THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

BPM005438

Request for Proposal

REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL NO: BPM005438 DUE DATE: July 20, 2023 by3:00 P.M. MST.

In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials and services specified will be received by the Arizona Game and Fish Department (AZGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP) at https://app.az.gov .

Proposals received in APP by the due date and time will be opened. The name of each Offeror will be publicly available. Late proposals will not be considered. Proposals submitted outside of the APP system will be rejected.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR

PROPOSAL INCLUDING ALL DOCUMENTS LOCATED IN THE “RFX EXHIBITS” TAB OF

https://app.az.gov AS INCORPORATED HEREIN BY REFERENCE.

Branch: WILDLIFE MANAGEMENT DIVISION, HABITAT BRANCH

Material and/or Service: ACHAEOLOGICAL SERVICES TERM CONTRACT

Contract Type: FIXED PRICE

Contract Term: ONE YEAR EXTENDABLE UP TO A MAXIMUM OF 5 YEARS

NOTE: A PRE-BID CONFERENCE WILL NOT BE HELD FOR THIS SOLICITATION.

Procurement Contact:

Buyer: Elizabeth Burgard

Phone: (480) 617-3962

Fax: 623-236-7327

Email: eburgard@azgfd.gov

Date: 05-17-2023 https://app.az.gov/ https://app.az.gov/

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM005438

Table of Contents

Contents

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

INTRODUCTION AND BACKGROUND

SCOPE OF WORK

EVALUATION CRITERIA

INDEMNIFICATION AND INSURANCE

SPECIAL TERMS AND CONDITIONS

UNIFORM TERMS AND CONDITIONS

Additional documents located in the “RFX Exhibits” tab of APP are incorporated herein by reference.

INTRODUCTION AND BACKGROUND

Purchasing Office

Introduction and Background

1. INTRODUCTION

1.1 This document constitutes a Request for Proposal (RFP), via competitive sealed proposals from qualified individuals and organizations to perform the Scope of Work set forth herein.

1.2 For ease of use, this document includes the Introduction and Background and the Scope of Work, including indemnity and insurance requirements, Evaluation Criteria, Special Terms and

Conditions, Uniform Terms and Conditions and Exhibits if applicable. Additional documents located in the Solicitation in APP are included by reference.

1.3 The Arizona Game and Fish Department (AZGFD) is seeking qualified firms that demonstrate the appropriate expertise and experience to provide a complete array of professional archaeological/cultural resource services.

2. BACKGROUND

2.1 The AZGFD is part of the executive branch of Arizona state government. The agency’s mandates include managing Arizona’s wildlife resources, regulating watercraft use, and enforcing off-highway laws. As a state land-managing agency, the AZGFD’s activities are subject to cultural resource compliance under the Arizona Antiquities Act (ARS §41-841 et seq.) and the State

Historic Preservation Act (ARS §41-861- §41-864). Additionally, the agency’s activities include various projects that may involve Federal lands, funding, and/or permits, thus requiring the

AZGFD to ensure that projects are in compliance with the requirements of Section 106 of the

National Historic Preservation Act in partnership with various lead Federal agencies, including and especially the US Fish and Wildlife Service, as well as compliance with other cultural resource laws and regulations.

2.2 The AZGFD is seeking qualified archaeological/cultural resource contractors to provide a full array of on-call professional archaeological/cultural resource services, including but not limited to background (Class I), judgmental (Class II), and full-coverage (Class III) archaeological surveys; historic building and/or structure inventories and evaluations; flagging of archaeological sites/historic properties; cultural resource monitoring for various projects; the respectful recordation and recovery of human remains and associated grave goods encountered during construction activities, dealing with discovery situations, and other tasks as they may arise.

INTRODUCTION AND BACKGROUND

Purchasing Office

2.3 Projects occur statewide primarily on AZGFD properties, but may also occur on other land jurisdictions in Arizona, including but not limited to lands controlled and/or managed by: the

USDA Forest Service, the Bureau of Land Management, the Bureau of Reclamation, the National

Park Service, the US Fish and Wildlife Service, the Department of Defense, the Arizona State

Land Department, Arizona State Parks, private land, and local municipalities. The selected consultant must possess a current Arizona Antiquities Act-Non-Collection Blanket Permit and accompanying Repository Agreement, (both in good standing) as issued through the Arizona

State Museum (ASM). All work will be conducted under the terms and conditions of the consultant’s blanket permit, and must meet standards and requirements established by both ASM and Arizona Historic Preservation Office (SHPO). The selected contractor(s) must also hold or demonstrate the ability to acquire and maintain permits in good standing on the other various land jurisdictions. All work shall follow standards established in the ASM Procedures Manual; the

ASM Site Recording Manual; SHPO Standards for Documents Submitted for SHPO Review in

Compliance with State Historic Preservation Laws; ASM rules for implementing the Arizona

Antiquities Act, A.R.S. §41-861 et. Seq; and The Secretary of the Interior’s Standards and

Guidelines for Archaeology and Historic Preservation, and any other applicable rules and guidance required by ASM, SHPO, and other state, Federal and tribal land management agencies.

