procurement; professionals; construction services

HB2692 - 572R - H Ver

House Engrossed

procurement;
professionals; construction services

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2692

AN
ACT

Amending sections 34-101, 34-603 and 34-605,
Arizona Revised Statutes; relating to public buildings.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 34-101, Arizona Revised
Statutes, is amended to read:

START_STATUTE
34-101.

Definitions

In this title, unless the context otherwise requires:

1. "Agent":

(a) Means any county, city or town, or officer,
board or commission of any county, city or town, and irrigation, power,
electrical, drainage, flood protection and flood control districts, tax levying
public improvement districts and county or city improvement districts.

(b) Includes any county board of supervisors and any
representative authorized by an agent to act as an agent for the purpose of
authorizing necessary change orders to previously awarded contracts in
accordance with guidelines established by rule of the agent, including the
board of supervisors.

2. "Architect services" means those
professional architect services that are within the scope of architectural
practice as provided in title 32, chapter 1.

3. "Construction":

(a) Means the process of building, altering,
repairing, improving or demolishing any public structure or building or other
public improvements of any kind to any public real property.

(b) Does not include the routine operation, routine
repair or routine maintenance of existing facilities, structures, buildings or
real property.

4. "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 agent may elect separate
contracts for preconstruction services during the design phase, for
construction during the construction phase and for any other construction
services.

(b) The contract for construction services may be
entered into at the same time as the contract for design services or at a later
time.

(c) Design and construction of the project may be
either:

(i) Sequential with the entire design complete
before construction commences.

(ii) Concurrent with the design produced in two or
more phases and construction of some phases commencing before the entire design
is complete.

(d) Finance services, maintenance services,
operations services, preconstruction services and other related services may be
included.

5. "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.

(b) A combination of construction and, as elected by
the agent, one or more related services, such as finance services, maintenance
services, operations services, design services and preconstruction services, as
those services are authorized in the definitions of construction-manager-at-risk,
design-build or job-order-contracting in this section.

6. "Contract" means all types of agent
agreements, regardless of what they are called, for the procurement of services
pursuant to this title.

7. "Contractor" means any person who has a
contract with an agent.

8. "Design-bid-build" means a
project delivery method in which:

(a) There is a sequential award of two separate
contracts.

(b) The first contract is for design services.

(c) The second contract is for construction.

(d) Design and construction of the project are in
sequential phases.

(e) Finance services, maintenance services and
operations services are not included.

9. "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 agent 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.

(b) Design and construction of the project may be
either:

(i) Sequential with the entire design complete
before construction commences.

(ii) Concurrent with the design produced in two or
more phases and construction of some phases commencing before the entire design
is complete.

(c) Finance services, maintenance services,
operations services, preconstruction services and other related services may be
included.

10. "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 persons employed by the registered
individual or firm.

11. "Design requirements":

(a) Means at a minimum the agent's written
description of the project or service to be procured, including:

(i) The required features, functions,
characteristics, qualities and properties.

(ii) The anticipated schedule, including start,
duration and completion.

(iii) The estimated budgets applicable to the
specific procurement for design and construction and, if applicable, for
operation and maintenance.

(b) May include:

(i) Drawings and other documents illustrating the
scale and relationship of the features, functions and characteristics of the
project, which shall all be prepared by a design professional who is registered
pursuant to section 32-121.

(ii) Additional design information or documents that
the agent elects to include.

12. "Design services" means architect
services, engineer services or landscape architect services.

13. "Direct selection" means the selection
of a technical registrant without the requirement of advertising or the use of
a current register.

14. "Engineer services" means those
professional engineer services that are within the scope of engineering
practice as provided in title 32, chapter 1.

15. "Finance services" means financing for
a construction services project.

16. "Horizontal construction" means
construction of highways, roads, streets,
pipelines,
bridges,
canals, floodways, earthen dams, landfills, light rail and airport runways,
taxiways and aprons. For the purposes of this paragraph
:
,

(
a
)
Light
rail does not include any related rail stations, maintenance facilities or
parking facilities.

(
b
) Pipelines
do not include MUNICIPALLY OWNED natural gas pipelines, regulator stations for
gas pipelines, gate stations for gas pipelines or meter assemblies for gas
pipelines.

17. "Job-order-contracting"
means a project delivery method in which:

(a) The contract is a requirements contract for
indefinite quantities of construction.

(b) The construction to be performed is specified in
job orders issued during the contract.

(c) Finance services, maintenance services,
operations services, preconstruction services, design services and other
related services may be included.

18. "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.

19. "Maintenance services" means routine
maintenance, repair and replacement of existing facilities, structures,
buildings or real property.

20. "Materials":

(a) Means all property, including equipment,
supplies, printing, insurance and leases of property.

(b) Does not include land, a permanent interest in
land or real property or leasing space.

21. "Operations services" means routine
operation of existing facilities, structures, buildings or real property.

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

23. "Preconstruction services" means
services and other activities during the design phase.

24. "Procurement":

(a) Means buying, purchasing, renting, leasing or
otherwise acquiring any materials, services, construction or construction
services.

(b) Includes all functions that pertain to obtaining
any materials, services, construction or construction services, including
description of requirements, selection and solicitation of sources, preparation
and award of contract and all phases of contract administration.

25. "Public competition" means a
competitive procurement process pursuant to section 34-103, subsection G
that includes advertising in a public newspaper and a qualification-based
selection process.

26. "Services":

(a) Means the furnishing of labor, time or effort by
a contractor or subcontractor that does not involve the delivery of a specific
end product other than required reports and performance.

(b) Does not include employment agreements or
collective bargaining agreements.

27. "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 an agent.

28. "Technical registrant" means a person
who provides any of the professional services listed in title 32, chapter 1.
END_STATUTE

Sec. 2. Section 34-603, Arizona Revised
Statutes, is amended to read:

START_STATUTE
34-603.

