2-Attachment A - Formal Instructions to Respondents - FINAL.pdf

Last Update: 7/2/2025 EUNA Procurement COS Instruction to Bidders Template ( master)

CITY OF SCOTTSDALE

City of Scottsdale Formal Solicitation Instructions to Respondents Attachment A)

1. Submittal Receipt and Opening The City of Scottsdale is utilizing Euna Procurement to provide an electronic procurement portal that allows access to business opportunities and to submit bids and proposals. If you are not registered as a City of Scottsdale Euna Procurement vendor visit the Euna Procurement portal at City of Scottsdale, AZ Euna Procurement then follow the link to the Euna Procurement vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Euna Procurement Support at support@gobonfire. com.

SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED up until the time and date stated in the portal and in the CRITICAL DATES section of the solicitation document. It shall be the responsibility of the respondent to confirm that submittals contain all required documents and are submitted electronically through the City of Scottsdale procurement portal here:

City of Scottsdale, AZ Euna Procurement. LATE SUBMITTALS WILL NOT BE ACCEPTED and will be automatically rejected by the system.

It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

Upon upload, proposals are automatically time stamped and will remain secure and sealed until after the submission deadline has passed. Please contact Euna Procurement at support@gobonfire. com for technical questions related to your submission or difficulties in accessing the RFP documents. Submittals will be opened, read and the name of each respondent recorded, as a matter of public information, within

30) minutes after the receipt time and date have passed.

2. Purchasing Department Hours and City Observed Holidays The Purchasing Department is open Monday through Friday 8:00 a.m. to 4:00 p.m. City holiday time frame will be 6:00 p.m . the eve of the holiday until 6:00 a.m. on the day after the holiday. City holidays that occur on a weekend day may be observed on the adjacent working week day. City holidays include but are not limited to the following:

a. New Year’s Day January 1st (or Friday before or Monday after)

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

f. Independence Day July 4th (or Friday before or Monday after)

g. Labor Day 1st Monday in September

h. Veteran’s Day November 11 (or Friday before or Monday after)

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

k. Christmas Day December 25th (or Friday before or Monday after)

Direct all invoices to:

City of Scottsdale Attn: Accounts Payable 7447 E. Indian School Rd.

Ste 210 Scottsdale, AZ 8251 Phone ( 480) 312-2432

PURCHASING OFFICE

9191 E. SAN SALVADOR DR.

SCOTTSDALE, AZ 85258

Phone ( 480) 312-5700

Fax ( 480) 312-5701

SCOTTSDALE1\EVanda https://scottsdaleaz.bonfirehub.com/portal/?tab=login

SCOTTSDALE1\EVanda https://scottsdaleaz.bonfirehub.com/portal/?tab=login

SCOTTSDALE1\EVanda https://scottsdaleaz.bonfirehub.com/portal/?tab=login

SCOTTSDALE1\EVanda mailto:support@gobonfire.com

SCOTTSDALE1\EVanda https://scottsdaleaz.bonfirehub.com/portal/?tab=login

SCOTTSDALE1\EVanda mailto:support@gobonfire.com

EUNA Procurement COS Instruction to Bidders Template ( master)

3. Pre-Submittal Conference If applicable the Pre-Submittal Conference time, date and location will be stated in the CRITICAL DATE section of a solicitation. All respondents are urged to attend. If scheduled, the date and time of this conference is indicated on the cover page of this document. The purpose of this conference is to clarify the contents of this solicitation in order to prevent any misunderstanding of the City’s position. This conference will also give Respondents an additional opportunity to submit any questions and discuss any questions previously submitted.

4. Mandatory Pre-Submittal Conference If applicable the mandatory Pre-Submittal Conference time, date and location will be stated in the CRITICAL DATES section of a solicitation. This mandatory Pre-Submittal Conference is open to all the public and all individuals in attendance will be required to sign in on the mandatory Pre-Submittal Conference sign-in sheets. Companies planning to submit a bid must have a company employee physically present at the Pre-Submittal Conference. ONLY bids received from companies that physically attended and signed in at the mandatory Pre-Submittal Conference will be considered responsive. This will be the ONLY visit provided.

