Request For Quote

State of Arizona Department of Corrections

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

85132

Solicitation No: BPM001467

An Equal Employment Opportunity Agency

Available online at https://app.az.gov/

Description:

In accordance with A.R.S 41-2535, The Arizona Department of Corrections (“DOC”) invites offers from qualified firms to providing and deliver a Hydraplate Bread Pan Oiler for ACI Bakery located within ASPC Eyman at Florence Arizona.

Offer Submission, Due Date and Time: See APP, Setup Tab for opening Due Date and Time

Offerors responding to the solicitation shall submit the Offer electronically through the State’s eProcurement system, Arizona Procurement Portal (APP) (https://appstate.az.gov). The due date and time is indicated in APP as the Bid Opening Date. Late submittals will not be considered. Offers received by the due date and time will be electronically opened. Offers submitted outside of APP, and/or those that are received after the exact offer due date and time, shall be rejected.

To assist in the submission of an offer, assistance is available through the APP Help Desk. The Help Desk can be contacted via email at app@azdoa.gov or via telephone support at (602) 542-7600. Offerors are encouraged to submit any requests for assistance in a timely manner in order to meet the bid due date and time identified in APP.

OFFERORS ARE STRONGLY ENCOURAGED TO DOWNLOAD AND CAREFULLY READ THE SOLICITATION

DOCUMENTS IN THEIR ENTIRETY BEFORE COMPLETING/SUBMITTING AN OFFER

Solicitation Contact Person:

Vicki Fitzpatrick CPPB, Purchasing Manager Arizona Correctional Industries Phone 602-447-3115: Email vfitzpat@azadc.gov https://appstate.az.gov/ mailto:vfitzpat@azadc.gov

Table Of Contents

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Solicitation Documents

Notice Page

Table of Contents

Scope of Work/Specifications Section

Special Terms and Conditions Section

Exhibits EXHIBIT A, Sample Insurance Form

Uniform Terms and Conditions Incorporated herein by reference; Full text version available for viewing/downloading at www.spo.az.gov, in the procurement document section.

Uniform Instructions to Offerors

Incorporated herein by reference; Full text version available for viewing/downloading at www.spo.az.gov, in the procurement document section.

Special Instructions to Offerors Section

Attachments

ATTACHMENT 1, Offer and Acceptance form

ATTACHMENT 2, Designation of Confidentiality and Trade Secrets form

ATTACHMENT 3, Participation in Boycott of Israel form

ATTACHMENT 4, Rules for non-employees of Department of Corrections in Arizona State Prison Complexes Form http://www.spo.az.gov/

Scope of Work/Specification Section

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

1 Introduction/Project Summary:

This solicitation is to provide and deliver a Hydraplate Bread Pan Oiler. Built to our specifications in accordance with the terms, conditions, specifications/scope of work contained herein including any amendments thereto that may be issued in APP before the solicitation due date.

1.1 Delivery Location:

Arizona Correctional Industries Attention: Alan Wesley 4374 E. Butte Avenue, Florence, Arizona 85132

2 Scope of Work/Specifications: Contractors shall:

2.1 Furnish all labor, materials, equipment, permits, transportation, services, certifications, insurance, travel, per diem, and all other items of expense required to complete the scope of work/specifications contained herein;

2.2 Deliver the new equipment at the designated area.

2.3 Upon completion of work, remove all materials/debris from the jobsite and return the jobsite to it pre work condition.

3 Equipment:

3.1 Burford Hydraplate Bread Pan Oiler Model 7100-3PLC-Left Hand or equivalent:

3.1.1 PLC Controlled

3.1.2 3 nozzle spray head assembly

3.1.3 Locking swivel casters

3.1.4 Precise oil quantity control

3.2 Model MC7000 Mist Collector 7000 Series Oilers or equivalent:

3.3 03-SLS-550 Assembly, Disconnect Box, Arc Flash

Special Terms and Conditions

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

1. Authority To Contract:

This contract is issued under the authority of the Department of Correction’s (“DOC”) Chief Procurement Officer (“CPO”). No alteration of any portion of the contract, any items or services awarded, or any other agreement that is based upon this contract may be made without express written approval of the DOC CPO or his/her delegated/authorized designee in the form of an official contract amendment. Any attempt to alter any documents contained herein by the contractor is a violation of the contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of, but not limited to, contract termination, suspension and/or debarment of the contractor.