Procurement of professional services and
construction-manager-at-risk, design-build and job-order-contracting
construction services; definition

A. Except for services that are under a single
contract and that an agent procures pursuant to section 34-103 or 34-606,
an agent shall procure a single contract for the following services pursuant to
this section:

1. Architect services.

2. Construction-manager-at-risk
construction services.

3. Design-build construction services.

4. Engineer services.

5. Job-order-contracting construction
services.

6. Landscape architect services.

7. Assayer services.

8. Geologist services.

9. Land surveying services.

10. Program management services.

11. Project management and
construction management services.

12. Land and Right-of-Way acquisition
services.

B. An agent shall provide notice of each procurement
of professional services or construction services specified in this section and
shall award the single contract on the basis of demonstrated competence and
qualifications for the type of professional services or construction services
pursuant to the procedures prescribed in this section.

C. In a procurement of a single contract for
professional services or construction services pursuant to this section:

1. The following requirements apply:

(a) The agent and the selection committee shall not
request or consider fees, price, man-hours or any other cost information at any
point in the selection process under this subsection or under subsection D of
this section, including the selection of persons or firms to be interviewed,
the selection of persons or firms to be on the final list, in determining the
order of preference of persons or firms on the final list or for any other
purpose in the selection process.

(b) In determining the persons or firms to
participate in any interviews and in determining the persons and firms to be on
the final list and their order on the final list, the selection committee shall
use and shall consider only the criteria and weighting of criteria specified by
the agent for that purpose as provided in this subsection.� No other factors or
criteria may be used in the evaluation, determinations and other actions.

(c) An agent is limited to one contract in each
procurement under this section.� Alternatively:

(i) For construction-manager-at-risk
construction services, an agent may elect separate contracts for
preconstruction services during the design phase, for construction during the
construction phase and for any other construction services.

(ii) For design-build construction services,
an agent 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.

(iii) For professional services, an agent may enter
into multiple contracts for different phases of a single project.

(d) All construction-manager-at-risk
construction services or design-build construction services included in a
procurement under this section shall be limited to construction services
to be performed at a single location, a common location or, if the construction
services are all for a similar purpose, multiple locations. For
construction-manager-at-risk construction services and
design-build construction services to be performed at multiple locations:

(i) At the time the request for qualifications is
issued, the agent must intend to commence all construction at each location
within thirty months after execution of the first contract for preconstruction
services or other construction services at any of the locations.

(ii) The request for qualifications must include the
information described in paragraph 2, subdivision (g) of this subsection.

(e) If the agent enters into the first contract for
preconstruction services, construction services or professional services as the
result of the procurement, the procurement under this section
ends. After execution of that first contract the agent may not use
the procurement or the existing final list in the procurement as the basis for
entering into a contract with any other person or firm that participated in the
procurement.

(f) Notwithstanding any other provision of this
section specifying the number of persons or firms to be interviewed, the number
of persons or firms to be on a final list or any other numerical specification
in this section:

(i) If a smaller number of persons or firms respond
to the request for qualifications or if one or more persons or firms drop out
of the procurement so that there is a smaller number of persons or firms
participating in the procurement, the agent may elect to proceed with the
procurement with the participating persons or firms if there are at least two
participating responsive and responsible persons or firms.� Alternatively, the
agent may elect to terminate the procurement.

(ii) As to a request for qualifications for
professional services or construction services to be negotiated pursuant to
subsection E of this section only, if only one responsive and responsible
person or firm responds to the request for qualifications or, if one or more
persons or firms drop out of the procurement so that only one responsive and
responsible person or firm remains in the procurement, the agent may elect to
proceed with the procurement with only one person or firm if the agent determines
in writing that the fee negotiated pursuant to subsection E of this section is
fair and reasonable and that either other prospective persons or firms had
reasonable opportunity to respond or there is not adequate time for a
resolicitation.

(iii) If a person or firm on the final list
withdraws or is removed from the procurement and the selection committee
determines that it is in the best interest of the agent, the selection
committee may replace that person or firm on the final list with another person
or firm that submitted qualifications in the procurement and that is selected
by the selection committee as the next most qualified.

2. An agent shall issue a request for qualifications
for each procurement and publish notice of the request for
qualifications. This notice shall be published by advertising in a
newspaper of general circulation in the county in which the agent is located
for two consecutive publications if it is a weekly newspaper or for two
publications that are at least six but no more than ten days apart if it is a
daily newspaper. The request for qualifications shall:

(a) State that one contract may or will be awarded,
describe the services to be performed under the contract and state that one
person or firm may or will be awarded the contract.

(b) In a procurement of a contract to be negotiated
under subsection E of this section, state that there will be a single final
list of at least three and not more than five persons or firms. In a
procurement in which the contract will be awarded under subsection F of this
section, the request for qualifications shall state that there will be a single
final list and that the number of persons or firms on the final list will be
three.

(c) As prescribed below, state the selection
criteria and relative weight of the selection criteria to be used by the
selection committee, except that for construction services one of the criteria
shall be the person's or firm's subcontractor selection plan or procedures to
implement the agent's subcontractor selection plan. All selection
criteria under this subsection shall be factors that demonstrate competence and
qualifications for the type of professional services or construction services
included in the procurement.� If:

(i) Interviews will be held, the request for
qualifications shall state the selection criteria and relative weight of the
selection criteria to be used in selecting the persons or firms to be
interviewed and the request for qualifications may state the selection criteria
and relative weight of the selection criteria to be used in selecting the
persons or firms on the final list and in determining their order on the final
list.� The final list selection criteria and relative weights may be different
than the selection criteria and relative weights used to determine the persons
or firms to be interviewed.� The request for qualifications shall also state
whether the agent will select the persons or firms on the final list and their
order on the final list solely through the results of the interview process or
through the combined results of both the interview process and the evaluation
of statements of qualifications and performance data submitted in response to
the agent's request for qualifications.

(ii) Interviews will not be held, the request for
qualifications shall state the selection criteria and relative weight of the
selection criteria to be used in selecting the persons or firms on the final
list and in determining their order on the final list.

(d) If the agent will hold interviews as part of the
selection process, state that interviews will be held and that the interviews
will be with at least three but not more than five persons or firms.

(e) For procurements of construction services,
include either:

(i) A requirement that each person or firm submit a
proposed subcontractor selection plan and a requirement that the proposed
subcontractor selection plan must select subcontractors based on qualifications
alone or on a combination of qualifications and price and shall not select
subcontractors based on price alone.

(ii) A subcontractor selection plan adopted by the
agent that applies to the person or firm that is selected to perform the
construction services and that requires subcontractors to be selected based on
qualifications alone or on a combination of qualifications and price and not
based on price alone and a requirement that each person or firm must submit a
description of the procedures it proposes to use to implement the agent's
subcontractor selection plan.

