RFP #26-03-31

STEM & College & Career Readiness Kits, Programs & Materials

CARTWRIGHT SCHOOL DISTRICT NO. 83

NOTICE OF REQUEST FOR PROPOSAL

MATERIAL / SERVICE: 26-03-31 – STEM & College & Career Readiness Kits, Programs & Materials

ISSUE DATE: May 21, 2026 at 10:00 AM MST (Local Time) LAST DATE FOR QUESTIONS: May 28, 2026 at 2:00 PM MST (Local Time) DUE DATE & TIME: Date: June 8, 2026

Time: 10:00 AM MST (Local Time)

Term of Contract: It is the intent of the District to award a multi-term contract, with the first contract term beginning July 15, 2026 and continuing for one year; Offered discounts and prices must be held firm for the initial term of the contract. If all conditions are met during this period of time, this contract can be extended, if funding is available, for up to an additional four, one-year contracts.

Submit all Electronic Responses to: https://csd83.bonfirehub.com/

Opening Location: Held virtually via Google Meet on June 8, 2026 at 10:01 AM MST (Local Time) Meeting ID meet.google.com/vro-iiyd-cqq

Phone Numbers (US) +1 386-603-2614

PIN: 602 031 925#

In accordance with School District Procurement Rules in the Arizona Administrative Code (A.A.C.) promulgated by the State Board of Education pursuant to A.R.S. § 15-213, Proposals for the material or services specified will be received by the Cartwright School District No. 83, at the above specified location, until the time and date cited. Proposals received by the correct time and date shall be opened and only the name of the Offerors shall be publicly read and recorded. All other information contained in the Proposal shall remain confidential until award is made.

The RFP and any amendments will only be posted to https://csd83.bonfirehub.com/. It is the vendor’s responsibility to check for amendments. Vendors/Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us

Proposals shall be submitted via the Bonfire portal at https://csd83.bonfirehub.com/ prior to the specified due date and time above. Late Proposals shall not be accepted. The official time will be determined by Bonfire portal. Emailed or faxed Proposals will not be accepted. Additional instructions for preparing a Proposal are provided herein.

This solicitation is being issued by the District as a member of the Strategic Alliance for Volume Expenditures (SAVE). While this solicitation is for the Cartwright Elementary School District, other public entities have expressed interest in utilizing the resulting contracts. School District Procurement Rules A.A.C. R7-2-1191 through R7-2-1195 authorizes and governs intergovernmental procurements for school districts. Other public entities have similar authorizations Members of “SAVE”, a group of schools/public entities have signed an intergovernmental agreement under such a cooperative purchase agreement to obtain economies of scale. After award, this solicitation may be utilized by the eligible School Districts/public entities, recognizing potential equipment, logistical, and capacity limitations by vendor may limit “piggybacking” of this award.

Individual public entities would negotiate service with successful vendors using the proposal pricing provided herein. No volume is implied or guaranteed.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR PROPOSAL.

Authorized By:

Dr. Derek Etheridge Executive Director of Business Services

Date Issued: May 21, 2026

Solicitation Contact:

Jazmin Shiner Assistant Director of Purchasing

Email: jshiner@csd83.org https://csd83.bonfirehub.com/ https://vendorsupport.gobonfire.com/hc/en-us https://csd83.bonfirehub.com/

COOPERATIVE PURCHASING

This solicitation is being issued by Cartwright Elementary School District as the lead public entity and as a member of the Strategic Alliance for Volume Expenditures (SAVE). Any contract resulting from this solicitation shall be for the use of the consortium members. In order to participate in any resultant contract, a public entity must have entered into a cooperative purchasing agreement with the consortium. No volume is implied or guaranteed.

The following provides a list of current members in the Consortium who may potentially wish to utilize this contract.

Other public entities in Arizona may be added during the term of the contract by SAVE with the approval of the lead public entity and the contract vendor. The estimated volume of purchases by other public entities within SAVE has been taken into consideration by the lead public entity and all other public entities that are not members of the SAVE are prohibited from using the contract. The following agencies have signed the Cooperative Purchasing Agreement with the SAVE association as of March 28, 2024.