2. Uniform Terms and Conditions Incorporated by Reference:

The State of Arizona's Uniform Terms and Conditions are part of the contract as if fully set forth herein. A full text version of Uniform Terms and Conditions is available for viewing/downloading at

3. Eligible Agency:

Contract shall be for the exclusive use of the Arizona Department of Corrections.

4. Contract Type:

Fixed Price one-time purchase contract.

5. Contract Term:

The contract shall commence upon award or as specified in the award document(s) and shall remain in full force and effect until completion of all work specified and all products are delivered in accordance with scope or work/specification sections, terms and conditions and final acceptance and buyoff is made by DOC, unless terminated, canceled, or extended as otherwise provided herein.

6. FOB Destination:

Contract shall be F.O.B. Destination to the delivery location specified herein. Contractor shall retain title and control of all goods until they are delivered, received and contract coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the contractor. All claims for visible and concealed damage shall be filed by the contractor. The State will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for inspection.

7. Award:

The State reserves the right to make multiply awards or to award a Contract by line items, whichever is more advantageous to the State.

8. Ordering Process:

DOC may purchase the specific materials and/or services contractually covered through a contract

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at direct release purchase order(s) issued by DOC to the Contractor. No work shall be performed and/or products delivered without a duly authorized/issued purchase order(s).

Any attempt to represent any material and/or service not specifically awarded under contract with the State of Arizona is a violation of the contract and the Arizona Procurement Code. Any such action is subject to all legal and contractual remedies available to the state inclusive of, but not limited to, contract termination, cancellation, suspension and/or debarment of the contractor.

8. Time of Completion:

Contractors work shall be completed within 60 calendar days of receipt notice to proceed, issuance of a contract direct release purchase order, or as mutually agreed upon or amended in writing between the contractor and DOC.

9. Serial Numbers:

Should the contracted product(s) contain OEM serial numbers, the product(s) shipped shall have OEM serial numbers that have not been altered in any way. DOC reserves the right to reject any altered equipment.

10. Billing/Invoicing:

All billing notices or invoices shall, at a minimum include the contract number, the contracted payment terms, the purchase order/contract release order number, material or product numbers, nomenclatures, quantities and contract pricing.

11. Payments:

DOC shall process invoices for payment in accordance with the standard operating procedures of the state. All payments shall be made in arrears.

12. Protection of DOC Buildings, Adjacent Structures, Equipment, Grounds and Vegetation::

Contractor shall use reasonable care to avoid damaging existing buildings, adjacent structures, equipment, grounds and vegetation at the jobsite during the term of the contract. All contractor caused damage shall be repaired or replaced immediately or as mutually agreed upon by the contractor and DOC. Repairs and/or replacements shall be subject to approval by DOC. All costs associated with the repair and/or replacement of contractor caused damage shall be borne by the contractor.

Should the contractor fail or refuse to make such repairs or replacements within established time frames and or to the satisfaction of DOC, the contractor shall be subject to all legal and contractual remedies available to DOC inclusive of, but not limited to, deduction of repair cost from the contract price, contract termination, suspension and/or debarment.

13. Safety Standards and Contractor Policies:

Contractor shall comply with all federal, state, and local laws in effect for conducting its business

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at during the term of the contract. Additionally the contractor shall maintain policies and procedures relating to fire safety and other safety issues during the term of the contract. The contractor shall make all such policies and procedures available DOC for inspection upon request. Failure to maintain such policies and procedures or failure to make them available to DOC for inspection may result in contract termination.