(f) Include a description of the publicly available
location of the agent's protest policy and procedures or, if the agent does not
have a protest policy and procedures, a statement that the protest policy and
procedures referred to in subsection
J
K
of this section apply to any protests in connection with the
procurement.

(g) In a procurement of construction-manager-at-risk
construction services or design-build construction services to be performed at
multiple locations, include:

(i) A brief description of the construction services
to be performed at each location.

(ii) The estimated budget for the construction
services to be performed at each location.

(iii) A schedule for the construction services to be
performed at each location that shows the agent's intent to commence all
construction at each location within thirty months after execution of the first
contract for preconstruction services or other construction services at any of
the locations.

3. An agent shall initiate an appropriately
qualified selection committee for each request for
qualifications. The agent shall ensure that the selection committee
members are competent to serve on the selection committee.� Each selection
committee must include one employee of the agent or an agent representative who
is appointed by the agent.� If the agent is procuring professional services,
the agent shall determine the number and qualifications of the selection
committee members. A selection committee for the procurement of
construction services shall not have more than seven members, except that, if
the contract involves the agent and additional governmental or private
participants, the number of members of the selection committee shall be
increased by one for each additional participant, except that the maximum
number of members of the selection committee is nine. The selection
committee for construction services shall include at least one person who is a
senior management employee of a licensed contractor and one person who is an
architect or an engineer who is registered pursuant to section 32-121. These
members may be employees of the agent or outside
consultants. Outside contractors, architects and engineers serving
on a selection committee shall not receive compensation from the agent for
performing this service, but the agent may elect to reimburse outside
contractors, architects and engineers for travel, lodging and other expenses
incurred in connection with service on a selection committee. A
person who is a member of a selection committee shall not be a contractor under
a contract awarded under the procurement or provide any professional services,
construction, construction services, materials or other services under the
contract.� The selection committee and the agent shall do the following:

(a) If interviews are specified in the request for
qualifications:

(i) The selection committee shall determine the
persons or firms to be interviewed by evaluating the statements of
qualifications and performance data that are submitted in response to the
agent's request for qualifications based only on the selection criteria and
relative weight of the selection criteria stated in the request for
qualifications to be used to determine the persons or firms to be interviewed.

(ii) If the selection criteria and relative weight
of the selection criteria to be used by the selection committee to select the
persons or firms on the final list and to determine their order on the final
list are not included in the request for qualifications, before the interviews
are held the agent shall distribute to the persons or firms to be interviewed
the selection criteria and relative weight of the selection criteria to be used
to select the persons or firms on the final list and to determine their order
on the final list. These selection criteria and relative weight may
be different than the selection criteria and relative weight used to determine
the persons or firms to be interviewed.

(iii) The selection committee shall conduct
interviews with the number of persons or firms to be interviewed as stated in
the request for qualifications regarding the professional services or
construction services and the relative methods of approach for furnishing the
required professional services or construction services.

(b) Based only on the selection criteria and
relative weight of the selection criteria specified as provided in this
subsection for selection of the persons or firms on the final list and their
order on the final list, the selection committee shall select the persons or
firms for the final list and, in the case of a final list for a contract that
will be negotiated under subsection E of this section, rank the persons or
firms on the final list in order of preference.

(c) If the contract will be negotiated under
subsection E of this section, before or at the same time as the agent notifies
the highest ranking person or firm on the final list that it is the highest
ranking person or firm, the agent shall send actual notice to each of the
following that it is not the highest person or firm on the final list or that
another person or firm is the highest ranking person or firm on the final list:

(i) If interviews were held, the other persons and
firms interviewed.

(ii) If interviews were not held, the other persons
and firms that made submittals.

(d) If the contract will be awarded under subsection
F of this section, before or at the same time as the agent notifies the persons
or firms on the final list that they are on the final list, the agent shall
send actual notice to each of the following persons or firms that they are not
on the final list or that other persons or firms are on the final list:

(i) If interviews were held, the other persons or
firms interviewed.

(ii) If interviews were not held, the other persons
or firms that made submittals.

D. An agent shall award the single contract under
the procurement as provided in subsection E
,

or
F
or G
of this section.

E. The agent shall conduct negotiations with persons
or firms on the final list as follows:

1. The procurement is for a single contract for
construction services or professional services, and there is one final list.

2. The negotiations shall include consideration of
compensation and other contract terms that the agent determines to be fair and
reasonable to the agent. In making this decision, the agent shall
take into account the estimated value, the scope, the complexity and the nature
of the professional services or construction services to be rendered.

3. The agent shall enter into negotiations with the
highest qualified person or firm on the final list.

4. If the agent is not able to negotiate a
satisfactory contract with the highest qualified person or firm on the final
list, at compensation and on other contract terms the agent determines to be
fair and reasonable, the agent shall formally terminate negotiations with that
person or firm.� The agent shall then undertake negotiations with the next most
qualified person or firm on the final list in sequence until an agreement is
reached or a determination is made to reject all persons or firms on the final
list.

5. If in a procurement under this section the agent
terminates negotiations with a person or firm on the final list and commences
negotiations with another person or firm on the final list, the agent shall not
in that procurement recommence negotiations or enter into a contract for the
construction services or professional services covered by the final list with
any person or firm on the final list with whom the agent has terminated
negotiations.

F. As an alternative to subsection E of this
section, an agent may award a single contract for design-build
construction services or job-order-contracting construction
services as follows:

1. The agent shall use the selection committee
appointed for the request for qualifications pursuant to subsection C of this
section.

2. The agent shall issue a request for proposals to
the persons or firms on the final list developed pursuant to subsection C of
this section.

3. The request for proposals shall include:

(a) The agent's project schedule and project final
budget for design and construction or life cycle budget for a procurement that
includes maintenance services or operations services.

(b) A statement that the contract will be awarded to
the offeror whose proposal receives the highest number of points under a
scoring method.

(c) A description of the scoring method, including a
list of the factors in the scoring method and the number of points allocated to
each factor.� The factors in the scoring method may include:

(i) For design-build construction services
only, demonstrated compliance with the design requirements.

(ii) Offeror qualifications.

