Art_Supplies.pdf

TEMPE UNION HIGH SCHOOL DISTRICT #213

NOTICE OF INVITATION FOR BID

27-002EE-32IFB

Table of Contents

1. NOTICE OF INVITATION FOR BID

2. COOPERATIVE PURCHASING

3. BID TIMELINE

4. UNIFORM INSTRUCTIONS TO BIDDERS

5. UNIFORM GENERAL TERMS AND CONDITIONS

6. FEDERAL FUNDING REQUIREMENTS

7. SPECIAL INSTRUCTIONS TO BIDDERS

8. SPECIAL TERMS AND CONDITIONS

9. SCOPE OF WORK/SPECIFICATIONS

10. BID REQUIREMENTS

11. EVALUATION CRITERIA

12. BID TABLE

13. VENDOR QUESTIONNAIRE

14. ATTACHMENTS

Attachments:

A - Vendor Registration Form fillable

DOCUMENTS REFERENCED:

• Arizona Revised Statutes (A.R.S.) is available at:

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

• Arizona School District Procurement Rules in the Arizona Administrative Code is available at:

https://apps.azsos.gov/public_services/Title_07/7-02.pdf

• Arizona Transaction Privilege and Use Tax Rates is available at:

https://www.aztaxes.gov/Home/Address

• Arizona Transaction Privilege Tax Notice (MRRA) is available at:

https://azdor.gov/business/transaction-privilege-tax

• I.R.S W-9 Form (Request for Taxpayer I.D. Number) is available at:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

• Arizona School Facilities Oversight Board can be found at:

https://sfb.az.gov/

• 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 https://apps.azsos.gov/public_services/Title_07/7-02.pdf https://www.aztaxes.gov/Home/Address https://azdor.gov/business/transaction-privilege-tax http://www.irs.gov/pub/irs-pdf/fw9.pdf https://sfb.az.gov/ https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html

This document originated at https://procurement.opengov.com/portal/tuhsd

NOTICE OF INVITATION FOR BID

Art Supplies

MATERIAL: Art Supplies

DUE DATE: Friday, August 28, 2026 Time: 2:00 pm Arizona time

Attendance for this bid opening will be virtual via Google Meet at the link or phone number below:

Art Supply Bid Opening 27-002EE-32IFB Friday, August 28 · 2:00 – 2:10pm Time zone: America/Phoenix Google Meet joining info

Video call link: https://meet.google.com/dss-hvau-ssu Or dial: 1114-576-(US) +1 806 PIN: 621 177 423# More phone numbers:

https://tel.meet/dss-hvau-ssu?pin=6413030402374

In accordance with School District Procurement Rules in the Arizona Administrative Code (A.A.C.) promulgated by the State Board of Education pursuant to A.R.S.§15-213, Proposals for the material or services specified will be received by Tempe Union High

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 bidders pricing shall be publicly read and recorded. All other information contained in the Bid shall remain confidential until award is made.

Initial contract term shall be from September 16, 2026 through September 15, 2027 with an option to renew (up to) four (4) one-year renewals.

Bids shall be in the actual possession of the District via OpenGov at https://procurement.opengov.com/portal/tuhsd, prior to the exact time and date indicated above. Late Bids shall not be considered. The official time will be determined by the clock designated by the school district.

This Bid is being done by Tempe Union High School District as a member of the Strategic Alliance for Volume Expenditures, “SAVE”. While this Bid is for Tempe Union High 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. Members “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 school district/public entities would negotiate service with successful bidders using the bid pricing specified herein. No volume is implied or guaranteed.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION FOR BID.

Name: Erica Edelstein, Buyer

Date: Monday, July 27, 2026

Email: eedelstein@tuhsd.k12.az.us*

*Although contact information is provided, all questions must be submitted through the portal.

https://procurement.opengov.com/portal/tuhsd

This document originated at https://procurement.opengov.com/portal/tuhsd

COOPERATIVE PURCHASING

COOPERATIVE PURCHASING

This solicitation is being done by Tempe Union High 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 offeror. 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 July 10, 2025.