14. Indemnification Clause:

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

15. Insurance, Endorsement, Condition Requirements; Time of Compliance:

Contractor shall not perform any work under the contract until it has secured and complied with all minimum insurance, endorsements and condition requirements specified herein and that is has furnished a certificate of insurance form as required by the contact to DOC Procurement.

Additionally, contractor shall not allow any subcontractor to perform any work on any subcontract until said subcontractor has secured/complied with all minimum insurance, endorsements and condition requirements specified herein and that is has furnished a certificate of insurance form as required by the contact to DOC Procurement through the contractor. Contractor and any subcontractor shall also comply with and maintain all insurance and condition requirements at the levels specified for the entire term of the contract.

Properly executed certificates of insurance shall be received by DOC Procurement within 3 days after receipt of a contingency award letter and/or as mutually agreed upon in writing between

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at contractor and DOC Procurement. Non-compliance to this section and/or failure to maintain insurance coverage during the entire contract term shall be treated as a material breach therefore may result in contract termination.

16. Insurance Requirements:

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

Minimum Scope and Limits of Insurance:

Contractor shall provide coverage with limits of liability not less than those stated below.

Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

Workers’ Compensation and Employers' Liability

Workers' Compensation Statutory

Employers' Liability o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o Disease – Policy Limit $1,000,000

c. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

d. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41- 621 (E).

Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the

Contract, proof from the Contractor that its subcontractors have the required coverage.

Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

17. Defective Materials and Products:

All defective materials or products shall be replaced and exchanged by the contractor. All costs associated with replacement, including but may not be limited to re-packaging, and shipping of the defective materials or products back to the contractor, and all replacement costs as specified herein shall be borne by the contractor. All replacement products must be received by DOC within 30 days of initial notification or as mutually agreed upon in writing by DOC and the contractor.

18. Warranty (12 Months – Minimum):

All products/equipment supplied under this contract shall be fully guaranteed by the contractor for a minimum period of 12 months from the date of acceptance by DOC. Any defects of design, workmanship, or materials that would result in non-compliance with the contract shall be fully corrected by the contractor (including parts and labor) without cost to the state. The written warranty shall be included with the delivered products/equipment to DOC.

19. I.T. 508 Compliance:

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this contract shall comply with A.R.S. §41-2531 and §41-2532 and Section 508 of the Rehabilitation Act of 1973, which required that employees and members of the public shall have access to and use information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

20. Jobsite Security/Screening Requirements:

Contractor shall, within forty-eight (48) hours of deployment to the jobsite supply the full names, dates of birth and social security numbers for all proposed contract personnel and subcontract personnel designated to work “on-site. This information shall be submitted to Mr. Alan Wesley at 602-388-7231 for security clearance. Contractor shall perform all work in conjunction with the DOC Security Unit while on the institutional grounds and shall be responsible for all personnel employed by their firm to ensure that institutional dress codes and overall policies are followed.

21. Jobsite Tool and Tool Inventory:

Department Order #712, includes requirements for Tool and Tool Inventory. Vehicles and personnel carrying tools are required to have daily inventory sheets available during entry and exiting inspections.

22. Confidentiality of Records:

The contractor shall establish and maintain procedures and controls, that are acceptable to DOC for the purpose of assuring that no information contained in its records or obtained from DOC or from others in carrying out its functions under the contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract.

Persons requesting such information should be referred to the DOC. The contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of the contractor as needed for the performance of duties under the Contract, unless otherwise agreed to upon in writing by DOC.

23. Contraband:

Contraband means any dangerous drug, narcotic drug, intoxicating liquor or any kind, deadly weapon, dangerous instrument, explosive or any other article whose use of or possession would endanger the safety, security or preservation of order in a correctional facility or any person therein. (Any other article includes any substance which could cause abnormal behavior, i.e., marijuana, nonprescription medications, etc.)