SCOPE OF WORK

Purchasing Office

Scope of Work

1. GENERAL REQUIREMENTS

AZGFD is requesting proposals for qualified firms that demonstrate the appropriate expertise and experience to provide a complete array of professional archaeological/cultural resource services in accordance with the

Request for Proposal.

2. SPECIFIC REQUIREMENTS

The Proposal submitted shall fully describe the method by which the offeror proposes to meet or exceed the requirements described in this RFP. This information shall be presented in the “Required Forms” document located in the RFx Exhibits tab in APP. Offerors can provide additional information in the “RFx Exhibits” tab of their offer in APP.

The Proposal shall include a one-page cover letter, plus a maximum of 10 pages to address the RFP evaluation criteria (excluding resumes but including any organization charts with key personnel and their affiliation).

Resumes for key personnel shall be limited to a maximum length of two pages and should be attached as an appendix to the RFP.

The Proposal documents must be electronically submitted on the State of Arizona Procurement Portal (APP) website (https://app.az.gov). Delivered, hand-carried or emailed submittals sent to the AZGFD will not be accepted. AZGFD reserves the right to accept or reject any and all Statements of Qualification.

Please be advised that failure to comply with the following criteria may be grounds for disqualification:

• Receipt of submittal by the specified cut-off date and time

• Adherence to maximum page requirement

Adherence to the maximum 10-page criterion is critical; each page side (maximum 8 1/2” x 11”) with criteria information will be counted. Pages that have project photos, charts, and graphs will be counted towards the maximum number of pages. Table of Contents pages and tabbed divider pages will not be counted if they do not contain submittal information.

2.1 Contractor Responsibilities

2.1.1 The selected consultants will be tasked with providing a full array of expert professional on-call archaeological/cultural resource services including but not limited to background (Class I), judgmental (Class II), and full-coverage (Class III) archaeological surveys; historic building and/or structure inventories and evaluations; flagging of archaeological sites/historic properties;

cultural resource monitoring for various projects; the respectful recordation and recovery of human remains and associated grave goods encountered during construction activities; and dealing with discovery situations. Consultant(s) must demonstrate expertise in prehistoric

Purchasing Office archaeology, historic archaeology, history, historic architecture, and ethnography. Consultant must have a familiarity with the cultural resource requirements for 404 permits from the Army

Corps of Engineers. Consultant must demonstrate experience in preparing Historic Property

Survey Reports, archaeological survey reports, Historic American Buildings Survey and Historic

Engineering Record reports. The consultant should describe their expertise in performing archaeological damage assessments and reports.

2.1.2 Work is conducted statewide. Consultant will be expected to have the personnel and capacity to do fieldwork anywhere in Arizona, and shall be prepared and have experience performing work under sometimes extreme environmental conditions.

2.1.3 The selected consultant must demonstrate successful and timely completion of projects of various scopes and scale in Arizona. Consultant shall provide a brief summary of their experience on least

3 projects which would demonstrate their expertise in successfully completing the types of cultural resource on-call projects that might be completed for the AZGFD, and should include:

project name, client name with contact information, role of consultant, location, project dates with original/actual timelines, original/actual budget and a brief description of services provided.

2.1.4 Preference will be given to consultants who demonstrate proficient knowledge and experience with prehistoric and historic resources of the entire state of Arizona. The SOQ response should provide adequate documentation to show knowledge and experience of prehistoric and historic archaeology in this area.

2.1.5 Consultant should list locations of all offices for consultants and sub-consultants anticipated to be involved in providing on-call services to the AZGFD. Please clearly identify which services will be provided in house and which services will be sub contracted.

2.1.6 Provide a summary of the experience and qualifications of each key team member, including sub-consultants.

2.1.7 Provide a discussion of your approach to executing projects of this nature. Identify any technical innovations that may be incorporated and/or innovative approaches that will be used in executing the work and explain how they would benefit AZGFD projects. Also discuss the particular expertise your consultant/ team offers and how you propose to use that expertise to benefit

AZGFD and add value to the projects. Please describe your experience and expertise in doing public outreach for cultural resource projects.