5. Information Requests Requests for additional information relating to this solicitation should be directed to the staff member identified in the SOLICITATION INFORMATION REQUEST section of a solicitation.

6. Solicitation Questions The respondent shall submit all questions, requests for clarification and inquiries in regard to this solicitation electronically via the City of Scottsdale Euna Procurement portal. The questions are due by the question due date and time stated in the portal and listed in the CRITICAL DATES section of the solicitation. When submitting any questions, the respondent should indicate the page number, section number/clause, title if possible, and the paragraph number that is being questioned.

It is your responsibility to give notice, in the form of written questions before the bid opening on any item or issue in this solicitation that you believe should not be included or contained in any amendment to this solicitation or that the City failed to include in this solicitation that should have been included, and by your notice, the City could have cured the problem if the item or issue had been timely raised or objected to.

Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of inclusion of the item or issue in this solicitation in any subsequent protest filed by you.

Any inquiries received after the specified time will be reviewed on an individual basis by the Purchasing Staff to determine if a response would be advantageous for the City.

7. Approved Alternates ( If applicable will be stated in the CRITICAL DATES section of a solicitation) Specifications and plans, if applicable, may contain references to service requirements, equipment and/or materials ( patented or unpatented) or "approved alternate(s)." Such references shall be regarded as establishing a standard of quality, finish, appearance, performance or as indicating a selection or design based upon compatibility with existing equipment, materials or details of construction ( if applicable) inherent to the project design. Such references shall not be construed as limiting the selection to a specified item, source or design detail. The use of an alternate or substitute item or source as an approved alternate will be permitted, subject to the following procedure and pursuant to ARS 34-104 if the subject matter of this solicitation involves construction.

a. The respondent shall submit all requests for alternate electronically via the City of Scottsdale Euna Procurement portal. The alternate requests are due by the alternate request due date and time.

Alternate requests shall include all information necessary for proof of quality and suitability for substitution including benefits, engineering design and data ( calculations) and/or detailed plan modifications which may be required by the substitution. The respondent shall submit additional information and/or samples when required.

The Contract Administrator or his representative, will evaluate the information submitted, perform tests when necessary and make comparisons in order to approve or reject the submittal. If rejected, EUNA Procurement COS Instruction to Bidders Template ( master) the Contract Administrator shall give notice of rejection to the Respondent submitting the request for approved alternate.

b. If the request for approved alternate is accepted, Purchasing shall issue a written addendum to the solicitation specifying the approved alternates and publish the modification in the same manner as the original solicitation documents.

c. The Specifications may reference equipment or materials " or alternate". The reference to " or alternate" shall be construed to mean "or approved alternate" in every instance. Use of an alternate or substitute item shall be allowed only if approval was received as outlined in this section.

d. For purposes of submitting a Request for Approved Alternate, the “Respondent” is defined as the person or firm entering a submittal to the City in response to this solicitation. Therefore, the City will not entertain any submittal for an approved alternate from any party not meeting the definition of Respondent.

8. Environmental Procurement Policy The City has established an Environmental Procurement Policy which encourages the inclusion of environmentally responsible products and services available to meet the intended purpose. We encourage the offer of alternatives that broaden the range of environmentally responsible products or services that will meet the performance requirements of this solicitation. IF YOU WISH TO SUBMIT AN ALTERNATIVE, follow the procedures specified in the Instructions to Respondents, Approved Alternate Section of this document, unless the approved alternate clause has been deemed not applicable.

9. Downloading Solicitations Solicitation documents, plan sheets/drawings, if applicable, and addenda are available for download.

Respondents may print their own copies of these documents. Solicitation documents are not available at the Purchasing Department offices. In addition, the City of Scottsdale has partnered with Euna Procurement to provide a procurement portal that allows vendors to submit responses digitally.