Strategic Alliance for Volume Expenditures (SAVE)

Municipalities City of Apache Junction City of Avondale City of Benson City of Bisbee City of Bullhead City City of Casa Grande City of Chandler City of Coolidge City of Cottonwood City of Douglas City of El Mirage City of Eloy City of Flagstaff City of Glendale City of Globe City of Goodyear City of Holbrook City of Kingman City of Litchfield Park City of Maricopa City of Mesa City of Nogales City of Page City of Peoria City of Phoenix City of Prescott City of Safford City of San Luis City of Scottsdale City of Sedona City of Show Low City of Sierra Vista City of Somerton City of Surprise

City of Tempe City of Tolleson City of Tucson City of Willcox City of Williams City of Winslow City of Yuma Lake Havasu City Town of Buckeye Town of Camp Verde Town of Carefree Town of Cave Creek Town of Chino Valley Town of Clarkdale Town of Clifton Town of Eagar Town of Florence2.

Town of Fountain Hills Town of Gila Bend Town of Gilbert Town of Guadalupe Town of Huachuca City Town of Marana Town of Miami Town of Oro Valley Town of Paradise Valley Town of Prescott Valley Town of Queen Creek Town of Sahuarita Town of Springerville Town of Superior Town of Wickenburg

Counties Apache County Cochise County Coconino County

Gila County Graham County La Paz County Maricopa County Mohave County Navajo County Pima County Pinal County Santa Cruz County Yavapai County Yuma County

Higher Education / Technology Districts Arizona State University Arizona Western College Central Arizona College Central Arizona Valley Institute of Technology (CAVIT) Cobré Valley Institute of Technology (CVIT) Cochise County Community College District Coconino County Community College District Dinè College East Valley Institute of Technology (EVIT) Embry-Riddle Aeronautical University Gila County Provisional Community College District Gila Institute for Technology, a Joint Technology Education District (JTED) Graham County Community College District Kingman Academy of Learning Maricopa Community College District Midwestern University (Glendale campus) Mohave Community College Mountain Institute JTED57.

Northeast AZ Tech Institute of Voc Ed Northern Arizona University Northland Pioneer College Pima Association of Governments (PAG) Pima Community College Pima County Joint Technology District #11 (JTED) Pima Prevention Partnership dba Pima Partnership Academy, Pima Partnership High School & Phoenix Collegiate High School Southwest Technical Education District of Yuma University of Arizona Western Arizona Vocational Educ (W.A.V.E.), a Joint Technology Education District #50 Yavapai College

Political Agencies Arizona School for the Deaf and the Blind Arizona Supreme Court Central Arizona Project Court of Appeals, Division One Housing Authority of Maricopa County

Maricopa Association of Governments Maricopa Integrated Health System Mountain Lion (formerly NAIPTA) Northern Arizona Council of Governments (NACOG) Regional Transportation Authority (RTA) Superior Court of Arizona Maricopa County Tucson Airport Authority Valley Metro Regional Public Transit Authority Phoenix-Mesa Gateway Airport Authority Fire Districts Arizona Fire and Medical Authority (Sun City West Fire District, Sun Lakes Fire District, Tonopah Fire District, Wittmann Fire District) Central Yavapai Fire District Copper Canyon Fire District Drexel Heights Fire District Golder Ranch Fire District Mt. Lemmon Fire District Northern Arizona Fire District Northwest Fire District Superstition Mtn Community Facilities District Three Points Fire District Tubac Fire District Verde Valley Fire District

Misc. Agencies Central Arizona Water Conservation District (CAWCD) Coconino County Flood Control District Community Hospital Association dba Wickenburg Community Hospital Metropolitan Domestic Water Improvement District North Country Community Health Center Northern Gila County Sanitary District Pima County School Reserve Fund Pine-Strawberry Water Improvement District Western Arizona Council of Governments

School Districts Agua Fria Union High School District # 216 Ajo Unified School District #15 Alhambra Elementary School District # 68 Altar Valley School District #51 Amphitheater Unified School District #10 Antelope Union High School #50 Apache Junction Unified School District # 43 Arlington Elementary School District #47 Ash Fork Joint Unified School District Avondale Elementary School District #44 Bagdad Unified School District Balsz Elementary School District #31 Beaver Creek School District #26 Benson Unified School District #9 Bisbee Unified School District #2