2.1.8 The selected consultant(s) must demonstrate adequate technological, physical (materials and equipment), and personnel resources for completing projects of various scales, from just a few acres up to thousands of acres. The consultant must also be able to produce exemplary mapping and other GIS products, and demonstrate they have trained, dedicated staff on-hand to create these products. Consultants should also describe their GPS capacity and staff experience for projects.

Consultants must demonstrate the ability to produce exemplary, professional-quality

Purchasing Office photographs, defined as photographs that are in-focus across the frame, that utilize appropriate scale bars as necessary, demonstrate an understanding of light, and where necessary include number/letter boards that are legible in the photos. All shape files and photos shall be provided to the AZGFD.

2.1.9 Subsequent to the initiation of Class III intensive pedestrian surveys, the consultant shall complete comprehensive background research that addresses a proper literature review for the project area

(Class I), a list of field methods implemented and a list of research questions relevant to the project area (Class III), and lastly the study results. Eligibility for inclusion in the Arizona Register of

Historic Places shall be provided for all identified cultural resources that include both graphic and descriptive justifications for the applied eligibility criteria and prehistoric context(s). The selected consultants shall be expected to check the Arizona State Museum’s Archaeological Records

Office as well as appropriate outside agency archives as necessary, in addition to standard AZSite and GLO checks.

2.1.10 The consultant must demonstrate the ability to produce high quality reports requiring an absolute minimum of review and that will be found adequate by the various agencies without significant changes or revisions. The selected contractor(s) should clearly describe their internal Quality

Assurance/Quality Control process to ensure that products are of the highest quality before being submitted to the AZGFD. All work products are expected to be adequately checked for grammar, spelling, and format prior to submittal to the AZGFD. Maps shall be clear and readable, and contain a legible appropriate key. Any environmental and/or biological information included in reports shall be appropriately referenced, prepared by a qualified professional in the field, and utilize standard references for that field, not simply general field guides.

2.1.11 The selected consultant(s) must demonstrate and will be expected to provide exemplary flexibility, responsiveness, and customer service. The selected consultant(s) shall demonstrate a commitment to a timely completion of work, including production of final reports, and shall ensure that the needs of the AZGFD are met in a timely fashion.

2.1.12 All cultural resource personnel should meet the Secretary of Interior’s Qualification Standards for archaeology (and/or history and/or historic architecture as appropriate), and should be

Registered Professional Archaeologists. The selected consultant(s) must demonstrate knowledge of an ability to make informed science-based recommendations of eligibility to the State and

National Registers of Historic Places. Consultants will be required to be familiar with the appropriate context statements that may apply to a given project, or may be required to develop a context for eligibility evaluation where none exists.

2.1.13 The selected consultant must provide a single point of contact (POC) who shall be responsible for coordinating directly with the AZGFD Cultural Resource Compliance Manager. The POC shall be generally available 24/7 via cell phone, text, and/or email as the need may arise.

Purchasing Office

2.1.14 Safety is a primary concern for the AZGFD. Contractors must describe their in-house safety training program, and what steps they take to ensure their personnel are safe in the field at all times.

2.1.15 Provide a complete and comprehensive breakdown of ALL costs, including research, curation, salaries of all personnel, direct and indirect costs (including supplies, travel, and per diem), a cost per acre to perform Class III survey, the cost to record an individual site, and the cost to prepare a final report. If necessary, a range of costs may be provided for each of these depending upon the size and complexity of a given project.

Consultants shall provide a cost to respectfully record and excavate an individual burial and a cremation and prepare for repatriation. Consultant shall prepare a list of hourly rates for dealing with discovery situations. Consultant must clearly outline all assumptions. Consultant must clearly outline all anticipated charges for per diem and other costs, including housing, food, vehicle, fuel, and other costs.

NOTE: Change orders for individual projects are not acceptable except in the case of a significant scope addition or change by the AZGFD.

2.2 Submission Requirements

2.2.1 Provide a detailed scope of work to complete the requested project oversight.

2.2.2 List locations of all offices for consultants.

2.2.3 Provide a Fee Schedule which shows line items that include estimated costs for each of the following (if applicable):

2.2.3.1 Pre-Production

Project Coordination: Project supervision; Internal meetings; external meetings with

Department project proponent(s) and CRCM, external meetings SHPO, ASM, if needed.

2.2.3.2 Production

Project supervision: Cost for as needed consultation with the Principal Investigator and

CRCM, SHPO, and ASM, as needed, during project implementation.

2.2.3.3 Post-Production

Artifact Curation: Estimated cost per cubic foot based on current ASM pricing.