10. Email Notification The City of Scottsdale emails registered suppliers through an e-procurement system. To receive notifications on solicitations, offerors can register for a free account at https://scottsdaleaz.bonfirehub.com/portal/

11. City of Scottsdale Procurement Code All procurement activities, conducted by the City of Scottsdale, are in conformance with the rules and regulations of the Scottsdale Procurement Code. A A copy of the Code is available from the Purchasing website at http://www.scottsdaleaz.gov/purchasing.

12. Respondent’ s Presentation Respondents may be invited to make a presentation. If invited, Respondents will be notified of the date and time of the presentation by the City of Scottsdale Purchasing Department.

13. Ineligible Respondent The preparer of the bid specifications is not eligible to submit a response on the solicitation for which they prepared the specification, nor is the preparer eligible to supply any product to a Respondent or Offeror on the solicitation for which they prepared the specification.

14. Obligations The issuance of this solicitation shall not obligate the City to pay any costs incurred in the preparation and submission of responses.

15. Non-Collusion Affidavit By signing the Offer and Acceptance Form/Signature Page of the solicitation, or other official contract form, the respondent certifies that:

SCOTTSDALE1\EVanda https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities%20 http://www.scottsdaleaz.gov/purchasing

EUNA Procurement COS Instruction to Bidders Template ( master)

In connection with the performance of this solicitation or any resulting Contract, the Respondent is stating and certifying that the Contractor/Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its submittal in response to this solicitation or any potential resulting Contract.

If any company is jointly owned or associated through common officers/employees with another company(s) that is/are responding to the same solicitation, both/all of those companies must take all precautions to ensure that the preparation of their submittal is done completely independent of the other company(s) or individual(s). Specifically, any individual working on preparation, approving or signing one submittal can have no knowledge of or interaction with any other submission from a different company for that same solicitation.

If the subject matter of this solicitation is construction, the Respondent shall submit a completed and Notarized Non-Collusion Affidavit, stating and certifying that said Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its submittal in response to this solicitation or any potential resulting Contract. The respondent shall return the completed and notarized Non-Collusion Affidavit with its submittal.

16. Immigration Law Compliance By signing the Offer and Acceptance Form/Signature Page of this solicitation, the respondent certifies and warrants that for all solicitations for services (including construction services), it has complied with and will maintain compliance with the E-Verify Program as required by ARS §23-214(A) up to the time of the contract award. Failure to comply with the E-Verify Program may result in the automatic disqualification of the submittal as being non-responsive or the termination of any Contract awarded and the possible forfeiture of any applicable bond.

The City will include specific “Compliance with Federal and Arizona State Immigration Laws” language in any Contract or Subcontract it enters into with the successful respondent. In addition, this language must be included in any Subcontracts that the successful respondent enters into with its Subcontractors.

17. Lawful Presence in The United States for Persons Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a Contract and apply for public benefit, must demonstrate through a signed affidavit and the presentation of a copy of documentation, that they are lawfully present in the United States.

A PERSON is defined as all-NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as indicated by your W-9 Filing. ( This law does not apply to LLP’s, LLC’ s, PLLC’ s, Corporations, Limited Partnerships or General Partnerships)

By submitting your response to the City, you are agreeing that if you are selected as the awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of your documentation in proof of that statement. Types of acceptable documentation copies are an Arizona Driver’s License issued after 1996, Arizona nonoperating identification license, U.S. Birth Certificate, U.S.

Passport, I-94 Form with photograph and several others that are all listed on the Affidavit Form that the City will send to you for your completion prior to issuing any Contract.

If you have previously done business with the City and already have filed the above Affidavit with copies of an acceptable document, please indicate the date of submission. An acceptable Affidavit already on file with the City will be sufficient to meet this requirement.

If you fail to provide a completed Affidavit and accompanying acceptable copy of your documentation, or not advise the City of your prior filing within 10 calendar days of being requested, then you may be considered non-responsive and disqualified from award consideration. You can obtain the complete

EUNA Procurement COS Instruction to Bidders Template ( master)

Affidavit form from the Purchasing Department at ( 480) 312-5700 or the Purchasing web site at http://www.scottsdaleaz.gov/Purchasing.

