1-IFB 27-002 Paint and Painting Supplies.pdf

www.pvschools.net

Notice of Invitation for Bid

Invitation for Bid (IFB) No.: 27-002

Material and/or Service: Paint and Painting Supplies

Bid Due Date and Time: April 9, 2026 at 2:30 pm Local Time

Bid Response Format: Electronic Proposal – Upload to BONFIRE (see enclosed submittal instructions on page 43)

Opening Location: Paradise Valley Unified School District Purchasing Department 15002 N. 32nd Street Phoenix, AZ 85032

Pre-Bid Conference:

Deadline for Questions:

None

April 3, 2026 at 2:30 PM Local Time

In accordance with the School District Procurement Rules in the Arizona Administrative Code (A.C.C.) promulgated by the State

Board of Education pursuant to ARS §15-213, competitive sealed bids for the materials or services specified will be received by the

Paradise Valley Unified School District, at the above specified location, until the time and date cited. Bids received by the correct time and date shall be opened and the vendor’s name and pricing shall be publicly read. All other information contained in the Bid shall remain confidential until award is made.

The District will not be responsible for the pre-opening of, post-opening of, or failure to open a bid not properly addressed or identified. Bids shall be in the actual possession of the Purchasing Department on or prior to the time (based on the official District time clock) and date, and at the location indicated above. Late Bids shall not be considered. Please indicate the Bid number on the envelope.

Bids must be submitted in a sealed envelope with the Invitation for Bid number and the Bidder’s name and address clearly indicated on the envelope. Electronic submittals if required or optional must be made through the Bonfire portal online. Additional instructions for preparing a Bid are provided herein.

This bid is being done by the Paradise Valley Unified School District as a member of the Strategic Alliance for Volume Expenditures (SAVE). While this bid is for the Paradise Valley Unified 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 bidder may limit ”piggybacking” of this award. Individual public entities would negotiate service with successful bidders using the proposal pricing quoted herein. No volume is implied or guaranteed.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION DOCUMENT.

For further assistance, contact Lina Ardizzone (phone 602 449 2072).

Michelina Ardizzone

Michelina Ardizzone, Purchasing Supervisor

Date Issued: March 19, 2026

COOPERATIVE PURCHASING

Paradise Valley Unified School District 27-002 Page 2 of 38

Table of Contents

Section Page

Cooperative Purchasing

Uniform Instructions to Bidder

Uniform General Terms and Conditions

Special Terms and Conditions

Scope of Work

Attachment 1 – Pricing Sheet

Attachment 2 – Bid and Acceptance Form

Attachment 3 – References Form

Attachment 4 – Confidential/Proprietary Submittal Form

Attachment 5 – Deviations/Exceptions Form

Attachment 6 – Conflict of Interest Disclosure Form

Attachment 7 – Certificate of Insurance Form

Attachment 8 – Vendor Contact Form

Attachment 9 – IRS W9 Form

Attachment 10 2CFR Section 200 Certifications

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

Arizona Revised Statutes (ARS) is available at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

Arizona School District Procurement Rules in the Arizona Administrative Code (AAC) Title 7 – Education, Chapter 2

– State Board of Education are available at http://apps.azsos.gov/public_services/Title_07/7-02.pdf

I.R.S. W-9 form (Request for Taxpayer I.D. Number) and instructions are available at http://www.irs.gov/pub/irs-pdf/fw9.pdf

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

Paradise Valley Unified School District 27-002 Page 3 of 38

This solicitation is being done by the Paradise Valley Unified School District as a member of the Strategic Alliance for Volume Expenditures (SAVE) and is acting as lead district. Any contract resulting from this solicitation shall be for the use of the consortium members. In order to participate in any resultant contract, a school district/public entity must have entered into a cooperative purchasing agreement with the consortium as required by School District Procurement Rule A.A.C. R7-2-1191. No volume is implied or guaranteed.

Below is a list of current member districts/public entities in the Consortium who potentially may wish to utilize this contract. Other school districts/public entities may be added during the term of the contract by SAVE with the approval of the lead district/public entity and the contract bidder. The estimated volume of purchases by other school districts/public entities within SAVE have been taken into consideration by the lead district/public entity and all other school districts/public entities that are not members of the SAVE are prohibited from using the contract.