(iii) Offeror financial capacity.

(iv) Compliance with the agent's project schedule.

(v) For design-build construction services
only, if the request for proposals specifies that the agent will spend its
project budget and not more than its project budget and is seeking the best
proposal for the project budget, compliance of the offeror's price or life cycle
price for procurements that include maintenance services, operations services
or finance services with the agent's budget as prescribed in the request for
proposals.

(vi) For design-build construction services if
the request for proposals does not contain the specifications prescribed in
item (v) of this subdivision and for job-order-contracting
construction services, the price or life cycle price for procurements that
include maintenance services, operations services or finance services.

(vii) An offeror quality management plan.

(viii) Other evaluation factors that demonstrate
competence and qualifications for the type of construction services in the
request for proposals as determined by the agent, if any.

(d) For design-build construction services
only, the design requirements.

(e) A requirement that each offeror submit
separately a technical proposal and a price proposal and that the offeror's
entire proposal be responsive to the requirements in the request for
proposals. For design-build construction services, the price
in the price proposal shall be a fixed price or a guaranteed maximum price.

(f) A statement that in applying the scoring method
the selection committee will separately evaluate the technical proposal and the
price proposal and will evaluate and score the technical proposal before
opening the price proposal.

(g) If the agent conducts discussions pursuant to
paragraph 5 of this subsection, a statement that discussions will be held and a
requirement that each offeror submit a preliminary technical proposal before
the discussions are held.

4. If the agent determines to conduct discussions
pursuant to paragraph 5 of this subsection, each offeror shall submit a
preliminary technical proposal to the agent before those discussions are held.

5. If determined by the agent and included by the
agent in the request for proposals, the selection committee shall conduct
discussions with all offerors that submit preliminary technical proposals.�
Discussions shall be for the purpose of clarification to ensure full
understanding of, and responsiveness to, the solicitation requirements.�
Offerors shall be accorded fair treatment with respect to any opportunity for
discussion and for clarification by the owner. Revision of preliminary
technical proposals shall be permitted after submission of preliminary
technical proposals and before award for the purpose of obtaining best and
final proposals. In conducting any discussions, information derived
from proposals submitted by competing offerors shall not be disclosed to other
competing offerors.

6. After completion of any discussions pursuant to
paragraph 5 of this subsection or if no discussions are held, each offeror
shall submit separately the offeror's final technical proposal and its price
proposal.

7. Before opening any price proposal, the selection
committee shall open the final technical proposals, evaluate the final
technical proposals and score the final technical proposals using the scoring
method in the request for proposals. No other factors or criteria
may be used in the evaluation and scoring.

8. After completion of the evaluation and scoring of
all final technical proposals, the selection committee shall open the price
proposals, evaluate the price proposals, score the price proposals and complete
the scoring of the entire proposals using the scoring method in the request for
proposals. No other factors or criteria may be used in the
evaluation and scoring.

9. The agent shall award the contract or contracts
to the responsive and responsible offeror whose proposal receives the highest
score under the method of scoring in the request for proposals.� No other
factors or criteria may be used in the evaluation. Before or at the
same time as the agent notifies the winning offeror that it has won, the agent
shall send actual notice to each other offeror either that the offeror has not
won or that another offeror has won.

10. The contract or contracts file shall contain the
basis on which the award is made, including at a minimum the information and
documents required under subsection
G

H
of this section.

11. For design-build construction services
only, the agent shall award a stipulated fee equal to a percentage, as
prescribed in the request for proposals, of the agent's project final budget
for design and construction, as prescribed in the request for proposals, but at
least four-tenths of one percent of the project final budget for design
and construction to each final list offeror who provides a responsive, but
unsuccessful, proposal. If the agent does not award a contract, all
responsive final list offerors shall receive the stipulated fee based on the
owner's project final budget for design and construction as included in the
request for proposals. The agent shall pay the stipulated fee to
each offeror within ninety days after the award of the initial contract or the
decision not to award a contract. In consideration for paying the
stipulated fee, the agent may use any ideas or information contained in the
proposals in connection with any contract awarded for the project, or in
connection with a subsequent procurement, without any obligation to pay any
additional compensation to the offerors.� Notwithstanding the other provisions
of this paragraph, an offeror may elect to waive the stipulated
fee. If an offeror elects to waive the stipulated fee, the agent may
not use ideas and information contained in the offeror's proposal, except that
this restriction does not prevent the agent from using any idea or information
if the idea or information is also included in a proposal of an offeror that
accepts the stipulated fee.

G. As an alternative to subsections E
and F of this section, an agent may award a single contract for job-order-contracting
construction services as follows:

1. The agent may use a cooperative
purchasing agreement to procure a contract for job-order-contracting
construction services if the cooperative agreement complies with all of the
following:

(
a
) The public
procurement unit as defined in section 41-2631 conducting or
administering the cooperative purchasing agreement to procure job-order-contracting
construction services complies with the requirements of subsection E or F of
this section and section 41-2632.

(
b
) The agent
enters into the job-order-contracting construction services
contract for a single project.

(
c
) The single
project scope of work is consistent with the scope of work described in the
cooperative agreement.

(
d
) The single
project value does not exceed the maximum job order value established by the
cooperative agreement.

G.

H.
At
a minimum, the agent shall retain the following for each procurement under this
section:

1. For each request for qualifications procurement
process under subsection C or
subsection K, paragraph 2

L
of this section:

(a) If interviews were not held:

(i) The submittal of the person or firm listed first
on the final list and, if different, the submittal of the person or firm with
which the agent enters into a contract.

(ii) The final list.

(iii) A list of the selection criteria and relative
weight of selection criteria used to select the persons or firms for the final
list and to determine their order on the final list.

(iv) A list that contains the name of each person or
firm that submitted qualifications and that shows the person's or firm's final
overall rank or score.

(v) A document or documents that show the final
score or rank on each selection criterion of each person or firm that submitted
qualifications and that support the final overall rankings and scores of the
persons or firms that submitted qualifications. At the election of
the agent, this documentation may be in the form of a consolidated scoring
sheet for the entire selection committee, in the form of individual scoring
sheets for individual selection committee members or any other form as
determined by the agent.

(b) If interviews were held:

(i) All submittals of the person or firm listed
first on the final list and, if different, all submittals of the person or firm
with which the agent enters into a contract.