Report Review: Report review and quality control.

Report Submission, Curation, and Close Out: Final report deliverables to ASM, Project

Close Out.

2.2.3.4 Deliverables upon completion:

Purchasing Office

Electronic copies of project summary completed by the Principal Investigator to accompany all consultation documents with SHPO, ASM, and the Tribes.

Curation of approved Monitoring Report with ASM.

2.2.3.5 Break out pricing per task, hours per discipline used (such as Archaeologist IV, GIS

Analyst, Technical Editor), salary rate for each discipline, Please list your percentage rate for profit and overhead.

EVALUATION CRITERIA

3. EVALUATION CRITERIA

In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible

Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. Response to evaluation criteria is incorporated in the Required Forms.

3.1 Experience/Expertise/Reliability 55%

3.2 Method of Approach 35%

3.3 Cost 10%

In addition to the evaluation criteria, exceptions to the terms and conditions, as stated in the Uniform

Instructions Section C.3, may impact an Offeror’s susceptibility for award.

INDEMNIFICATION AND INSURANCE

4. INDEMNIFICATION AND INSURANCE

4.1 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

Purchasing Office 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.

4.2 Insurance Requirements

4.2.1 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.

4.2.2 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.

4.3 Minimum Scope and Limits of Insurance

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

4.3.1 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.

4.3.2 Business Automobile Liability

Purchasing Office

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

b. 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.

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.

4.3.3 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

a. 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.

b. 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).

4.3.4 Professional Liability (Errors and Omissions Liability)

• Each Claim $2,000,000

• Annual Aggregate $2,000,000

a. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery

Purchasing Office period will be exercised, for a period of two (2) years beginning at the time work under this Contract is completed.

b. The policy shall cover professional misconduct or negligent acts for those positions defined in the

Scope of Work of this contract.

4.4 Additional Insurance Requirements

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

4.4.1 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 or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-

621 (E).

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

4.5 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).

4.6 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.

4.7 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.

Purchasing Office

4.7.1 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.

4.7.2 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.

4.7.3 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

4.8 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 this contract, proof from the Contractor that its subcontractors have the required coverage.

4.9 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.

4.10 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.

Instructions to Offerors

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish

Department

Purchasing Office

5000 West Carefree

Highway

1. CONTACTS

Offerors should carefully review this solicitation for defects and questionable or objectionable matter.

Comments or questions shall be entered in the “Discussion Forum” tab of the solicitation in Arizona

Procurement Portal (APP). As a secondary means of submitting written comments, direct comments to the attention of the Procurement Officer named in Arizona Procurement Portal for this solicitation. Such communication should be sent no less than five (5) business days prior to the solicitation due date and time.

Protests based on any omission or error, or on the content of the solicitation, may be disallowed if these faults have not been previously brought to the attention of the AZGFD as required herein.

2. SYSTEM FUNCTIONALITY QUESTIONS

Questions regarding the functionality of, or otherwise navigating within the Arizona Procurement Portal system should be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or 602-542-

7600.

3. REQUIRED INFORMATION

Offerors shall complete and submit the forms and attachments titled “Required Forms” in Arizona

Procurement Portal’s “Attachments” tab for this solicitation. Failure to provide all information requested may result in a bid being rejected. Offerors may submit additional documents at their discretion. Any questions you wish to make to the Procurement officer need to be addressed either in Arizona Procurement

Portal’s “Discussion Forum” tab or emailed to the Procurement Officer.

3.1. REQUIRED FORMS

“Required Forms” are located in the “Attachments” tab of Arizona Procurement Portal and must be completed, scanned and uploaded into your Offer in Arizona Procurement Portal.

3.2. PRICING

Complete all information as requested in Arizona Procurement Portal on the items tab. Additional pricing may also be requested in the “Required Forms” attachment in Arizona Procurement Portal.

4. PRE-BID CONFERENCE

If Pre-Bid Conference is being held, the time and place will be indicated in the solicitation’s ‘Pre-Bid

Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal

(https://procure.az.gov). Attendance requirements will also be indicated in this field. See Uniform

Instructions to Offerors, Pre-Offer Conference.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AZGFD Deputy Director, 5000 West Carefree

Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

Department

Purchasing Office

5000 West Carefree

5. SITE VISITATION

If a specific jobsite is listed in the Specifications, Offerors are required to examine carefully the job site and satisfy themselves as to the man-hours and conditions to be encountered in performing the work.

Submission of a bid is prima facie evidence that the Offeror has examined the work site, plans, specifications, and amendments. The Offeror understands all work and contract requirements and is aware of all conditions that might impact work performance.

