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1981 Arizona Attorney General Reports and Opinions 1 (1981)

handle is hein.sag/sagaz0004 and id is 1 raw text is: fforne Gncral STATE CAPITOL 1neCnix, Crizona 85007 4anuary 5 , 1981 INTERAGENCY Mr. William Jamieson, Jr. Director Arizona Department of Economic Security Post Office Box 612t Phoenix, AZ 85005 Re: 181-001 (R80-160) Dear Mr. Jamieson: -We are writing in response to your letter of July 2, 1980, in which you asked whether the Departmwent of Economic Security must follow bidding procedures where'the cost of an individual student's education exceeds $5,000.1/ The Department of Economic Security is a state budget unit and is subject to the competitive bidding requirements of A.R.S. 5 41-729 et seq. (relating to the purchase of contractual services), and A.R.S. g 41-1051 et seg. (relating to the purchase of outside profes- sional services).2/ The only exceptions to competitive bid- ding are found in A.R.S. S 41-1051; they include intergovern- mental agency agreements, contracts for direct health care services, contracts for outside professional witnesses, and contracts for professional services contracted for by the Legislature. None of these exceptions applies to educational 1. We note that your opinion request assumed that local school districts are exempt from bidding procedures when con- tracting with private schools for educational services. While we have stated that elementary and secondary school districts are not statutorily subject to the requirements of A.R.S. S 41-1051 et seg., all state bidding procedures are imposed upon all school districts pursuant to State Board of Educa- tion regulation, A.C.R.R. R7-2-701. 2. We express no opinion as to whether educational services provided by a private school may be characterized as outside professional services subject to the provisions of A.R.S. S 41-1051 et seg. or as contractual services subject to the provisions of A.R.S. 5 41-730, since competitive bid- ding is required in either case. See Ariz. Atty. Gen. Op. 179-131.

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