Blue Ridge Unified School District #32 Bonita School District #6 Bouse Elementary School District Buckeye Elementary School District #33 Buckeye Union High School District #201 Bullhead City School District #15 Camp Verde Unified School District #28 Canon School District Cartwright Elementary School District #83 Casa Blanca Middle School dba Vah Ki Middle School Casa Grande Elementary School District Casa Grande Union High School District Catalina Foothills Unified School District #16 Cave Creek Unified School District #93 Cedar Unified School District #25 Chandler Unified School District # 80 Chinle Unified School District #24 Chino Valley Unified School District #51 Clarkdale-Jerome School District #3 Cochise County Accommodation School District Coconino County Regional Accommodation District #99 Colorado River Union High School District Concho Elementary School District #6 Continental Elementary School District #39 Coolidge Unified School District #21 Cottonwood-Oak Creek School District #6 Crane Elementary School District # 13 Creighton School District #14 Deer Valley Unified School District #97 Double Adobe Elementary School District #45 Douglas Unified School District #27 Duncan Unified School District Dysart Unified School District # 89 Elfrida Elementary School District #12 Eloy Elementary School District #11 Flagstaff Unified School District # 1 Florence Unified School District # 1 Flowing Wells Unified School District #8 Fort Huachuca Accommodation School District Fort Thomas Unified School District #7 Fountain Hills Unified School District #98 Fowler Elementary School District #45 Gadsden Elementary School District # 32 Ganado Unified School District #20 Gila Bend Unified Schools Gilbert Unified School District #41 Glendale Elementary School District #40 Glendale Union High School District Globe Unified School District #1 Grand Canyon Unified School District #4 Hackberry Elementary School District #3

Heber-Overgaard Unified School District #6 Higley Unified School District #60 Holbrook Unified School District #3 Hopi Junior Senior High School Horizon Community Learning Center / Horizon Charter School Humboldt Unified School District #22 Hyder Elementary School District #6 Indian Oasis-Baboquivari School District #40 Isaac Elementary School District # 5 J.O. Combs Elementary School District #44 Joseph City Unified School District #2 Kayenta Unified School District #27 Kin Dah Lichi’I’ Olta, Inc.

Kingman Unified School District #20 Kyrene Elementary School District #28 Lake Havasu Unified School District # 1 Laveen Elementary School District #59 Liberty Elementary School District #25 Litchfield Elementary School District #79 Littlefield Unified School District #9 Littleton Elementary School District #65 Madison Elementary School District #38 Maine Consolidated School District Mammoth-San Manuel Unified School District #8 Marana Unified School District #6 Maricopa Regional School District #509 Maricopa Unified School District Mary C. O’Brien ASD Mayer Unified School District #43 Mesa Unified School District # 4 Miami Unified School District #40 Mingus Union High School District #4 Mobile Elementary School District #86 Mohave Valley Elementary School District #16 Mohawk Valley School District # 17 Morenci Unified School District #18 Morristown Elementary School District #75 Murphy Elementary School District #21 Naco Unified School District #9 Nadaburg Elementary District #81 Nogales Unified School District # 1 Oracle School District Osborn Elementary School District #8 Page Unified School District #8 Palominas Elementary School District #49 Palo Verde Elementary School District #49 Paradise Valley Unified School District #69 Parker Unified School District #27 Patagonia Elementary School District #6 Patagonia Union High School District #92 Payson Unified School District #10

Peach Springs Unified School District #8 Pendergast School District #92 Peoria Unified School District #11 Phoenix Elementary School District # 1 Phoenix Union High School District #210 Picacho Elementary School District #33 Pima Unified School District #6 Pine Strawberry Elementary School District #12 Pinon Unified School District #4 Pomerene Elementary School District #64 Prescott Unified School District #1 Quartzsite Elementary School District #4 Queen Creek Unified School District # 95 Ray Unified School District #3 Red Mesa Unified School District #27 Red Rock Elementary School District #5 Riverside Elementary School District #2 Roosevelt Elementary School District #66 Round Valley Unified School District #10 Sacaton Elementary School District #18 Saddle Mountain Unified School District #90 Safford Unified School District #1 Sahuarita Unified School District #30 San Carlos Unified School District #20 Sanders Unified School District #18 San Simon Unified School District #18 Santa Cruz Valley Unified School District #35 Santa Cruz Valley Union High School District #840 Scottsdale Unified School District # 48 Sedona-Oak Creek Unified School District #9 Seligman Unified School District #40 Sentinel Elementary School District #71 Shonto Preparatory Schools Show Low Unified School District #10 Sierra Vista Unified School District #68 Snowflake Unified School District #5 Somerton Elementary School District #11 Sonoita Elementary School District #25 Stanfield Elementary School District #24 St. David Unified School District #21 St. Johns Unified School District Sunnyside Unified School District #12 Superior Unified School District #15 Tanque Verde Unified School District #13 Tempe Elementary School District # 3 Tempe Union High School District # 213 Thatcher Unified Schools Toltec Elementary School District #22 Tolleson Elementary School District #17 Tolleson Union High School District # 214 Tombstone Unified School District #1 Tuba City Unified School District #15