18. Taxes/Licenses Federal Excise Taxes:

The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where the City is exempt are:

1. Fuel that is used by the City

2. Communication

3. Heavy trucks, trailers and tractors

4. Certain Superfund activity

If there is a specific circumstance that is in doubt, you should contact the City to resolve the status of that Federal Excise tax and its applicability.

Transaction Privilege (Sales) Taxes on the City:

The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and City privilege (sales) taxes on the goods and services that it procures. For suppliers within the State of Arizona, the City expects to be charged the appropriate privilege taxes on the invoice. For out of state suppliers that do not have the ability to collect Arizona privilege taxes, the City will self-accrue such Arizona State and City use taxes for collection and payment to the State of Arizona and City of Scottsdale.

Transaction Privilege ( Sales) Taxes on the Supplier / Contractor: Certain business services and activities may incur a City of Scottsdale Transaction Privilege (sales) tax liability. To determine the City of Scottsdale tax treatment, please visit the following website and view the City of Scottsdale Tax Code and other Privilege and Use tax resources.

Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax & License Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable taxes due on Contract income whether or not such taxes are specifically separated in the bid amount.

http://www.scottsdaleaz. gov/taxes/

Certain Business Services and Activities may have a State Transaction Privilege (sales) tax liability. To determine the State tax treatment, please visit the following website or contact the Arizona Department of Revenue at 602-716-6578 or 602-716-6657.

http://azleg.state.az.us/ArizonaRevisedStatutes. asp?Title=42

To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following website:

http://www.azdor.gov/Business.aspx

The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that do not have a City of Scottsdale transaction privilege ( sales) tax liability. This includes all activities or acts including, but not limited to service, professionals, trades and occupations, personal or corporate. To engage or continue in business the owner must obtain a Business, Occupational and Professional License.

Service oriented businesses located outside the City limits are NOT required to obtain a Business, Occupational and Professional License from the City of Scottsdale.

Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License and the Business, Occupational and Professional License applications:

http://www.scottsdaleaz. gov/taxes

Respondent is solely responsible for any and all tax obligations which may result out of the Respondent’s performance of this Contract. The City has no obligation to pay any amounts for taxes, of any type incurred by the Respondent.

Construction Related Transaction Privilege (Sales) Taxes Responsibility of the Contractor:

The Contractor shall be responsible for payment of all applicable State of Arizona and City of Scottsdale transaction privilege (sales) taxes due on construction income whether or not such taxes are specifically

SCOTTSDALE1\EVanda http://www.scottsdaleaz.gov/Purchasing

SCOTTSDALE1\EVanda http://azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

SCOTTSDALE1\EVanda http://www.scottsdaleaz.gov/taxes/

SCOTTSDALE1\EVanda http://www.azdor.gov/Business.aspx http://www.scottsdaleaz.gov/taxes

EUNA Procurement COS Instruction to Bidders Template ( master) separated in the bid amount. The taxes are to be reported on either a progressive billing (accrual) basis or cash receipts basis, depending on the method chosen at the time application was made for the Privilege sales) Tax License.

City Privilege (sales) tax exemptions/deductions may be applicable to certain projects. We advise you to consider this as you prepare your bid. Please review, in detail, Sections 415, 465, and 110 of the Scottsdale Revised City Code, Appendix C to determine if exemptions/deductions are applicable. For tax guidance, please reference the City Code and other tax resources at the following website:

http://www.scottsdaleaz. gov/taxes/

The State of Arizona has similar exemptions; please reference ARS Title 42 at the following website:

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

To determine tax treatment of design/build Contracts, please contact the Arizona Department of Revenue at 602-255-2060 and the City of Scottsdale Tax Audit Section at 480-312-2629.

Construction bids will be evaluated and recommended for award based on the total bid cost including tax.