1. Municipalities

City of Apache Junction

City of Avondale

City of Benson

City of Bisbee

City of Bullhead City

City of Casa Grande

City of Chandler

City of Coolidge

City of Cottonwood

City of Douglas

City of El Mirage

City of Eloy

City of Flagstaff

City of Glendale

City of Globe

City of Goodyear

City of Holbrook

City of Kingman

City of Litchfield Park

City of Maricopa

City of Mesa

City of Nogales

City of Page

City of Peoria

City of Phoenix

City of Prescott

City of Safford

City of San Luis

City of Scottsdale

City of Sedona

City of Show Low

City of Sierra Vista

City of Somerton

City of Surprise

This document originated at https://procurement.opengov.com/portal/tuhsd

City of Tempe

City of Tolleson

City of Tucson

City of Willcox

City of Williams

City of Winslow

City of Yuma

Lake Havasu City

Town of Buckeye

Town of Camp Verde

Town of Carefree

Town of Cave Creek

Town of Chino Valley

Town of Clarkdale

Town of Clifton

Town of Eagar

Town of Florence

Town of Fountain Hills

Town of Gila Bend

Town of Gilbert

Town of Guadalupe

Town of Huachuca City

Town of Marana

Town of Miami

Town of Oro Valley

Town of Paradise Valley

Town of Prescott Valley

Town of Queen Creek

Town of Sahuarita

Town of Springerville

Town of Superior

Town of Wickenburg

2. Counties

Apache County

Cochise County

Coconino County

Gila County

Graham County

La Paz County

Maricopa County

Mohave County

Navajo County

Pima County

Pinal County

Santa Cruz County

Yavapai County

Yuma County

3. Higher Education / Technology Districts

Arizona Western College

Central Arizona College

Central Arizona Valley Institute of Technology (CAVIT)

This document originated at https://procurement.opengov.com/portal/tuhsd

Cobré Valley Institute of Technology (CVIT)

Cochise County Community College District

Coconino County Community College District

Dinè College

East Valley Institute of Technology (EVIT)

Embry-Riddle Aeronautical University

Gila County Provisional Community College District

Gila Institute for Technology, a Joint Technology Education District (JTED)

Graham County Community College District

Kingman Academy of Learning

Maricopa Community College District

Midwestern University (Glendale campus)

Mohave Community College

Mountain Institute 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

Southwest Technical Education District of Yuma

University of Arizona

Western Arizona Vocational Education (W.A.V.E.), a Joint Technology Education District #50

Yavapai College

4. Political Agencies

Arizona School for the Deaf and the Blind

Arizona Supreme Court

Central Arizona Project

Court of Appeals, Division One

Housing Authority of Maricopa County

Maricopa Association of Governments

Maricopa Integrated Health System

Mountain Lion (formerly NAIPTA)

Northern Arizona Council of Governments (NACOG)

Regional Transportation Authority (RTA)

Superior Court of Arizona, Maricopa County

Tucson Airport Authority

Valley Metro Regional Public Transit Authority

Phoenix-Mesa Gateway Airport Authority

5. Fire Districts

Arizona Fire and Medical Authority (Sun City West Fire District, Sun Lakes Fire District, Tonopah Fire District, Wittmann Fire

District)

Central Yavapai Fire District

Copper Canyon Fire District

Drexel Heights Fire District

Golder Ranch Fire District

Mt. Lemmon Fire District

Northern Arizona Fire District

Northwest Fire District

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Superstition Mtn Community Facilities District

Three Points Fire District

Tubac Fire District

Verde Valley Fire District

6. Misc. Agencies

Central Arizona Water Conservation District (CAWCD)

Coconino County Flood Control District

Community Hospital Association dba Wickenburg Community Hospital

Metropolitan Domestic Water Improvement District

North Country Community Health Center

Northern Gila County Sanitary District

Pima County School Reserve Fund

Pine-Strawberry Water Improvement District

Western Arizona Council of Governments

7. 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

Bicentennial Union High School District #76

Bisbee Unified School District #2

Blue Ridge Unified School District #32

Bonita School District #6

Bouse Elementary School District

Buckeye Elementary School District #33

Buckeye Union High School District #201

Bullhead City School District #15

Camp Verde Unified School District #28

Canon School District

Cartwright Elementary School District #83

Casa Blanca Middle School dba Vah Ki Middle School

Casa Grande Elementary School District

Casa Grande Union High School District

Catalina Foothills Unified School District #16

Cave Creek Unified School District #93

Cedar Unified School District #25

Chandler Unified School District # 80

Chinle Unified School District #24

Chino Valley Unified School District #51

Clarkdale-Jerome School District #3

Cochise County Accommodation School District Coconino County Regional Accommodation District #99

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Colorado River Union High School District