Tucson Unified School District Union Elementary School District #62 Vail Unified School District #20 Valley Union High School District #22 Vernon Elementary School District Washington Elementary School District #6 Wellton Elementary School District #24 West-MEC District #402 Whiteriver Unified School District #20 Wickenburg Unified School District #9 Willcox Unified School District Williams Unified School District #2 Wilson Elementary School District #7 Window Rock Unified School District #8 Winslow Unified School District #1 Young Public-School District Yuma Elementary School District #1 Yuma Union High School District #70

SURVEY INFORMATION

While all members of SAVE are eligible to use these contracts, the following districts have specifically expressed an interest in using these contracts via survey conducted electronically by the lead district. The annual estimated expenditure for each district is listed for the convenience of the Bidders.

SCHOOL DISTRICT/PUBLIC ENTITY ESTIMATED ANNUAL USAGE

Tolleson Union High School District $41,000

Cave Creek Unified School District $40,000

Glendale Elementary School District $25,000

Washington Elementary School District $20,000

Creighton Elementary School District $10,000

Gilbert Public Schools $300,000

Buckeye Elementary School District $10,000

Scottsdale Unified School District $55,000

Higley Unified School District $50,000

J.O Combs Unified School District $50,000

Mesa Public Schools $100,000

Phoenix Union High School District $75,000

Balsz School District $200,000

Litchfield Elementary School District $20,000

Deer Valley Unified School District $350,000

TOTAL $1,346,000

TABLE OF CONTENTS

Section Page

Uniform Instructions to Offerors

Uniform General Terms and Conditions

Special Instructions to Offerors

Special Terms and Conditions

Proposal Requirements

Scope of Work

Proposal Cost Form

Offer and Acceptance Form

Deviations and Exceptions Form

Confidential/Proprietary Submittals Form

Amendment Acknowledgement Form

Non-Collusion Affidavit

Forced Labor of Ethnic Uyghurs Ban Form

I.R.S. W-9 Form

Vendor Registration Form

EDGAR Certification

DOCUMENTS REFERENCED:

You may access a copy of the documents referenced within this Bid at the following web addresses:

Arizona Revised Statutes (A.R.S.) is available at: https://www.azleg.gov/arstitle

Arizona School District Procurement Rules in the Arizona Administrative Code (Title 7, Chapter 2, Articles 10 and

11) is available at: https://apps.azsos.gov/public_services/Title_07/7-02.pdf

I.R.S. W-9 Form (Request for Taxpayer I.D. Number) is available at: https://www.irs.gov/pub/irs-pdf/fw9.pdf

Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations are available at: https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html https://www.azleg.gov/arstitle https://apps.azsos.gov/public_services/Title_07/7-02.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html

UNIFORM INSTRUCTIONS TO OFFERORS

1. Definition of Terms

In addition to the definitions specified in Arizona Administrative Code R7-2-1001, the terms listed below are defined as follows:

A. “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Proposal.

B. “Contract Amendment” means a written document signed by the School District that is issued for the purpose of making changes in the Contract.

C. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation.

D. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value present or promised, unless consideration of substantially equal or greater value is received.

E. “Procurement Officer” means the person duly authorized to enter into and administer Contracts and make written determinations with respect to this solicitation or his/her designee.

F. “Solicitation Amendment” means a written document that is authorized by the Procurement Officer and issued for the purpose of making changes to the Solicitation.

G. “Subcontract” means any Contract, express or implied, between the Offeror and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishings of any material or any service required for the performance of the Contract.

2. Inquiries

A. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing, and check its Proposal for accuracy before submitting the Proposal. Lack of care in preparing a Proposal shall not be grounds for withdrawing the Proposal after the due date and time nor shall it give rise to any Contract claim.

B. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation contact person.

The Offeror shall not contact or direct inquiries concerning this Solicitation to any other employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact.

C. Submission of Inquiries. The Procurement Officer or the person identified in the Solicitation as the contact for inquiries may require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page, and paragraph. Do not place the Solicitation number on the outside of the envelope containing that inquiry since it may then be identified as a Proposal and not be opened until after the Proposal due date and time.

D. Timeliness. Any inquiry shall be submitted as soon as possible and at least seven (7) days before the Proposal due date and time. Failure to do so may result in the inquiry not being answered.

E. No Right to Rely on Verbal Responses. Any inquiry that results in changes to the Solicitation shall be answered solely through a written Solicitation Amendment. An Offeror may not rely on verbal responses to inquiries.

F. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment. Unless otherwise stated in the Solicitation, each Solicitation Amendment shall be acknowledged by the person signing the Offer. Failure to acknowledge a material Solicitation Amendment or to follow the instructions for acknowledgement of the Solicitation Amendment may result in rejection of the Offer.

G. Pre-Proposal Conference. If a Pre-Proposal Conference has been scheduled under this Solicitation, the date, time, and location appear on the Solicitation cover sheet or elsewhere in the Solicitation. An Offeror should raise any questions it may have about the Solicitation or the procurement at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment.

H. Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation.

3. Proposal Preparation

A. Forms. A Proposal shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the form.

B. Typed or Ink; Corrections. The Proposal shall be typed or in ink. Erasures, interlineations or other modifications in the Proposal should be initialed in ink by the person signing the Proposal. Modifications shall not be permitted after Proposals have been opened except as otherwise provided under A.A.C. R7-2- 1049.

C. Evidence of Intent to be Bound. The Proposal and Acceptance form included within the Request for Proposal must be signed and submitted with the Offer. The signature shall signify the Offeror’s intent to be bound by the Proposal and the terms of the Request for Proposal. Failure to submit verifiable evidence of intent to be bound, such as an original signature, may result in rejection of the Proposal.

D. Exceptions to Terms and Conditions. All exceptions included with the Proposal shall be submitted on the Deviations and Exceptions page in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered as a part of any resulting Contract. All exceptions that are contained in the Offer may negatively affect the Proposal evaluation criteria as stated in the Solicitation or result in rejection of the offer.

E. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Proposal.

F. Cost of Proposal Preparation. The District will not reimburse any Offeror the cost of responding to a Solicitation.

G. Solicitation Amendments. Unless otherwise stated in the Solicitation, each Solicitation Amendment shall be acknowledged by the person signing the Proposal. Failure to acknowledge a material Solicitation Amendment or to follow the instructions for acknowledgement of the Solicitation Amendment may result in rejection of the Proposal.

H. Federal Excise Tax. School Districts/Public Entities are exempt from Federal Excise Tax on manufactured goods. Exemption Certificates will be prepared upon request.

I. Provision of Tax Identification Numbers. Offerors are required to provide their Arizona Transaction Privilege Tax number and/or Federal Tax Identification number, if applicable, in the space provided on the Offer and Acceptance Form and provide the tax rate and amount, if applicable, on the Proposal Cost Form.

J. Identification of Taxes in Proposal. School Districts/Public Entities are subject to all applicable state and local transaction privilege taxes. If Arizona resident Offerors do not indicate taxes on a separate item in the Proposal, the School District will conclude that the price(s) offered includes all applicable taxes. At all times, payment of taxes and the determination of applicable taxes and rates are the sole responsibility of the Offeror.

K. Disclosure. If the Firm, business, or person submitting this Proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror must fully explain the circumstances relating to the preclusion or proposed preclusion in the Proposal. The Offeror shall include a letter with its Proposal setting forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided.

L. Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation and any subsequent contracts, the following shall prevail in the order set forth below:

1. Amendments;

2. Special Terms and Conditions;

3. Uniform General Terms and Conditions;

4. Specifications/Scope of Work;

5. Attachments;

6. Exhibits;

7. Special Instructions to Offerors;

8. Uniform Instructions to Offerors

M. Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s).

4. Submission of Proposal

A. Electronic Submission. If determined by the District that electronic submission of Proposals is advantageous, the District will include the electronic submission requirements as well as if the electronic submission is mandatory or optional in the Special Instructions, Terms and Conditions section of the RFP.