19. Contractor’s Licensing Requirements If applicable, the Contractor shall identify its Arizona State Contractor's License Number and Classification on the appropriate Form and Signature Page, as evidence that it is licensed to contract the work indicated in the specifications at the time of submittal.

In accordance with Article 3, Regulation 32-1151 of the Arizona Registrar of Contractors Statutes and Rules, it is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a Request for Qualification/Quotation or a Request for Proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a Contractor without having a Contractor’s license in good standing in the name of the person, firm, partnership, corporation, association or other organization at the time of submittal, if such licensing is a requirement of the Arizona Registrar of Contractors.

20. Litigation The Respondent shall disclose along with any submittal any issue or potential issue that may have a material bearing on the financial condition, solvency or credit worthiness of the organization. Disclosure includes any material contingent liabilities or uninsured potential losses, involuntary contract terminations in other jurisdictions and any voluntary or involuntary bankruptcy filings over the past 7 years. The Respondent shall also disclose any litigation in which the Respondent has been involved in, either as a plaintiff or defendant, within the past 3 years, and the Respondent shall agree to notify the City within 7 days of any litigation or significant potential for litigation of which the Respondent becomes aware. Further, the Respondent shall warrant that it will disclose in writing to the City all litigation involving the Respondent, the Respondent's related organization(s), owners and key personnel.

21. Subcontractor’ s List If, at the time of bidding, any Respondent intends to Subcontract any portion of this Contract, the Respondent must complete the information required on the Subcontractor' s List and include this list with submittal documents.

22. Subcontractors During the performance of the Contract, the Contractor may engage any additional Subcontractors as may be required for the timely completion of this Contract, unless specifically prohibited by the specification.

The addition of any Subcontractors must first receive the approval of the City. The awarded Contractor may relieve Subcontractors of City Tax liability by providing them with a completed Subcontractor Written Declaration form.

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Contract rests with the Contractor. The Contractor assumes responsibility for the proper performance of the work of Subcontractors and any acts or omissions in connection with such performance. Nothing in the Contract documents is intended or deemed to create any legal or contractual relationship between the

SCOTTSDALE1\EVanda http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42 http://www.scottsdaleaz.gov/taxes/

EUNA Procurement COS Instruction to Bidders Template ( master)

City and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights.

23. Confidential Information Requests for nondisclosure of confidential information such as trade secrets and other proprietary data must be made known to the City within the bid submittal.

Respondents are instructed to clearly identify any proprietary information that may be submitted, and, if feasible, package such information in a separate document, labeled “Confidential” or “Proprietary”.

The City is subject to Arizona statutes and City Charter provisions that may permit the inspection of public records. The City cannot ensure confidentiality of any portion of a submittal document in the event a public inspection request is made. Pricing will not be held confidential.

However, in accordance with Section R2-188.23 pertaining to Request for Proposals and Section R2-

188.6 pertaining to Invitation for Bids, of the City’s Procurement Code, the City shall examine the portions of your proposal noted as “Confidential” and/or “Proprietary”. If a determination to disclose the information is made, you shall be so informed.

This is the only notification concerning confidential information that will be given to potential respondents, and this provision should be taken into consideration prior to submitting a bid.

After Contract award, and unless otherwise instructed by the Respondent, the City will destroy all information identified as confidential or proprietary in accordance with public records retention requirements.

24. Small Business Small, minority owned businesses ( MBE/WBE/DBE) are encouraged to respond to City of Scottsdale solicitations.

25. Title Vi Notice The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78

Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

26. Interpretations, Addenda

THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR RESPONDENTS ADJUSTING THEIR

SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY THE

CITY'S CONTRACTED CONSULTANT OR AGENT. SUBMITTALS DEVIATING FROM THE

SPECIFICATIONS CONTAINED HEREIN BY ANY MEANS OTHER THAN AN AUTHORIZED

ADDENDUM ISSUED BY THE PURCHASING DEPARTMENT ARE SUBJECT TO REJECTION.