Concho Elementary School District #6

Continental Elementary School District #39

Coolidge Unified School District #21

Cottonwood-Oak Creek School District #6

Crane Elementary School District # 13

Creighton School District #14

Deer Valley Unified School District #97

Double Adobe Elementary School District #45

Douglas Unified School District #27

Duncan Unified School District

Dysart Unified School District # 89

Elfrida Elementary School District #12

Eloy Elementary School District #11

Flagstaff Unified School District # 1

Florence Unified School District # 1

Flowing Wells Unified School District #8

Fort Huachuca Accommodation School District

Fort Thomas Unified School District #7

Fountain Hills Unified School District #98

Fowler Elementary School District #45

Gadsden Elementary School District # 32

Ganado Unified School District #20

Gila Bend Unified Schools

Gilbert Unified School District #41

Glendale Elementary School District #40

Glendale Union High School District

Globe Unified School District #1

Grand Canyon Unified School District #4

Hackberry Elementary School District #3

Heber-Overgaard Unified School District #6

Higley Unified School District #60

Holbrook Unified School District #3

Hopi Junior Senior High School

Horizon Community Learning Center / Horizon

Charter School

Humboldt Unified School District #22

Hyder Elementary School District #6

Indian Oasis-Baboquivari School District #40

Isaac Elementary School District # 5

J.O. Combs Elementary School District #44

Joseph City Unified School District #2

Kayenta Unified School District #27

Kin Dah Lichi’I’ Olta, Inc.

Kingman Unified School District #20

Kyrene Elementary School District #28

Lake Havasu Unified School District # 1

Laveen Elementary School District #59

Liberty Elementary School District #25

Litchfield Elementary School District #79

Littlefield Unified School District #9

Littleton Elementary School District #65

Madison Elementary School District #38

Maine Consolidated School District

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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

McNary Elementary School District

Mesa Unified School District # 4

Miami Unified School District #40

Mingus Union High School District #4

Mobile Elementary School District #86

Mohave Valley Elementary School District #16

Mohawk Valley School District # 17

Morenci Unified School District #18

Morristown Elementary School District #75

Murphy Elementary School District #21

Naco Unified School District #9

Nadaburg Elementary District #81

Nogales Unified School District # 1

Oracle School District

Osborn Elementary School District #8

Page Unified School District #8

Palominas Elementary School District #49

Palo Verde Elementary School District #49

Paradise Valley Unified School District #69

Parker Unified School District #27

Patagonia Elementary School District #6

Patagonia Union High School District #92

Payson Unified School District #10

Peach Springs Unified School District #8

Pendergast School District #92

Peoria Unified School District #11

Phoenix Elementary School District # 1

Phoenix Union High School District #210

Picacho Elementary School District #33

Pima Unified School District #6

Pine Strawberry Elementary School District #12

Pinon Unified School District #4

Pomerene Elementary School District #64

Prescott Unified School District #1

Quartzsite Elementary School District #4

Queen Creek Unified School District # 95

Ray Unified School District #3

Red Mesa Unified School District #27

Red Rock Elementary School District #5

Riverside Elementary School District #2

Roosevelt Elementary School District #66

Round Valley Unified School District #10

Sacaton Elementary School District #18

Saddle Mountain Unified School District #90

Safford Unified School District #1

Sahuarita Unified School District #30

San Carlos Unified School District #20

Sanders Unified School District #18

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San Simon Unified School District #18

Santa Cruz Valley Unified School District #35

Santa Cruz Valley Union High School District #840

Scottsdale Unified School District # 48

Sedona-Oak Creek Unified School District #9

Seligman Unified School District #40

Sentinel Elementary School District #71

Shonto Preparatory Schools

Show Low Unified School District #10

Sierra Vista Unified School District # 68

Snowflake Unified School District #5

Somerton Elementary School District #11

Sonoita Elementary School District #25

Stanfield Elementary School District #24

St. David Unified School District #21

St. Johns Unified School District

Sunnyside Unified School District #12

Superior Unified School District #15

Tanque Verde Unified School District #13

Tempe Elementary School District # 3

Tempe Union High School District # 213

Thatcher Unified Schools

Toltec Elementary School District #22

Tolleson Elementary School District #17

Tolleson Union High School District # 214

Tombstone Unified School District #1

Tuba City Unified School District #15

Tucson Unified School District

Union Elementary School District #62

Vail Unified School District #20

Valley Union High School District #22

Vernon Elementary School District

Washington Elementary School District # 6

Wellton Elementary School District #24

West-MEC District #402

Whiteriver Unified School District #20

Wickenburg Unified School District #9

Willcox Unified School District

Williams Unified School District #2

Wilson Elementary School District #7

Window Rock Unified School District #8

Winslow Unified School District #1

Young Public-School District

Yuma Elementary School District # 1

Yuma Union High School District # 70

8. Survey Information

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 survey conducted by the lead agency. The annual estimated expenditure for each district is listed for the convenience of the Bidders. All amounts listed are estimates; no volume shall be implied or guaranteed.