(ii) The final list.

(iii) A list of the selection criteria and relative
weight of selection criteria used to select the persons or firms for the final
list and to determine their order on the final list.

(iv) A list that contains the name of each person or
firm that was interviewed and that shows the person's or firm's final overall
rank or score.

(v) A document or documents that show the final
score or rank on each selection criterion of each person or firm that was
interviewed and that support the final overall rankings and scores of the
persons or firms that were interviewed.� At the election of the agent, this
documentation may be in the form of a consolidated scoring sheet for the entire
selection committee, in the form of individual scoring sheets for individual
selection committee members or any other form as determined by the agent.

(vi) A list of the selection criteria and relative
weight of the selection criteria used to select the persons or firms for the
short list to be interviewed.

(vii) A list that contains the name of each person
or firm that submitted qualifications and that shows the person's or firm's
final overall rank or score in the selection of the persons or firms to be on
the short list to be interviewed.

(viii) A document or documents that show the final
score or rank on each selection criterion of each person or firm that submitted
qualifications and that support the final overall rankings and scores of the
persons or firms that submitted qualifications in the selection of the persons
or firms to be on the short list to be interviewed. At the election
of the agent, this documentation may be in the form of a consolidated scoring
sheet for the entire selection committee, in the form of individual scoring sheets
for the individual selection committee members or any other form as determined
by the agent.

2. For each request for proposals procurement
process under subsection F or
subsection K, paragraph 3
L
of this section:

(a) The entire proposal submitted by the person or
firm that received the highest score in the scoring method in the request for
proposals and, if different, the entire proposal submitted by the person or
firm with which the agent enters into a contract.

(b) The description of the scoring method, the list
of factors in the scoring method and the number of points allocated to each
factor, all as included in the request for proposals.

(c) A list that contains the name of each offeror
that submitted a proposal and that shows the offeror's final overall score.

(d) A document or documents that show the final
score on each factor in the scoring method in the request for proposals of each
offeror that submitted a proposal and that support the final overall scores of
the offerors that submitted proposals. At the election of the agent,
this documentation may be in the form of a consolidated scoring sheet for the
entire selection committee, in the form of individual scoring sheets for
individual selection committee members or in any other form as determined by
the agent.

H.

I.
Information
relating to each procurement under this section shall be made available to the
public as follows:

1. Notwithstanding title 39, chapter 1, article 2,
until the agent awards a contract or terminates the procurement, only the name
of each person or firm on the final list developed pursuant to subsection C or
subsection K, paragraph 2
N
of this
section may be made available to the public. All other information
received by the agent in response to the request for qualifications pursuant to
subsection C or
subsection K, paragraph 2
N

of this section or contained in proposals submitted pursuant to subsection F or

subsection K, paragraph 3

N
of this
section shall be confidential in order to avoid disclosure of the contents that
may be prejudicial to competing submitters and offerors during the selection
process.

2. After the agent awards the contract or terminates
the procurement, the agent shall make available to the public pursuant to title
39, chapter 1, article 2 at a minimum all of the items that the agent is
required to retain under subsection
G

H
of this section, except the proposals submitted in response to a
request for proposals under subsection F or
subsection K,
paragraph 3
L
of this section and the document or
documents prescribed in subsection
G

H
, paragraph 1, subdivision (a), item (v) and subdivision (b), items (v)
and (viii) and paragraph 2, subdivision (d) of this section.

3. The proposals submitted under subsection F or
subsection K, paragraph 3
L
of this
section shall not be made available to the public until after the agent has
entered into a contract or terminated the procurement.� At a minimum the
proposals submitted under subsection F or
subsection K, paragraph
3

L
of this section that the agent is required to
retain under subsection
G
H
of
this section shall be made available to the public after the agent has entered
into a contract or terminated the procurement.

4. To the extent that the offeror designates and the
agent concurs, trade secrets and other proprietary data contained in a proposal
remain confidential.

5. The document or documents prescribed in
subsection
G
H
, paragraph 1,
subdivision (a), item (v) and subdivision (b), items (v) and (viii) and
paragraph 2, subdivision (d) of this section are available to the extent
provided in title 39, chapter 1, article 2.

I.

J.
An
agent may cancel a request for qualifications or a request for proposals,
reject in whole or in part any or all submittals or proposals, or determine not
to enter into a contract as specified in the solicitation if the agent
determines in the agent's absolute and sole discretion that the action is in
the best interest of the agent. The agent shall make the reasons for
cancellation, rejection or determination not to enter into a contract part of
the contract file.

J.

K.
If
the agent does not have a procurement protest policy and procedures that have
been formally adopted and published by the agent, for protests relating to
procurements under this section the agent shall follow the procurement protest
policy and procedures of the department of administration. The agent
shall process all protests relating to procurements under this section.

K.

L.
Notwithstanding
any other law, in a procurement of a single contract for
construction-manager-at-risk construction services for
horizontal
construction under this section when the federal aviation administration or the
federal transit administration is a source of monies for the project and price
competition is required by the funding federal agency or applicable federal
law, rules or regulations, an agent that is a city with a population in excess
of one million persons or an agent that is a separate legal entity formed under
section 11-952 by a city with a population in excess of one million
persons and that is designated as a subgrantee by a city with a population in
excess of one million persons may do a two-step competition in accordance with
the following:
Public infrastructure projects under this
section only for federally funded projects, when price competition is required
by applicable federal law, rules or regulations or federal funding agency
guidance, an agent may conduct a one-step request for proposals best value
competition in accordance with the following:

1. Except as provided in
paragraphs 2
and 3 of
this subsection, all provisions of law applicable to
construction-manager-at-risk construction services apply to
construction-manager-at-risk construction services for
horizontal construction
public infrastructure

procured under this subsection, including the provisions applicable to
horizontal construction
such projects
. The
requirements in section 34-605, subsection B apply only if the contractor
provides preconstruction services. Bid security is not required
under section 34-608
for construction-manager-at-risk
construction services for horizontal construction procured under this
subsection
, but an agent may elect to require bid security
,
in which event the bid security process and requirements
shall be as set forth in section 34-608.