Should a Respondent find an ambiguity, inconsistency or error in the applicable Plans or Specifications, or should it be in doubt as to their meaning, it shall at once notify the contact person listed on this solicitation, who will prepare a written addendum if warranted. The City shall not be responsible for oral instructions or information.

All questions shall be submitted as per the Solicitation’s Questions Clause.

Any addenda issued by the City shall become a part of the Contract. By signing and submitting a response, the Respondent is acknowledging that it will abide by all addenda issued prior to the opening of the submittals and agreeing that all pricing takes into account all such addenda.

A Notice of Addenda will be emailed to those who have registered as a downloader and provided their email address; or provided by other appropriate means to each respondent, person or firm recorded on

EUNA Procurement COS Instruction to Bidders Template ( master) the Plan Holder’s list. The respondent can return to the City’s e-procurement site to verify how many addenda have been issued for a specific solicitation. The Respondent is responsible to be aware of ALL addenda before submitting its final bid/proposal. The City takes no responsibility for any addenda that a respondent has failed to address in its submittal and will hold the respondent responsible that its pricing encompasses all issued addenda.

27. Submittal Procedure No submittal will be considered unless it is submitted on the Forms contained herein (or as otherwise requested). Faxed or emailed submittals will not be considered. Erasures, interlineations or other modifications in the submittal shall be initialed by the authorized person signing the Offer & Acceptance/Proposal Signature Page document.

The Bid Form/Pricing Proposal page (if applicable) containing the pricing must be completed. The name of the Contractor/Company must be listed on the page.

To be considered responsive, the Offer and Acceptance Form/Proposal Signature page must be signed and dated by an authorized person(s) eligible to sign Contract documents for the Contractor and is part of the original submittal due at the stated date and time indicated in the solicitation. Consortiums, joint ventures, or teams entering submittals will not be considered responsive unless it is established that all contractual responsibility rests solely with one Respondent or one legal entity. The submittal must indicate the responsible entity.

Submitters should be aware that joint responsibility and liability will attach to any resulting Contract and failure of one party in a joint venture to perform will not relieve the other party or parties of total responsibility for performance.

LATE SUBMITTALS WILL NOT BE CONSIDERED Late submittals will be rejected by the City’s procurement portal (Euna Procurement).

No submittal may be withdrawn for a period of one hundred and twenty (120) days after the date set for receipt of submittals.

At any time prior to the specified solicitation due time and date, a Respondent may withdraw the bid.

Faxed withdrawals will not be considered.

Submittals to the City with the signed Offer on the Offer and Acceptance Form/Proposal Signature document constitutes a legally binding offer by the Contractor.

All submittals are to be completed on City of Scottsdale (COS) forms without any alterations; failure to do so may result in your submittal being rejected.

28. Donations If you intend to submit a response, to avoid the appearance of impropriety, you shall not make any donation of goods or services to the City during the procurement process.

29. Award Determination

a. For the Award of an Invitation for Bids (IFB)

Bids will be evaluated and recommended for award based on the total bid cost excluding all applicable taxes.

The total bid cost amount shall include all costs attendant to the bid such as any preparation charges and transportation and delivery charges fully prepaid by the Contractor to the destination specified in the bid.

The Contract will be awarded to the lowest responsible and responsive Bidder whose bid conforms in all material respects to the requirements and criteria set forth in the Invitation for Bids. The City

EUNA Procurement COS Instruction to Bidders Template ( master) reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

In the event of an “Add Alternate” bid, in order to keep the project within the budget, the City will use the “alternate add” bidding process. Under this procedure, the City will award the Contract to the lowest responsive bidder considering the sum of the “base bid” and those “ alternate bid items” which are within the budget. The City will select the alternates in the order specified in the bid tabs. The City reserves the right not to select any item in the “alternate bid”.

b. For the Award for Request for Proposals (RFP) Responsive proposals will be evaluated based on the evaluation criteria established within the solicitation document. Various elements of the proposal submittal will be reviewed and evaluated against the solicitation requirements. There may or may not be a requested presentation from the top proposals to further understand their proposal and how it responds to the solicitation requirements.

