R33-12-201. Establishment of Terms and Conditions

  (1) Executive branch procurement units without independent procurement authority shall be required to use the Standard Terms and Conditions adopted by the division for each particular procurement, unless exceptions or additions are granted by the Chief Procurement Officer after consultation with the Attorney General's Office. Public entities, other than executive branch procurement units, may enact similar requirements. Terms and conditions may be established for:

  (a) a category of procurement items;

  (b) a specific procurement item;

  (c) general use in all procurements;

  (d) the special needs of a conducting procurement unit; or

  (e) the requirements of federal funding.

  (2) In addition to the required standard terms and conditions, executive branch procurement units without independent procurement authority may submit their own additional special terms and conditions subject to the following:

  (a) the chief procurement officer may reject terms and conditions submitted by a conducting procurement unit if:

  (i) the terms and conditions are unduly restrictive;

  (ii) will unreasonably increase the cost of the procurement item; or

  (iii) places the state at increased risk.

  (b) the chief procurement officer may require the conducting procurement unit's Assistant Attorney General to approve any additional special terms and conditions.