. See Arizona Laws 41-2503
• Statute: A law passed by a legislature.
• Subconsultant: means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with a design professional or another subconsultant to perform a portion of the work under a design professional service contract. See Arizona Laws 41-2571
• Subcontractor: means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a state governmental unit. See Arizona Laws 41-2503
• Surplus materials: means any materials that no longer have any use to this state or materials acquired from the United States government. See Arizona Laws 41-2601
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• trustees: means individuals, designated in the articles of incorporation or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Arizona Laws 10-3140
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• United States: includes a district, authority, bureau, commission and department and any other agency of the United States. See Arizona Laws 10-140
• Unsolicited proposal: means a written proposal that is submitted on the initiative of the offeror for the purposes of obtaining a contract with this state and that is not in response to a formal or informal request from this state. See Arizona Laws 41-2531
• Using agency: means any state governmental unit that uses any materials, services or construction procured under this chapter. See Arizona Laws 41-2503
• Wastepaper: means recyclable paper and paperboard, including high grade office paper, computer paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and corrugated paper. See Arizona Laws 41-2531
• Writing: includes printing. See Arizona Laws 1-215
• written: includes blockchain technology as defined in section 44-7061. See Arizona Laws 10-140