Strategic Alliance for Volume Expenditures

SAVE --- Cooperative Purchasing Agreements

The following agencies have signed the Cooperative Purchasing Agreement with the SAVE association as of March 10, 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 Kingman 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 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 Clifton Town of Florence Town of Fountain Hills Town of Gila Bend Town of Gilbert Town of Guadalupe 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

Paradise Valley Unified School District 27-002 Page 4 of 38

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) Gila Institute for Technology, a Joint Technology Education District (JTED) Graham County Community College District Maricopa Community College District MidWestern University (Glendale campus) Mohave Community College Mountain Institute JTED 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 University of Arizona Western Arizona Vocational Educ (W.A.V.E.), oint 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 Northern Arizona Intergovernmental Public Trans (NAIPTA) 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 Central Yavapai Fire District Copper Canyon Fire District

Drexel Heights Fire District Fire District of Sun City West Golder Ranch Fire District Mt. Lemmon Fire District Northwest Fire District Superstition Mtn Community Facilities District Sun City West Fire District Three Points Fire District

Misc. Agencies Central Arizona Water Conservation District (CAWCD) Community Hospital Association dba Wickenburg Community Hospital Metropolitan Domestic Water Improvement District North Country Community Health Center 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 Elementary School District #15 Camp Verde Unified School District #28 Cartwright Elementary School District #83 Casa Blanca Middle School dba VahKi 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 Coconino County Regional Accommodation District #99 Colorado River Union High School District Concho Elementary School District #6 Continental Elementary School District #39

Paradise Valley Unified School District 27-002 Page 5 of 38

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 #2 Duncan Unified School District Dysart Unified School District # 89 Eloy Elementary School District #11 Elfrida Elementary School District #12

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 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 PineStrawberry 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 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

Paradise Valley Unified School District 27-002 Page 6 of 38

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

Paradise Valley Unified School District 27-002 Page 7 of 38

While all members of SAVE are eligible to use these contracts, the following public entities have specifically expressed an interest in using these contracts via a survey conducted electronically by the lead public entity. The annual estimated expenditure for each public entity is listed for the convenience of the vendors and by no means a commitment on the part of any public entity.

This solicitation references quantities as a general indication of needs. The District anticipates considerable activity resulting from contracts that will be awarded as a result of this solicitation; however, the quantities shown are estimates only and the District reserves the right to increase or decrease any quantities actually acquired. No commitment of any kind is made concerning quantities, and each potential contractor should take that fact into consideration.

The contract shall be on an as needed, if needed basis. The District makes no guarantee as to the actual usage of any resultant contract.

Agua Fria Union High School $ 30,000 Cartwright School District $ 50,000 Chandler Unified School District $ 30,000 Creighton Elementary School District #14 $ 10,000 Deer Valley Unified School District $ 75,000 Dysart Unified School District $ 60,000 Glendale Elementary School District $ 25,000 Higley Unified School District $ 50,000 J.O. Combs $ 10,000 Kyrene School District $ 15,000 Mesa Public Schools $100,000 Paradise Valley Unified School District $ 20,000 Pendergast Elementary School District $ 20,000 Phoenix Union $100,000 Scottsdale Unified School District $100,000 Tempe Elementary School District $ 45,000 Washington Elementary School District $ 50,000

TOTAL $790,000

Note: Some brands used by the interested parties include Dunn Edwards, Painter’s Supply and Decorating and

Sherwin Williams. It is the intent of the resultant contract to award a variety of paint brands to meet the needs of all SAVE members.

UNIFORM INSTRUCTIONS TO BIDDER

Paradise Valley Unified School District 27-002 Page 8 of 38

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 a Bidder to submit as part of the Bid.

B. “Bidder” means a person submitting a bid in response to an invitation for bids.

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

D. “Contractor” means any person who has a contract with a school district.

E. “Days” means calendar days and shall be computed pursuant to ARS 1-243.

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

G. “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.

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

I. “Responsible Bidder or Offeror” means a person who at the time of contract award has the capability to perform the

Contract requirements with the integrity and reliability which will assure good faith performance.

J. “Responsive Bidder or Offeror” means a person who submits a bid or proposal which conforms in all material respects to the Invitation for Bids or Request for Proposals.

K. “School District or District” means Paradise Valley Unified School District and if applicable, any public entity or member of a consortium group as outlined herein.

L. "Services" 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. Services does not include employment agreements or collective bargaining agreements.

M. “Shall” denotes the imperative.

N. "Solicitation" means an invitation for bids, an invitation to submit technical offers, a request for proposals, a request for qualification, or any other invitation or request by which the school district invites a person to participate in a procurement.

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

P. “Subcontract” means any Contract, express or implied, between the Contractor 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 Bidder to examine the entire Solicitation, seek clarification in writing, and check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the Bid after the Bid 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 Bidder 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 the inquiry since it may then be identified as a Bid and not be opened until after the Bid due date and time.

D. Timeliness. Any inquiry shall be submitted as soon as possible and at least seven (7) days before the Bid due date and time.

Failure to do so may result in the inquiry not being answered.

Paradise Valley Unified School District 27-002 Page 9 of 38

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. A Bidder may not rely on verbal responses to its inquiries.

F. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment.

G. Pre-Bid Conference. If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about the Solicitation or the procurement at that time. A Bidder 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. Bid Preparation

A. Forms: A Bid 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. Electronic Submission; Corrections: The Bid shall be submitted in an electronic format as specified in the solicitation. All entries must be electronically completed. Handwritten, manually altered, or scanned copies of handwritten responses are not permitted.