2. In the first step of the two-step
competition for procurement of construction-manager-at-risk
construction services for horizontal construction, the agent shall follow the
request for qualifications process and the requirements in subsection C of this
section. For purposes of applying the requirements in subsection C,
paragraph 1, subdivision (f), item (ii), paragraph 2, subdivision (b) and
paragraph 3, subdivisions (b), (c) and (d) of this section only, a procurement
under this subsection shall be deemed to be procurement of a contract to be
awarded under subsection F of this section and not of a contract to be
negotiated under subsection E of this section.

3. In the second step of the two-step
competition:

(a) The agent shall use the selection
committee appointed for the request for qualifications pursuant to subsection C
of this section.

(b) The agent shall issue a request
for proposals to the offerors on the final list developed pursuant to
subsection C of this section.

(c) The request for proposals shall
include:

(i) A statement that one contract may
or will be awarded and that one offeror may or will be awarded the contract.

(ii) A description of the
construction-manager-at-risk construction services for horizontal construction
to be performed under the contract.

(iii) A requirement that each offeror
submit separately a qualitative and technical proposal and a price proposal and
that the offeror's entire proposal be responsive to the requirements in the
request for proposals.

(iv) The required contents of the
qualitative and technical proposals and the price proposals.

(v) Information to be used by offerors
to prepare the qualitative and technical proposals and the price proposals.

(vi) A statement that in applying the
scoring method the selection committee will evaluate and score the qualitative
and technical proposals before opening the price proposals.

(vii) A statement that the agent will
use the scoring method described in the request for proposals to determine the
winning offeror and that the winning offeror will be the offeror whose proposal
receives the highest number of points under the scoring method.

(viii) A description of the scoring
method.� The scoring method shall be a best-value method in which the agent
establishes criteria to score the qualitative and technical proposal and
separate criteria to score the price proposal and the number of points assigned
to each criteria. The number of points assigned to price criteria
shall not exceed ten percent of the total number of points in the scoring
method.

(ix) If the agent elects to conduct
discussions pursuant to subdivision (e) of this paragraph, a statement that
discussions will be held and a requirement that each offeror submit a
preliminary qualitative and technical proposal before the discussions are held.

(d) If the agent determines to conduct
discussions pursuant to subdivision (e) of this paragraph, each offeror shall
submit a preliminary qualitative and technical proposal to the agent before
those discussions are held.

(e) If determined by the agent and
included by the agent in the request for proposals, the selection committee
shall conduct discussions with all offerors solely about their preliminary
qualitative and technical proposals. Discussions shall be for the
purpose of clarification to ensure full understanding of, and responsiveness
to, the solicitation requirements, other than price.� Offerors shall be
accorded fair treatment with respect to any opportunity for discussion and for
clarification by the selection committee. Revision of preliminary
qualitative and technical proposals shall be permitted after submission of
preliminary qualitative and technical proposals and before scoring of proposals
for the purpose of obtaining best and final proposals. In conducting
any discussions, information derived from the preliminary qualitative and
technical proposals submitted by competing offerors shall not be disclosed to
other competing offerors.� Price shall not be part of the discussions.

(f) After completion of any
discussions pursuant to subdivision (e) of this paragraph or if no discussions
are held, each offeror shall submit separately the offeror's final qualitative
and technical proposal and its price proposal.

(g) In evaluating and scoring the
offerors' proposals the selection committee shall use the scoring method
specified in the request for proposals.

(h) Before opening any price proposal,
the selection committee shall open the final qualitative and technical
proposals, evaluate the final qualitative and technical proposals and score the
final qualitative and technical proposals using the qualitative and technical
criteria and assigned points in the scoring method in the request for
proposals. No other factors or criteria may be used in the
evaluation and scoring.

(i) After completion of the evaluation
and scoring of all final qualitative and technical proposals, the selection
committee shall open the price proposals and score the price proposals using
the price criteria and assigned points in the scoring method in the request for
proposals.� No other factors or criteria may be used in the evaluation and
scoring.

(j) After evaluating and scoring the
price proposals, the selection committee shall add the qualitative and
technical proposal score and the price proposal score of each offeror together
for a total score. The responsive and responsible offeror with the
highest total score is the winning offeror.

(k) The agent shall promptly notify
the winning offeror that it is the winner. Before or at the same
time as the agent notifies the winning offeror that it is the winner, the agent
shall send actual notice to each other offeror either that the offeror is not
the winner or that another offeror is the winner.

(l) The contract or contracts file
shall contain the basis on which the award is made, including at a minimum the
information and documents required under subsection G of this section.

4. Notwithstanding this subsection, an
agent shall not procure any construction-manager-at-risk construction services
for horizontal construction pursuant to this subsection after December 31,
2030. For the purposes of this paragraph, an agent procures
construction-manager-at-risk construction services for
horizontal construction pursuant to this subsection when the contract for the
construction-manager-at-risk construction services for horizontal construction
is executed by the agent and the contractor. If a contract is
executed for construction-manager-at-risk construction
services for horizontal construction procured pursuant to this subsection on or
before December 31, 2030, construction services under the contract may be
rendered in whole or in part after December 31, 2030.

2. THE AGENT SHALL ISSUE A SINGLE
REQUEST FOR PROPOSALS TO RESPONSIVE AND RESPONSIBLE OFFERORS AND MAY, AT ITS
OPTION, CONDUCT INTERVIEWS AS PART OF THE EVALUATION PROCESS. IF INTERVIEWS ARE
HELD, THE AGENT SHALL SPECIFY THE INTERVIEW CRITERIA AND THEIR RELATIVE WEIGHTS
IN THE REQUEST FOR PROPOSALS. INTERVIEWS SHALL ADDRESS ONLY QUALITATIVE AND
TECHNICAL PROPOSALS. PRICES OR FEES MAY NOT BE PART OF THE INTERVIEWS.

3. The request for proposals shall:

(
a
) state that
one contract may or will be awarded.

(
b
) describe
the construction-manager-at-risk construction services to be performed.

(
c
) require
separate qualitative and technical proposals and, only if required by
applicable federal law, rules or regulations or federal funding agency
guidance, a price or fee proposal limited to the construction management fee,
preconstruction services fee, design services fee and any other pricing
elements expressly allowed by federal guidance.

(
d
) specify
required contents for each proposal.

(
e
) provide
information to be used by offerors to prepare proposals.

