41-2616. Violation; classification; liability;
civil penalty; enforcement authority
A. A person who contracts for or purchases any material, services, construction or
construction services in a manner contrary to the requirements of this chapter, the rules
adopted pursuant to this chapter, the rules adopted by the state board of education
pursuant to section 15-213 or rules adopted by the Arizona board of regents, the Arizona
lottery commission or the judicial branch pursuant to section 41-2501 is personally
liable for the recovery of all public monies paid plus twenty per cent of such amount and
legal interest from the date of payment and all costs and damages arising out of the
violation.
B. A person who intentionally or knowingly contracts for or purchases any material,
services, construction or construction services pursuant to a scheme or artifice to avoid
the requirements of this chapter, rules adopted pursuant to this chapter, rules adopted
by the state board of education pursuant to section 15-213 or rules adopted by the state
board of regents, the state lottery commission or the judicial branch pursuant to section
41-2501 is guilty of a class 4 felony.
C. A person who serves on an evaluation committee for a procurement shall sign a
statement before reviewing bids or proposals that the person has no interest in the
procurement other than that disclosed and will have no contact with any representative of
a competing vendor related to the particular procurement during the course of evaluation
of bids or proposals, except those contacts specifically authorized by section 41-2534,
41-2537, 41-2538, 41-2578, 41-2579 or 41-2581. The person shall disclose on the
statement any contact unrelated to the pending procurement that the person may need to
have with a representative of a competing vendor and any contact with a representative of
a competing vendor during evaluation of bids or proposals except those contacts
specifically authorized by section 41-2534, 41-2537, 41-2538, 41-2578, 41-2579 or
41-2581. A person who serves on an evaluation committee and who fails to disclose contact
with a representative of a competing vendor or who fails to provide accurate information
on the statement is subject to a civil penalty of at least one thousand dollars but not
more than ten thousand dollars.
D. The attorney general on behalf of this state shall enforce the provisions of
this chapter.
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