Below is the contact information and estimated quantity for each member of SAVE who participated in the survey. These estimates are based on past purchases. However, no quantity is guaranteed. Other members of SAVE may also purchase under any contract awarded through this solicitation.

This document originated at https://procurement.opengov.com/portal/tuhsd

School District Estimated Annual Expenditure

Agua Fria Union High School District $90,000.00

Alhambra Elementary School District $30,000.00

Cartwright School District $5,000.00

Cave Creek Unified School District $35,000.00

Chandler Unified School District $50,000.00

Creighton Elementary School District $15,000.00

Deer Valley Unified School District $50,000.00

Dysart Unified School District $60,000.00

Fowler Elementary School District $80,000.00

Gilbert Public Schools $85,000.00

Glendale Elementary School District $25,000.00

Higley Unified School District $50,000.00

Humboldt Unified School District $50,000.00

J.O. Combs Unified School District $30,000.00

Kyrene School District $80,000.00

Littleton Elementary School District $75,000.00

Madison Elementary School District $10,000.00

Marana Unified School District $50,000.00

Pendergast Elementary School District $35,000.00

Peoria Unified School District $100,000.00

Phoenix Union High School District $100,000.00

Tempe Elementary School District $25,000.00

Tempe Union High School District $50,000.00

Washington Elementary School District $50,000.00

$1,230,000.00

This document originated at https://procurement.opengov.com/portal/tuhsd

BID TIMELINE

The following evaluation schedule is tentative:

Release Project Date: July 27, 2026

Question Submission Deadline: August 13, 2026, 4:00pm

Bid Submission Deadline: August 28, 2026, 2:00pm

Bid Opening (Virtual): August 28, 2026, 2:00pm

Anticipated Board Approval Date (Tentative): September 16, 2026

This document originated at https://procurement.opengov.com/portal/tuhsd

UNIFORM INSTRUCTIONS TO BIDDERS

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 or Offeror to submit as part of the Offer.

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

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

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

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

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

G. “Subcontract” means any Contract, express or implied, between the 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 or Offeror to examine the entire Solicitation, seek clarification in writing, and check its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for withdrawing the Offer after the due date and time nor shall it give rise to any Contract claim.

B. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Bidder or Offeror shall not contact or direct inquiries concerning this Solicitation to any other employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact.

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

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

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

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

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

Amendment may result in rejection of the Offer.

G. Pre-Offer Conference. If a Pre-Offer Conference has been scheduled under this Solicitation, the date, time, and location appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder or Offeror should raise any questions it may have about the Solicitation or the procurement at that time. A Bidder or Offeror may not rely on any verbal responses to

This document originated at https://procurement.opengov.com/portal/tuhsd 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. Offer Preparation

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

B. Typed or Ink; Corrections. The Offer should be typed or in ink. Erasures, interlineations or other modifications in the Offer should be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under A.A.C. R7-2-1030.

C. Evidence of Intent to be Bound. Failure to submit verifiable evidence of intent to be bound, such as an original signature, shall result in rejection of the Offer.

D. Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted on the Deviations and

Exceptions page in which the Bidder or Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder's or Offeror's preprinted or standard terms will not be considered as a part of any resulting Contract. All exceptions that are contained in the

Offer may negatively affect the Offer evaluation criteria as stated in the Solicitation or result in rejection of the offer.

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

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

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

H. Federal Excise Tax. School Districts/Public Entities are exempt from Federal Excise Tax on manufactured goods. Exemption

Certificates will be prepared upon request.

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

J. Identification of Taxes in Offer. School Districts/Public Entities are subject to all applicable state and local transaction privilege taxes. If Arizona resident Bidders or Offerors do not indicate taxes on a separate item in the Offer, the School

District/Public Entity will conclude that the price(s) offered includes all applicable taxes. At all times, payment of taxes and the determination of applicable taxes and rates are the sole responsibility of the Bidder or Offeror.