(
f
) state that
qualitative and technical proposals will be evaluated and scored before opening
any price or fee proposals.

(
g
) describe
the best-value scoring method.� The number of points assigned to any price or
fee criteria may not exceed ten percent of the total points and shall be
included only when required by applicable federal law, rules or regulations or
federal funding agency guidance.

4. The selection committee shall use
only the scoring method specified in the request for proposals.� Any price or
fee proposals, when required, shall be opened and scored after completion of
the evaluation and scoring of all qualitative and technical proposals.

5. The agent shall award the contract
to the responsive and responsible offeror whose proposal receives the highest
total score.� The agent shall promptly notify the winning offeror and shall
send actual notice to each other offeror that the offeror has not won or that
another offeror has won.

6. The contract file shall contain
the basis on which the award is made, including at a minimum the information
and documents required under subsection H of this section.

7. The agent may not procure
construction-manager-at-risk construction services under this subsection after
december 31, 2030.� For the purposes of this paragraph, an agent procures
construction-manager-at-risk construction services under this
subsection when the contract is executed by the agent and the
contractor. Services under a contract executed on or before december
31, 2030 may be rendered after December 31, 2030.

M. An agent may procure progressive
design-build construction services under this section for any public
infrastructure project, including vertical and horizontal construction, subject
to the requirements of subsections c and e of this section and section 34-605.

N. The agent shall follow subsection
c of this section to issue a request for qualifications and develop a single
final list and shall follow subsection e of this section to negotiate a
contract with the most qualified person or firm on the final list for
preconstruction and design services and progressive design services. The agent
may not request or consider price during the selection process under subsection
c of this section.

O. The agent may not request or
obtain a fixed price or guaranteed maximum price for construction and may not
commence construction until after entering into the written contract for
preconstruction and design services and a preconstruction services fee,
consistent with section 34-605, subsection b, and until the agent and
contractor agree in writing to either a fixed price or a guaranteed maximum
price for construction as provided in section 34-605, subsection c.

P. For only federally funded
projects, when applicable federal law, rules or regulations or federal funding
agency guidance requires price competition, the agent may conduct a one-step
request for proposals best-value competition among the persons or firms
on the final list pursuant to subsection C of this section, with optional
interviews.� The request for proposals shall require separate technical and
price or fee proposals, and any price or fee component shall be limited to the
design-builder's preconstruction services fee, design services fee,
construction management fee and other pricing elements expressly allowed by
applicable federal law, rules or regulation or federal funding agency guidance
and may not include construction costs.� The number of points assigned to any
price or fee criteria may not exceed ten percent of the total number of
points.� The selection committee shall evaluate and score technical proposals
before opening and scoring any price or fee proposals.� Awards shall be made to
the responsive and responsible offeror whose proposal receives the highest
total score.

Q. Subcontractors shall be selected
based on qualifications alone or a combination of qualifications and price and
not based on price alone, consistent with subsection c, paragraph 2,
subdivision (
e
) of this section.

R. Notwithstanding subsection f,
paragraph 11 of this section, stipulated fees to unsuccessful offerors may not
be paid in progressive design-build procurements under this section.

S. An agent may not procure
progressive design-build construction services pursuant to this subsection
after december 31, 2030. For the purposes of this subsection, an agent procures
progressive design-build construction services pursuant to this subsection when
the contract for progressive design-build construction services is executed by
the agent and the contractor. If a contract is executed for progressive
design-build construction services procured pursuant to this subsection on or
before december 31, 2030, construction services under the contract may be
rendered in whole or in part after december 31, 2030.

L.

T.
For
the purposes of this section
:
,

1.
"Professional
services" includes architect services, engineer services, landscape
architect services, assayer services, geologist services
,

and

land surveying services
, program management services, project management and construction
management services, and land and right-of-way acquisition
services,
and any combination of those services.

2. "Progressive design-build"
means a project delivery process in which all of the following apply:

(
a
) both the
design and construction of a project are procured from a single entity selected
through qualifications-based selection at the earliest feasible stage of the
project.

(
b
) The agent
enters into a contract for preconstruction and design services.

(
c
) A fixed
price or guaranteed maximum price for construction is subsequently negotiated
after sufficient design advancement.

END_STATUTE

Sec. 3. Section 34-605, Arizona Revised
Statutes, is amended to read:

START_STATUTE
34-605.

Requirements applicable to construction services and professional
services and to contracts for construction services and professional services;
definition

A. The requirements prescribed in this section apply
to each contract entered into as the result of a procurement under section 34-603,
34-604 or 34-606 and to the professional services and construction
services included in each procurement under section 34-603, 34-604
or 34-606.

B. If a procurement under section 34-603 is
for construction-manager-at-risk construction services or
design-build construction services to be contracted pursuant to section
34-603, subsection E or if a procurement under section 34-606 is
for construction-manager-at-risk construction services or
design-build construction services, the agent shall enter into a written
contract with the contractor for preconstruction services under which the agent
shall pay the contractor a fee for preconstruction services in an amount agreed
by the agent and the contractor, and the agent shall not request or obtain a
fixed price or a guaranteed maximum price for the construction from the
contractor or enter into a construction contract with the contractor until
after the agent has entered into the written contract for preconstruction
services and a preconstruction services fee.

C. If a contract for construction services is
entered into as the result of a procurement under section 34-603, 34-604
or 34-606, construction shall not commence until the agent and contractor
agree in writing on either a fixed price that the agent will pay for the
construction to be commenced or a guaranteed maximum price for the construction
to be commenced.� The construction to be commenced may be the entire project or
may be one or more phased parts of the project.

D. A contract for professional services entered into
as the result of a procurement under section 34-603, 34-604 or 34-606
shall have a term not exceeding five years after the date of contract award by
the agent of the first contract under the procurement, except that the contract
may continue in effect after the five-year term for professional services
on projects on which the rendering of professional services commences within
the five-year term.

E. Notwithstanding any other law:

1. The contractor for design-build or
job-order-contracting construction services is not required to be registered to
perform design services pursuant to title 32, chapter 1 if the person or firm
actually performing the design services on behalf of the contractor is
appropriately registered.

2. The contractor for construction-manager-at-risk,
design-build or job-order-contracting construction services shall
be licensed to perform construction pursuant to title 32, chapter 10.