Proposers should not assume there will be an opportunity for presentations and should therefore make their proposal submittals comprehensive in response to the solicitation requirements.

Upon conclusion of all of the evaluations, a recommendation is made to award to the Proposer that best meets the City’s needs and provides the best value to the City.

Notwithstanding any other provision of the Request for Proposal, the City expressly reserves the right to:

1). Waive any immaterial defect or informality; or 2). Reject any or all Proposals, or portions thereof; or 3). Reissue a Request for Proposal.

4). To award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

30. Rejection of Bids The Purchasing Director or City Council reserves the right, as the interest of the City requires, to reject any or all submittals, to waive any informality in submittals received, to award a Contract by accepting or rejecting any alternate submittal(s) (additive or subtractive) and reserves the right to reject the submittal(s) of any Respondent who has previously failed to perform competently in any Contract with the City.

31. Protests Pursuant to the City of Scottsdale Procurement Code Section 2-213, an aggrieved person may protest any aspect of a solicitation prior to award of a Contract. As used herein, the phrase “ any aspect of a solicitation” shall be limited in its interpretation to mean an alleged violation of the City’s Procurement Code as it relates to the bid solicitation, its evaluation, or its award.

A protest must be filed within ten (10) calendar days after the protestor, exercising reasonable diligence, knew or should have known of facts and circumstances upon which the protest is based. Failure to protest any issue, fact or circumstance that the protestor knew or should have known upon the exercise of reasonable diligence within said ten (10) calendar day period shall forever preclude a hearing based upon that issue, fact or circumstance.

Notice of Awards will be given either through the City Council Meeting Agendas for those Contracts being awarded by City Council ( i.e., for construction and professional services) or through a Notice of Intent to Award posting, ten ( 10) calendar days prior to award, on the City’s e-procurement site for all administratively awarded Contracts. Award of Contracts shall be final and no protest pursuant to this section may be filed after award.

A protest must be in writing and shall:

State the name and address of the aggrieved person.

Identify the contracting activity and the number of the solicitation.

Contain a statement of all the grounds for the protest that the protestor then knows or should know based upon the exercise of reasonable diligence. Include supporting exhibits, evidence or documents to

EUNA Procurement COS Instruction to Bidders Template ( master) substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

Material submitted by a protester shall not be withheld from an interested party except to the extent that the withholding of information is permitted or required by law or as determined pursuant to code provisions for confidential material.

If the protester believes the protest contains material that should be withheld, a statement advising the Director of this fact shall accompany the protest submission.

The written protest must be filed with the Purchasing Director at the following address:

City of Scottsdale Purchasing Services Department 9191 E San Salvador Dr.

Scottsdale, AZ 85258 Attn: Jenn Myers, Purchasing Director

The Director may dismiss a protest, upon a written determination, before scheduling a hearing if:

The protest does not state a valid basis for protest; or

The protest is untimely pursuant to Procurement Code Section 2-213.

If the Director determines that a hearing is appropriate under the circumstances, the Director shall notify the protestor of the time and place set for a hearing on the protest. The Director may also give notice of the hearing to any other persons involved in the solicitation whose interests may be affected by the ruling requested from the Director. Any person whose interest is affected shall be permitted to intervene and participate in such hearing.

Nothing contained herein shall require that the protest hearing be held prior to the award, if evidence from the solicitation, its evaluation or its award cannot be released to the public until after the award in order to protect the competitive process or in the best interests of the City.

32. Contract Award Notification Intent to Award notices for Contracts conducted as formal solicitations will be posted on The City of Scottsdale’s e-procurement site.

The City Council must approve the award of Contracts for construction and professional services exceeding the formal procurement limit. Any Contract award going to City Council for approval is not binding on the City until after approval by the City Council, even if previously signed by the Contractor and a City representative. All other Contracts exceeding the formal procurement limit may be administratively awarded by the Purchasing Director.