If revisions are necessary prior to submission, the Bidder must ensure that all changes are clearly incorporated into the final electronic version before submission. Once submitted and after Bids have been opened, modifications shall not be permitted except as otherwise provided under R7-2-1030.

C. Evidence of Intent to be Bound. The Bid and Acceptance form within the Solicitation shall be submitted with the Bid and shall include a signature by a person authorized to sign the Bid. The signature shall signify the Bidder’s intent to be bound by the Bid and the terms of the Solicitation and that the information provided is true, accurate, and complete. Failure to submit verifiable evidence of intent to be bound, such as an original signature, shall result in rejection of the Bid.

D. Exceptions to Terms and Conditions. All exceptions included with the Bid shall be submitted in a clearly identified separate section of the Bid (or on the Deviations and Exceptions form if included in this solicitation) in which the Bidder 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 Bidder’s preprinted or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

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

Bid.

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

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

H. Federal Excise Tax. School Districts are exempt from certain Federal Excise Tax on manufactured goods. Exemption

Certificates will be prepared upon request.

I. Provision of Tax Identification Numbers. Bidders are required to provide their Arizona Transaction Privilege Tax number and/or

Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance Form and provide the tax rate and amount, if applicable, on the Price Sheet.

J. Identification of Taxes in Bid. School Districts are subject to all applicable state and local transaction privilege taxes. If

Arizona resident Bidders do not indicate taxes as a separate item in the Bid, the School District will conclude that the price(s) bid includes all applicable taxes. At all times, payment of taxes and the determination of applicable taxes and rates are the sole responsibility of the Contractor.

K. Disclosure. If the firm, business, or person submitting this Bid 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 Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective date of this suspension or

Paradise Valley Unified School District 27-002 Page 10 of 38 debarment, the duration of the suspension or debarment, and the relevant circumstances relating 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 Instructions, Terms and Conditions;

3. Uniform General Terms and Conditions;

4. Scope of Work/Specifications;

5. Attachments;

6. Exhibits;

7. Uniform Instructions to Bidders.

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 Bid

A. Electronic Submission Requirements. Each Bid shall be submitted electronically through the submission method identified in this Solicitation. The Bidder is responsible for ensuring that the electronic submission is properly labeled and clearly identifies the Solicitation number to which it responds.

The Solicitation number must be clearly referenced within the electronic submission, as instructed in the Solicitation documents. Failure to properly identify the Solicitation number may result in the Bid being deemed non-responsive.

C. Bid Amendment or Withdrawal. A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the modification or withdrawal is received before the Bid due date and time at the location designated in the Invitation for Bid. A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided under R7-2-1028.

D. Public Record. Under applicable law, all Bids submitted and opened are public records and must be retained by the School

District. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be confidential by the School District, pursuant to R7-2-1006. If a Bidder believes that information in its Bid 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 provide on the Confidential/Proprietary Submittals form 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.

E. Non-collusion, Employment, and Services. By signing the Bid and Acceptance Form or other official contract form, the Bidder 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 Bidder or with any competitor; the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder 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, a Bid 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 Bid; 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 Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise lawfully prohibited from participation 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 Bid, 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.

5. By submission of this bid, that Bidder has taken steps and exercised due diligence to ensure that Bidder 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, Paradise Valley Unified School District 27-002 Page 11 of 38 recommending, selecting or contracting for materials, services goods, construction or construction services of the District, in accordance with ARS §15-213 (O) and AAC R7-2-1003 (J).

5. Additional 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 is not a factor in determining the lowest Bidder.

C. Late Bids, Modifications or Withdrawals. A Bid, modification or withdrawal submitted after the exact Bid due date and time shall not be considered except under the circumstances set forth in R7-2-1028(B).

D. Disqualification. The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.

E. Bid Acceptance Period. A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid acceptance, the number of days shall be ninety (90).

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

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

1. Waive any minor informality;

2. Reject any and all Bids 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, or categories, by an incremental award, by region, or by location, as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders that the School District determines is necessary to meet the needs of the School District.

B. Contract Inception. A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract.

A Contract is not created until the Bid is accepted in writing by the School District with an authorized signature on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Bid.

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

D. Final acceptance for each participating School District will be contingent upon the approval of their 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 AAC R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the District Representative, Eva Calles, Director of Purchasing.

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 within 10 days of the request.

C. The interested party may file a written request with the district representative for an extension of the time limit for providing additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit set forth in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide the

Paradise Valley Unified School District 27-002 Page 12 of 38 additional information with the 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.

D. 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.

E. In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after the school district makes the procurement file available for public instruction.

F. 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 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

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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 (ARS) §15-213, and its implementing rules, Arizona Administrative Code (AAC) 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 or 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 ARS § 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, 2004-4 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

C. Audit. 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 Entity 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 Bid 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 ARS § 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 Bid and in any resulting Contract.

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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. IRS 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 and 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 ARS § 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 ARS § 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.

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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, 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.

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