Promoting prison contraband A.R.S. § 13-2505:

A person, not otherwise authorized by law, commits promoting prison contraband:

By knowingly taking contraband into a correctional facility or the grounds of such a facility; or

By knowingly conveying contraband to any persons confined in a correctional facility; or

By knowingly making, obtaining, or possessing contraband while being confined in a correctional facility.

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Promoting Prison Contraband is a Class 5 felony.

Authority A.R.S. § 13-2501 A.R.S. § 13-2505 DOC Department Order 708

24. Notice and Warning:

Any person who takes into or out of or attempts to take into or out of a correctional facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically authorized by the correctional facility, shall be prosecuted under the provisions of the Arizona Revised Statues.

All persons, including, employee and visitors, entering upon these confines are subject to routine searches of their persons, vehicles, property of packages.

Authority A.R.S. §13-2501:

A.R.S. §13-2505 ADC Department Order 708

25. Government Procurement E-Verify Requirements A.R.S. § 41-4401:

The Contractor and/or any and all subcontractors under this contract warrants compliance with all Federal Immigration laws and regulations relating to their employees and their compliance with section A.R.S. § 23-214, Subsection A. Full text versions of all applicable Arizona Revised Statutes are available for viewing/downloading at www.azleg.gov.

25.1. A breach of a warranty under the above titled paragraph shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.

25.2. The state retains the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under the lead paragraph.

26. Unlawful Sexual Conduct:

A person – who is employed by the State Department of Corrections or the Department of Juvenile Corrections; is employed by a private prison facility or a city or county jail; Contracts to provide services with the State Department of Corrections, the Department of Juvenile Corrections, a private prison facility or a city or county jail; is an official visitor, volunteer or agency representative of the State Department of Corrections, the Department of Juvenile Corrections, a private prison facility or a city or county jail – commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the State Department of Corrections, the Department of Juvenile Corrections, a private prison facility or a city or county jail or with an offender who is under the supervision of either Department or a city or county.

26.1. This section does not apply to a person who is employed by the State Department of

Corrections, a private prison facility or a city or county jail or who Contracts to provide

Department of Corrections 1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at services with the State Department of Corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the State Department of Corrections or was incarcerated in a city or county jail.

26.2. Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.

26.3. Unlawful sexual conduct; correctional facilities; classification; Definition A.R.S. §13-1419.

27. Federal Prison Rape Elimination Act 2003:

The contractor shall comply with the Federal Prison Rape Elimination Act of 2003.

Exhibit A

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

PRODUCER COMPANIES AFFORDING COVERAGE CURRENT

A.M. BEST

RATING

A

INSURED B

C

D

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

CO

LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

(,000)

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

OCCURRENCE CLAIMS MADE

OWNER'S & CONTRACTOR'S PROT.

PER PROJECT

PRODUCT/COMPLETED

OPERATIONS

GENERAL AGGREGATE

PRODUCTS-COMP/OP AGG.

PERSONAL & ADV. INJURY

EACH OCCURRENCE

FIRE DAMAGE(ANY ONE FIRE)

MED.EXPENSE(ANY ONE PERSON)

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE LIMIT

BODILY INJURY

(PER PERSON)

BODILY INJURY

(PER ACCIDENT)

PROPERTY DAMAGE

PROFESSIONAL LIABILITY

TYPE ___________________________

CLAIMS MADE OCCURRENCE

EACH OCCURRENCE

AGGREGATE

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE

AGGREGATE

WORKERS' COMPENSATION

AND

EMPLOYER'S LIABILITY

STATUTORY LIMITS

EACH ACCIDENT

DISEASE-POLICY LIMIT

DISEASE-EACH EMPLOYEE

BUILDERS RISK

OTHER:

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS:

STATE OF ARIZONA AND THE STATE AGENCY NAMED BELOW ARE ADDED AS ADDITIONAL INSUREDS. IT IS AGREED THAT

COVERAGES AFFORDED UNDER THE POLICIES CERTIFIED IN THIS CERTIFICATE SHALL BE PRIMARY AND ANY INSURANCE OR SELF-

INSURANCE PROGRAM CARRIED BY THE STATE OR ANY OF ITS AGENCIES, BOARDS, DEPARTMENTS OR COMMISSIONS SHALL BE

EXCESS AND NOT CONTRIBUTORY INSURANCE TO THAT PROVIDED BY THE NAMED INSURED.