It is the submitter’s responsibility to access this information from the City of Scottsdale Purchasing website link provided above. This is the only notification you will receive regarding the posting of Notices of Intent to Award and Award.

33. Award of Contract

a. When Awarded by Offer and Acceptance Agreement:

By signing the Offer portion of the Offer/Acceptance Form as a part of the Response to the solicitation, the Contractor is making a non-contingent offer to Contract with the City strictly based upon the terms, conditions, and specifications contained in the City’s solicitation. The City is under no obligation to accept any identified exceptions. These bid or proposal offers do not become Contracts until after the Purchasing Director has signed the acceptance portion of the Offer/Acceptance Form. The Contract is then considered awarded to the successful Contractor, eliminating the signing of a separate Contract.

EUNA Procurement COS Instruction to Bidders Template ( master)

For that reason, all of the terms, conditions and specifications of the procurement Contract are contained in the solicitation, unless any of the terms, conditions or specifications are modified by an addendum to the solicitation, a Contract amendment, or by mutually agreed written terms and conditions in the Contract documents.

The effective date of this Contract shall be the date the Purchasing Director signs the Offer and Acceptance Form, unless another date is specifically stated as the effective date.

The Contractor is cautioned not to begin any billable work or provide any materials or services under this Contract until the Contractor receives a Purchase Order document or separate Notice to Proceed.

Once the City has awarded the Contract by signing the acceptance portion of the Offer/Acceptance Form, Notice of Contract Award and presenting it to the Contractor, the Contractor is required to provide all additional Bonds and/or Insurance Certificates, and other documentation required to issue the Purchase Order or Notice to Proceed; within ten ( 10) calendar days after the date of this Acceptance of Offer or Notice of Contract Award. If the Contractor fails to furnish the required documents within the stated ten (10) calendar days, they may be considered in default and may risk forfeiture of any applicable required Bid Bond. All required documents shall be sent to the Purchasing Representative listed in the solicitation.

b. When Awarded by Attached Contract:

A signed response to a Request for Proposal OR Invitation for Bid is an offer to Contract with the City based upon the Terms, Conditions, Scope of Work and Specifications contained in the City's solicitation and the sample Contract attached to a solicitation. Contract may be administratively, or Council awarded per solicitation requirements.

Administrative Awarded Contract:

A Contract will be formed when the Purchasing Director awards the Contract executed by the City and the selected Offeror.

Council Awarded Contract:

A Contract will be formed when the City of Scottsdale City Council awards the Contract executed by the City and the selected Offeror.

Once the City has awarded the Contract, the Offeror is required to provide all additional Bonds and/or Insurance Certificates and other documentation required to issue the purchase order; within ten (10) calendar days after award. If the Offeror fails to furnish the required documents within the stated ten

10) calendar days, they may be considered in default and may be at risk forfeiture of any applicable required Bid Bond. All required documents shall be sent to the Purchasing Representative listed in the solicitation.

34. Bid Bond (If applicable will be stated in the Special Terms & Conditions section of a solicitation) Each bid must be accompanied by a cashier's check made payable to the order of City of Scottsdale in the sum of not less than 10% of the total bid, or a bond with sufficient sureties to be approved by the City in a sum equal to 10% of the total bid, and naming City of Scottsdale as obligee. Bid Security will be returned to all but the two lowest responsible and responsive bidders after the Intent to Award has been posted, and the remaining securities returned within fourteen (14) days after final execution of contract.

Each bond shall be executed solely by a surety company or companies holding a Certificate of Authority to transact surety business in the State of Arizona issued by the Director of the State Department of Insurance pursuant to Arizona Revised Statutes Title 20, Chapter 2, Article 1. The bonds shall not be executed by an individual or personal surety or sureties. Additionally, the surety company issuing any bond shall have an A.M. Best Company Inc. Financial Strength Rating of not less than “A-VI”.