Unless otherwise instructed, a facsimile or electronically submitted Proposal shall be rejected.

B. Proposal Amendment or Withdrawal. An Offeror may modify or withdraw a Proposal in writing at any time before Proposal opening if the modification or withdrawal is received before the Proposal due date and time at the location designated in the RFP. A Proposal may not be amended or withdrawn after the Proposal due date and time except as otherwise provided under A.A.C. R7-2-1044.

C. Public Record. Under applicable law, all Proposals submitted and opened are public records and must be retained by the School District. Proposals shall be open to public inspection after Contract award, except for such Proposals deemed to be confidential by the School District pursuant to A.A.C. R7-2-1006. If an Offeror believes that information in its Proposal contains confidential trade secrets or other proprietary data not to be disclosed as otherwise required by A.R.S. § 39-121, a statement advising the School District of this fact shall be provided on the Confidential/Proprietary Submittals page and the information shall be so identified wherever it appears. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

D. Non-collusion, Employment, and Services. By signing the Offer and Acceptance form or other official contract form, the Offeror certifies that:

1. The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor; the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Offeror or to any competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, an Offer for the purpose of restricting competition. It did not involve collusion or other anti-competitive practices in connection with the preparation or submission of its Proposal; and

2. It does not discriminate against any employee, applicant for employment, or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and executive orders regarding employment; and

3. By submission of this Proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body; and

4. By submission of this Proposal, that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement; and

5. By submission of this Proposal, that Offeror has taken steps and exercised due diligence to ensure that

Offeror has not offered, conferred, or agreed to confer any personal gift or benefit on a person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or on a person who supervises or participates in planning, recommending, selecting or contracting for materials, services, goods, construction or construction services of the District, in accordance with A.R.S. § 15-213(O) and A.A.C. R7-2-1003(J).

5. Additional Proposal Information

A. Unit Price Prevails. Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

B. Taxes. The amount of any applicable transaction privilege or use tax of a political subdivision of this state will not be a factor when determining lowest Offeror.

C. Late Proposals, Modifications or Withdrawals. A Proposal, Modification or Withdrawal submitted after the exact Proposal due date and time shall not be considered except under the circumstances set forth in A.A.C. R7-2-1044.

D. Disqualification. A Proposal from an Offeror who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall be rejected.

E. Proposal Acceptance Period. An Offeror submitting a Proposal under this Solicitation shall hold its Proposal open for the number of days that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Proposal acceptance, the number of days shall be ninety (90).

F. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Offeror shall submit a complete and accurate invoice for payment within thirty (30) days.

G. Waiver and Rejection Rights. Notwithstanding any other provision of this solicitation, the School District reserves the right to:

1. Waive any minor informality;

2. Reject any and all Proposals or portions thereof; or

3. Cancel a solicitation.

6. Award

A. Number or Types of Awards. Where applicable, the School District reserves the right to make multiple awards or to award a Contract by individual line item, by a group of line items, by an incremental award or by Region, as indicated within the Special Terms and Conditions. The award will be limited to the least number of Offerors that the School District determines is necessary to meet the needs of the School District.

B. Contract Commencement. A Proposal does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Proposal is accepted in writing by the School District with an authorized signature on the Offer and Acceptance Form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Proposal.

C. Effective Date. The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance Form or other official contract form, unless another date is specifically stated in the Contract.

D. Final Acceptance. Final acceptance will be contingent upon the approval of the Governing Board, if applicable.

7. Protests

A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the District Representative as listed in the Special Instructions to Offerors.

A. Protest shall include:

1. The name, addresses, and telephone number of the interested party;

2. The signature of the interested party or the interested party's representative;

3. Identification of the purchasing agency and the Solicitation or Contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

5. The form of relief requested.

B. The interested party shall supply promptly any other information requested by the District Representative.

C. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the solicitation, shall be filed before the due date and time for responses to the solicitation.

D. In cases other than those covered in section C of this section, the interested party shall file the protest within ten (10) days after the School District makes the procurement file available for public inspection.

E. The interested party may file a written request for an extension of the time limit for protest filing. The written request for an extension shall be filed with the District Representative before the expiration of the time limit and shall set forth good cause as to the specific action or inaction of the school district that resulted in the interested party being unable to file the protest within the ten (10) days. The District Representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing.