IT IS FURTHER AGREED THAT NO POLICY SHALL EXPIRE, BE CANCELED OR MATERIALLY CHANGED TO AFFECT THE COVERAGE AVAILABLE TO THE STATE WITHOUT THIRTY (30) DAYS WRITTEN NOTICE TO THE STATE. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.

CERTIFICATE HOLDER/ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY

State of Arizona Arizona Department of Corrections Administrative Services Division, Procurement Services Bureau Mail Code 55302 1645 W Jefferson St, Phoenix, AZ 85007

SIGNATURE

DATE:_______________________________________________________________________

http://www.bing.com/local?lid=YN63x450854&id=YN63x450854&q=Arizona+Department+of+Corrections&name=Arizona+Department+of+Corrections&cp=33.4465026855469%7e-112.094749450684&ppois=33.4465026855469_-112.094749450684_Arizona+Department+of+Corrections&FORM=SNAPST

Special Instructions to Offerors

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

1. Inquiries:

All questions related to the solicitation shall be submitted through Arizona Procurement Portal. Any other contact shall be directed to the Procurement Officer identified in the Arizona Procurement Portal. Questions should reference the applicable page(s) and paragraph(s) number.

2. Brand Name or Equivalent Specification Type:

Any manufacturer’s names, trade names, brand names or catalogue numbers used in the solicitation are done for the purpose of describing and/or establishing the quality, design and performance levels required by the State. Any such references are not intended to limit or restrict alternate materials or products from being offered, but rather are enumerated to specify the needs of the State. Any offer which proposes equal or better quality, design and performance materials or products will be considered. Acceptance of proposed alternate materials or products offered as equivalent to those specified shall be made at the sole discretion of the State.

Offered equipment shall be duly noted in the offer and be accompanied by manufacturer’s descriptive literature that is sufficient in detail to affirm compliance to the solicitation scope of word/specifications.

For the purposes of this solicitation, Descriptive Literature are those: Manufacturer’s specification sheets, technical publications, printed/posted product literature, engineering drawings, instruction or maintenance manuals, other published manufacturer’s literature or specific independent product publication information containing information that is sufficient in detail to affirm compliance to specifications/scope of work.

3. Correctional Facility Jobsite Location:

The jobsite location is in a secured correctional facility. Upon award of a contract, contractor and or contractor supplied sub-contract personnel shall be subject to all DOC rules, regulations, policies and procedures. Prospective Offerors should take this fact into consideration before submitting an offer.

4. Offer Submission in APP:

Offers shall be electronically submitted in an acceptable format(s) through APP. Submittal of offers by means other than through APP shall be rejected. Offers shall be submitted prior to the bid opening date and time specified in APP. Offers submitted after the bid opening date and time shall be rejected. Offers (bids) received under this solicitation will not be read at a public opening; however, the information may be publicly reviewed after contract award.

5. Offer Submittal Information:

Complete and submit all of the required information on the following attachments:

5.1. Attachment 1, Offer and Acceptance Form (SPO Form 203)

5.2. Attachment 2, Designation of Confidential, Trade Secret & Proprietary Information Form

5.3. Attachment 3, Participation in Boycott of Israel Form

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

5.4. Attachment 4, Rules for Non-Employees of Department of Corrections in Arizona State Prison

Compliance Form

Access to attachments along with the solicitation its entirety is done by clicking on the RFx Exhibits tab in APP, then clicking on individual file name links. Attachments should be downloaded, saved, completed, re-attached and submitted with the offer. Attachment documents are not fill-able.