F. For job-order-contracting
construction services only:

1. The maximum dollar amount of an individual job
order shall be $1,000,000 or such higher or lower amount prescribed by the
agent in an action noticed pursuant to title 38, chapter 3, article 3.1 or a
rule adopted by the agent as the maximum amount of an individual job order.�
Requirements shall not be artificially divided or fragmented in order to
constitute a job order that satisfies this requirement.

2. If the contractor subcontracts or intends to
subcontract part or all of the work under a job order and if the
job-order-contracting construction services contract includes descriptions of
standard individual tasks, standard unit prices for standard individual tasks
and pricing of job orders based on the number of units of standard individual
tasks in the job order:

(a) The contractor has a duty to deliver promptly to
each subcontractor invited to bid a coefficient to the contractor to do all or
part of the work under one or more job orders:

(i) A copy of the descriptions of all standard
individual tasks on which the subcontractor is invited to bid.

(ii) A copy of the standard unit prices for the
individual tasks on which the subcontractor is invited to bid.

(b) If not previously delivered to the
subcontractor, the contractor has a duty to deliver promptly the following to
each subcontractor invited to or that has agreed to do any of the work included
in any job order:

(i) A copy of the description of each standard
individual task that is included in the job order and that the subcontractor is
invited to perform.

(ii) The number of units of each standard individual
task that is included in the job order and that the subcontractor is invited to
perform.

(iii) The standard unit price for each standard
individual task that is included in the job order and that the subcontractor is
invited to perform.

G. The following apply to horizontal construction:

1. Notwithstanding this chapter, an agent shall not
procure any horizontal construction using the construction-manager-at-risk,
design-build or job-order-contracting method of project delivery after
December 31, 2030.� For purposes of this paragraph, an agent procures
horizontal construction when the contract for the construction services is
executed by the agent and the contractor for the construction-manager-at-risk,
design-build or job-order-contracting construction
services. If a contract is executed for construction services on or
before December 31, 2030, construction services under the contract may be
rendered in whole or in part after December 31, 2030.

2. For each horizontal construction project under a
design-build or construction-manager-at-risk construction services contract,
the licensed contractor performing the contract shall perform, with the
contractor's own organization, construction work that amounts to not less than
forty-five percent of the total contract price for the construction,
except that for light rail the self-performance percentage shall be not less
than thirty percent.

3. A project is horizontal construction if more than
one-half of the total contract price for the construction is for horizontal
construction. Project elements shall not be artificially added in
order to make a project not horizontal construction and shall not be
artificially deleted in order to make a project horizontal construction.

4. The total contract price for the construction
does not include the cost of preconstruction services, design services or any
other related services or the cost to procure any right-of-way or other cost of
condemnation.

H. Notwithstanding any contrary provision of this
section or this title, an agent shall not:

1. Enter into a contract as contractor to provide
construction-manager-at-risk construction services, design-build
construction services or job-order-contracting construction services.

2. Contract with itself, with another agent, with
this state or with any other governmental unit of this state or the federal
government for the agent to provide construction-manager-at-risk construction
services, design-build construction services or job-order-contracting
construction services.

I. The prohibitions prescribed in subsection H of
this section do not prohibit an agent from providing construction for itself as
provided by law.

J. The agent shall include in each contract for
construction services the full street or physical address of each separate
location at which the construction will be performed and a requirement that the
contractor and each subcontractor at any level include in each of its
subcontracts the same address information. The contractor and each
subcontractor at any level shall include in each subcontract the full street or
physical address of each separate location at which construction work will be
performed.

K. The following apply to all construction services
procured under this chapter:

1. The contractor performing the construction
services is permitted to self-perform part of the construction work if and to
the extent agreed in writing by the agent and the contractor.� The agent may
use methods other than competitive bidding to assure itself that the price the
agent pays to the contractor for self-performed work is fair and reasonable.�
Allowable methods to evaluate fairness and reasonableness of the price of self-performed
work include evaluating the contractor's proposed scope of work and price for
self-performed work by an estimator who is hired and paid by the agent, who is
independent of the contractor and who may be an employee of the agent.�
Although the agent may elect to so require, this chapter, this title or any
other law shall not be construed or interpreted to require the agent to require
a contractor desiring to self-perform part of the construction work to
competitively bid that part of the construction work against other contractors
in a bid competition.

2. The following requirements apply to the
construction work to be performed by subcontractors and do not apply to
construction work that the agent and the contractor agree in writing will be
self-performed by the contractor:

(a) The person or firm selected to perform the
construction services shall select subcontractors based on qualifications alone
or on a combination of qualifications and price and shall not select
subcontractors based on price alone. A qualifications and price
selection may be a single-step selection based on a combination of
qualifications and price or a two-step selection. In a two-step
selection, the first step shall be based on qualifications alone and the second
step may be based on a combination of qualifications and price or on price
alone.

(b) The agent shall include in each contract:

(i) If the agent included its subcontractor
selection plan in the request for qualifications, the agent's subcontractor
selection plan and the procedures to implement the agent's subcontractor
selection plan proposed by the selected person or firm in submitting its
qualifications with those modifications to the procedures as the agent and the
selected person or firm agree.

(ii) If the agent did not include its subcontractor
selection plan in the request for qualifications, the subcontractor selection
plan proposed by the selected person or firm in submitting its qualifications
with those modifications as the agent and the selected person or firm agree.

(c) In making the selection of subcontractors, the
person or firm selected to perform the construction services shall use the
subcontractor selection plan and any procedures included in its contract.

L. If the agent does not have a procurement protest
policy and procedures that have been formally adopted and published by the
agent, for protests relating to procurements under this chapter the agent shall
follow the procurement protest policy and procedures of the department of
administration. The agent shall process all protests relating to
procurements under this section. If the agent does have a
procurement protest policy and procedures that have been formally adopted and
published by the agent, the agent may choose to make information relating to
each procurement available earlier than required under section 34-603,
subsection
H

I
and section 34-604,
subsection H if the agent determines the release of the information is
necessary to adequately follow and manage its procurement protest policy and
procedures.

M. For the purposes of this section,
"professional services" includes architect services, engineer
services, landscape architect services, assayer services, geologist services
and land surveying services and any combination of those services.
END_STATUTE