Page 36 - The Edge - Spring 2021

PROCUREMENT

BY BILL MUNCH, CPPO, CPPB
Newspaper Advertising for Bids and RFPs

Bill Munch
<a href="https://www.vecteezy.com/free-vector/discipline">Discipline Vectors by Vecteezy</a
One of the questions I get on regular basis is what newspaper. All formal procurements where the district
the requirements are for newspaper advertising of our has four or fewer prospective bidders on the bidders list
solicitations. It tends to be a bit more complicated than must be newspaper advertised.
it needs to be. However, I will do my best to break it
down and simplify it as much as possible. If the district has five or more vendors on its official bid list,
the newspaper advertisement requirement only applies to
Below are the Arizona School District Procurement certain services. For example, services of certified public
Rules that apply to newspaper advertising. accountants, physicians, dentists and legal counsel are
not required to be newspaper advertised, as referenced
“R7-2-1022. Notice of Competitive Sealed Bidding by rules R7-2-1061 through R7-2-1068. The services of
A. Adequate public notice of the invitation for bids an architect, engineer, land surveyor, assayer, geologist
shall be given as provided in R7-2-1024. Notice also and landscape architect, as well as Alternative Project
may be given as provided in subsection (B). In the Delivery Method construction services are not required
event there are four or fewer prospective bidders to be newspaper advertised, as referenced by rules R7-2-
on the bidders list, then notice also shall be given 1100 through R7-2-1123. Since “construction” is not a
as provided in subsection (B). If the invitation service, hard bids for construction are also not required
for bids is for the procurement of services other by the rules to be newspaper advertised. However, keep
than those described in R7-2-1061 through R7-2- in mind that the School Facilities Board, as part of
1068 and R7-2-1100 through R7-2-1123, notice Building Renewal Grant program, has required school
also shall be given as provided in subsection (B). districts to newspaper advertise building renewal
construction projects they fund, in accordance with the
B. If required by subsection A, the notice shall rule above unless the district receives a formal waiver
include publication in the official newspaper of the from the School Facilities Board.
county, within which the school district is located,
as prescribed in A.R.S. § 11-255 The publication, As of July 1, 2020, you need only advertise once. You
shall occur in a reasonable time before bid opening, can advertise twice or more, but you are not required to
which shall not be less than 14 days before bid do so. The key is that one advertisement must be posted
opening. The time of publication may be altered at least 14 days before the bid opening. Best practice is
if deemed necessary pursuant to R7-2-1024(A). to have the advertisement post the same day you issue or
before to be fair to all vendors involved, but the rule does
C. In addition to the notice provided in subsections (A) not specifically require it. A district can also newspaper
and (B), the school district may give such additional advertise even if the rules don’t specifically require it.
notice as the school district deems appropriate, Paragraph C even suggests internet postings. We can
including posting on a designated site on the Internet.” always do more than the rules require!

You will note from the rule above (Paragraph A), school A district must advertise in the official newspaper of
districts are required to newspaper advertise all bids the county, within which the school district is located,
and RFPs if the district has fewer than five vendors on as prescribed in A.R.S. § 11-255. Each county will
its official bid list. This is your first test as to whether determine the official newspaper, which can change
or not the formal procurement must be advertised in a from time to time. Districts should contact their county

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36 THE EDGE SPRING 2021