Offerors may also submit any additional documentation needed to verify compliance with this section with its offer. These include, but may not be limited to, documentation, descriptive literature, client reference letters, written information, etc.

In the event that attachments 1 through 4 are not submitted with the offer, DOC, at its sole discretion may request submission of the completed form(s) after the bid opening date and time. If requested, the Offeror shall provide the completed form(s) within 3 days of notification or as specified in the written request. Failure to comply with the request within the stated timeframe may result in the offer being determined non-responsive, therefore not considered for award.

6. Evaluation Factors:

Offers shall be evaluated and awarded in accordance with the Arizona Procurement Code A.R.S. §41- 2535, Procurements not exceeding a prescribed amount.

Lowest Responsive Price

ADC may waive informalities and minor irregularities on offers received.

Tax rates shall not be used in evaluation.

7. Contract Award:

The agency chief procurement officer or delegated designee shall award a contract to the offer determined to be most advantageous to the state in accordance with the evaluation factors identified herein.

8. Uniform Instructions to Offerors Incorporated by Reference:

The State of Arizona's Uniform Instructions to Offerors are part of the solicitation as if fully set forth herein. Full text version of Uniform Instructions to Offerors is available for viewing/downloading at

12. Current Products:

All materials or products offered in response to this solicitation shall be in current and ongoing production; shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment; shall be capable of meeting or exceeding all specification/scope of work requirements set forth in the solicitation.

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

13. Definitions of Key Words and Acronyms used in the Solicitation:

13.7. Shall, Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in rejection of the offer as being non-responsive.

13.8. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, DOC may, at its sole option, ask the Offeror to provide the information or evaluate the bid without the information.

13.9. May: Indicates something that is not mandatory but permissible.

13.10. Bid: An offer in response to a solicitation, R2-7-101(10).

13.11. Bidder: An Offeror as defined in R2-7-101(34).

13.12. Bid Opening Date: The date and time that offers are due.

13.13. DOC: The Arizona Department of Corrections.

13.14. OEM: Original Equipment Manufacturer.

13.15. Prospective Offeror: a person that expresses interest in a solicitation, R2-7-101(40).

13.16. Small Business: A for-profit or not-for-profit organization, including its affiliates, with fewer than one hundred full-time employees or gross annual receipts of less than four million dollars for the last complete fiscal year (R2-7-101((48)).

Attachment 1

Offer and Acceptance Form

Department of Corrections

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

OFFER TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

By signature in the Offer section above, the Offeror certifies or declares:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

5. The Offeror is in compliance with all applicable governors’ executive orders as they may relate to the goods, service, or construction offered.

6. The Offeror and any or all proposed subcontractors have not been debarred, suspended, 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 government body.

7. The Offeror is in compliance with A.R.S. §§ 41−2532 as it may relate to the goods, service, or construction offered.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No. ____________________________________________________.

The effective date of the Contract is ____________________________________________________.

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contract release document or written notice to proceed.

Awarded this day of

DOC Chief Procurement Officer or delegated/authorized designee

ATTACHMENT 2

Designation of Confidentiality and Trade Secrets Form

State of Arizona Department of Corrections

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Confidentiality and Trade Secrets All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52). This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

R2-7-103. Confidential Information A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Company Name Signature of Person Authorized to Sign

Attachment 3

Participation in Boycott of Israel Form

1645 W. Jefferson Phoenix, AZ 85007

Solicitation No.: BPM001467 Description: Provide and deliver a Hydraplate Bread Pan Oiler for the ACI Bakery located within ASPC Eyman – Florence Arizona

Available online at

Unless and until the District Court's injunction in Jordahl v. Brnovich et al., Case No. 3:17-cv-08263 (D. Ariz.) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. 35-393.01 (A)) is unenforceable and the State will take no action to enforce it.

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S.

§35-393.01, this form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance.

As defined by A.R.S. §35-393.01:

1."Boycott" means engaging in a refusal to deal, terminating business activities or performing…