UNIFORM GENERAL TERMS AND CONDITIONS

1. Contract Interpretation

A. Arizona Law. The law of Arizona applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona Revised Statutes (A.R.S.) § 15-213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, Articles 10 and 11.

B. Implied Contract Terms. Each Provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

C. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee agent of the other party to the Contract.

D. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

E. No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document.

F. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

2. Contract Administration and Operation

A. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

B. Non-Discrimination. The Contractor shall comply with State Executive Order No. 99-4, 2000-4 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

C. Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the School District and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.

D. Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor’s processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract. The School District shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If the School District determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by the School District for testing and inspection.

E. Notices. Notices to the Contractor required by this Contract shall be made by the School District to the person indicated on the Offer and Acceptance Form submitted by the Contractor unless otherwise stated in the Contract. Notices to the School District required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary.

F. Advertising and Promotion of Contract. The Contractor shall not advertise or publish information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

G. Property of the School District. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the School District. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent of the School District.

3. Costs and Payments

A. Payments. Payments shall comply with the requirements of A.R.S. §§ 35-342 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the School District within thirty (30) days. The Purchase Order number must be referenced on the invoice.

B. Applicable Taxes.

1. Payment of Taxes by the School District. The School District will pay only the rate and/or amount of taxes identified in the Proposal and in any resulting Contract.

2. State and Local Transaction Privilege Taxes. The School District is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit. Failure to collect taxes from the buyer does not relieve the seller from its obligation to remit taxes.

3. Tax Indemnification. Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the School District harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.

4. I.R.S. W-9. In order to receive payment under any resulting Contract, Contractor shall have a current

I.R.S. W-9 Form on file with the School District.

C. Availability of Funds for the Next Fiscal Year. Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the School District for any payment may arise under this Contract beyond the current fiscal year until funds are made available for performance of the Contract. The School District will make reasonable efforts to secure such funds.

4. Contract Changes

A. Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations of the Contract and/or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and without effect, and the Contractor shall not be entitled to any claim on this Contract based on those changes.

B. Subcontracts. The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.

C. Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this

Contract without the prior written approval of the Procurement Officer. The Procurement Officer shall not unreasonably withhold approval.

5. Risk and Liability

A. Risk of Loss. The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.

B. General Indemnification. To the extent permitted by A.R.S. § 41-621 and § 35-154, the School District shall be indemnified and held harmless by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its own negligence.

C. Indemnification - Patent and Copyright. To the extent permitted by A.R.S. § 41-621 and § 35-154, the

Contractor shall indemnify and hold harmless the School District against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by the School District of materials furnished or work performed under this Contract. The School District shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.

D. Force Majeure.

1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.

2. Force Majeure shall not include the following occurrences:

a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold condition of the market; or

b. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or

c. Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or permits.

3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt requested, and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so.

The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and that such delay or failure is caused by force majeure.

E. Third Party Antitrust Violations. The Contractor assigns to the School District any claim for overcharges resulting from antitrust violation to the extent that those violations concern materials or services supplied by third parties to the Contractor toward fulfillment of this Contract.

6. Warranties

A. Liens. The Contractor warrants that the materials supplied under this Contract are free of liens.

B. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that for one year after acceptance by the School District of the materials or services, they shall be:

1. A quality to pass without objection in the trade under the Contract description;

2. Fit for the intended purposes for which the materials or services are used;

3. Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units;

4. Adequately contained, packaged and marked as the Contract may require; and

5. Conform to the written promises or affirmations of fact made by the Contractor.

C. Fitness. The Contractor warrants that any material or service supplied to the School District shall fully conform to all requirements of the Solicitation and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract.

D. Inspection/Testing. The warranties set forth in subparagraphs A through C of this paragraph are not affected by inspection, testing of, or payment for the materials or services by the School District.

E. Exclusions. Except as otherwise set forth in this Contract, there are no express or implied warranties or merchant ability fitness.

F. Compliance with Applicable Laws. The materials and services supplied under this Contract shall comply with all applicable federal, state and local laws, and the Contract shall maintain all applicable licenses and permits.

G. Survival of Rights and Obligations after Contract Expiration or Termination.

1. Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the School District is not subject to or barred by any limitations of actions prescribed in A.R.S. Title 12, Chapter 5.

2. Purchase Orders. The Contractor shall, in…