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

This document originated at https://procurement.opengov.com/portal/tuhsd 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 Terms and Conditions;

3. Uniform General Terms and Conditions;

4. Scope of Work/Specifications;

5. Attachments;

6. Exhibits;

7. Special Instructions to Bidders or Offerors;

8. Uniform Instructions to Bidders or Offerors

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

4. Submission of Offer

A. Electronic Submission. If determined by the District that electronic submission of Offers is advantageous, the District will include the electronic submission requirements as well as if the electronic submission is mandatory or optional in the Special

Instructions, Terms and Conditions section of the solicitation. Unless otherwise instructed, a facsimile or electronically submitted Offer shall be rejected.

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

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

District/Public Entity. Offers shall be open to public inspection after Contract award, except for such Offers deemed to be confidential by the School District/Public Entity pursuant to A.A.C. R7-2-1006. If a Bidder or Offeror believes that information in its Offer contains confidential trade secrets or other proprietary data not to be disclosed as otherwise required by A.R.S. § 39-121, a statement advising the school district of this fact shall be provided on the Confidential/Proprietary

Submittals page and the information shall be so identified wherever it appears. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

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

Bidder or Offeror certifies that:

1. The prices have been arrived at independently, without consultation, communication or Agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or Offeror or with any competitor;

the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or

Offeror or to any competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, an Offer for the purpose of restricting competition. It did not involve collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and

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

4. By submission of this offer, 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 offer, that Bidder or Offeror has taken steps and exercised due diligence to ensure that Bidder or

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

5. Additional Offer Information

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

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

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

D. Disqualification. An Offer from a Bidder or Offeror who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.

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

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

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

1. Waive any minor informality;

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

3. Cancel a solicitation.

6. Award

A. Number or Types of Awards. Where applicable, the School District/Public Entity reserves the right to make multiple awards or to award a Contract by individual line items, by a group of line items, by an incremental award or by Region, as indicated

This document originated at https://procurement.opengov.com/portal/tuhsd within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders or Offerors that the School District/Public Entity determines is necessary to meet the needs of the School District/Public Entity.

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

C. Effective Date. The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and

Acceptance Form or other official contract form, unless another date is specifically stated in the Contract.

D. Final Acceptance. Final acceptance for each participating School District/Public Entity 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 A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the District Representative as listed in the Special Instructions to Bidders or Offerors.

A. 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 the District representative.

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

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

E. The interested party may file a written request for an extension of the time limit for protest filing. The written request for an extension shall be filed with the District Representative before the expiration of the time limit and shall set forth good cause as to the specific action or inaction of the school district that resulted in the interested party being unable to file the protest within the 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.

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UNIFORM GENERAL TERMS AND CONDITIONS

1. Contract Intepretation

A. Arizona Law. The law of Arizona applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona Revised Statutes (A.R.S.) § 15-

213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, Articles 10 and 11.

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

Contract as if fully stated in it.

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

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

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

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

2. Contract Administration and Operation

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

B. Non-Discrimination. The Contractor shall comply with State Executive Order No. 99-4, 2000-4 and all other applicable

Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

C. Audit. Pursuant to A.R.S. § 35-214 at any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the School District/Public Entity and, where applicable, the Federal Government, 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/Public Entity 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/Public Entity determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by the School District/Public Entity for testing and inspection.

E. Notices. Notices to the Contractor required by this Contract shall be made by the School District/Public Entity to the person indicated on the Offer and Acceptance Form submitted by the Contractor unless otherwise stated in the Contract. Notices to the School District/Public Entity 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.

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G. Property of the School District/Public Entity. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the School District/Public Entity. 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/Public Entity.

3. Costs and Payments

A. Payments. Payments shall comply with the requirements of A.R.S. § 35-342 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the School

District/Public Entity 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/Public Entity. The School District/Public Entity will pay only the rate and/or amount of taxes identified in the Offer and in any resulting Contract.

2. State and Local Transaction Privilege Taxes. The School District/Public Entity 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/Public Entity 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/Public Entity.

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/Public Entity 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/Public Entity 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 or 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.

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

C. Indemnification - Patent and Copyright. To the extent permitted by A.R.S. § 41-621 and § 35-154, the Contractor shall indemnify and hold harmless the School District/Public Entity 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/Public

Entity of materials furnished or work performed under this Contract. The School District/Public Entity shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.

D. Force Majeure.

1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.

Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes;

mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.

2. Force Majeure shall not include the following occurrences:

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

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

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

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

Contract.

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

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

Contractor toward fulfillment of this Contract

6. Warranties

A. Liens. The Contractor warrants that the…