In the event of a contract awarded, no plea of ignorance of conditions that exist, or may hereafter exist, or of difficulties that may be encountered in the provision of services under the contract will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Contract, nor accepted as a basis for any claims for extra compensation.

6. ALTERNATE BID

If the bidder submits an alternate bid for an Invitation for Bid (IFB), each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included. Offerors may submit multiple options in a single document when responding to a Request For Proposal (RFP).

7. BID SOLICITATION AMENDMENT ACKNOWLEDGEMENT

If the State issues an amendment (i.e., new round), the supplier will be notified via email and will be required to acknowledge receipt of the amendment and re-submit a bid if one was already submitted prior to the amendment. While submitting a response to an amendment, the supplier has the ability to copy forward previous offer responses to streamline the submission process.

Offers (quotes) received without acknowledgment of Amendments through the appropriate function in

Arizona Procurement Portal or by including signed copies of all solicitation amendments in the

“Attachments” tab of their Offer (quote) may be deemed as non-responsive.

8. EVALUATION

In accordance with the Arizona Procurement Code A.R.S. § 41-2533, Competitive Sealed Bidding, IFB awards shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the solicitation.

In accordance with the Arizona Procurement code A.R.S. § 41-2534, RFP awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed in the solicitation Scope of Work.

Department

Purchasing Office

5000 West Carefree

9. CLARIFICATION OF OFFER

9.1. The purpose for clarifications is to provide for a greater mutual understanding of the solicitation response.

Clarifications are not negotiable and material changes to the solicitation response shall not be made by clarification.

9.2. The procurement officer may request clarification from offerors at any time after receipt of solicitation response. Clarifications may be requested orally or in writing. If clarifications are requested orally, the offeror shall confirm the request in writing. A request for clarifications shall not be considered a determination that the offeror is susceptible for award.

10. NON-EXCLUSIVE CONTRACT

The AZGFD shall have the right to go outside of the contract to obtain similar goods or services from another source when necessary to meet the requirements of the AZGFD.

11. ESTIMATED QUANTITIES

The quantities listed in the solicitation are estimates only. Actual quantities purchased may vary from estimates. The State reserves the right to purchase greater or lesser quantities than indicated without penalty.

12. NOT A GUARANTEE OF WORK

The State makes no guarantee as to the amount of work to be assigned to any Contractor and may exercise its option not to utilize the Services requested herein. The State is under no financial obligation to any selected Contractor unless the State issues a purchase order(s) for a specific assignment(s).

13. ADDITIONAL LOCATIONS

The current locations listed in the solicitation may vary. The State and AZGFD reserves the right to add future locations as circumstances may require without penalty to fulfill the needs of the Department.

14. NEW EQUIPMENT

All equipment, materials, parts and other components incorporated in the work or an item covered by this contract shall be new, of the latest model and of the most suitable grade for the purpose intended.

Offers must be for equipment on which the original manufacturers' serial number has not been altered in any way. Throughout the contract term, the State reserves the right to reject any altered equipment.

15. BRAND NAME OR EQUIVALENT SPECIFICATION

The brand name or equivalent specification used in this solicitation is for the purpose of describing the standards of quality, performance, and characteristics desired, and are not intended to limit or restrict competition. Any offer which proposes equal quality, design, or performance will be considered if the product offered is identified

Department

Purchasing Office

5000 West Carefree in the bid, including sufficient technical information, and is determined by the State to be an equal in all material respects to the brand name product referenced in the solicitation.

16. DESCRIPTIVE LITERATURE

AZGFD reserves the right to request the complete manufacturer's descriptive literature regarding the equipment to be furnished under this solicitation or provided per the contract scope of work/Specifications.

Literature shall be sufficient in detail in order to allow full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected or cancellation of the contract/order.

17. INDEPENDENT CONTRACTOR

Contractor is an independent contractor and shall act in an independent capacity in performance under the

Contract. Neither party is, or is to be construed as, being the employee or agent of the other party and no action, inaction, event or circumstance will be grounds for deeming it to be so.

18. SUBCONTRACTORS

Offerors may subcontract to third party vendors to meet requirements as set forth in this solicitation.

A third party vendor is defined as being completely owned and operated separately from the Offeror.

If requested in the Scope of Work/Specifications, the Offeror shall provide a list of all subcontractors as an attachment to your offer (quote) in Arizona Procurement Portal. Please provide all information requested on the “Subcontractors” page of the “Required Forms” attachment. Construction services also require the

Contractor’s License Number.

Neither this agreement, nor any portion thereof, may be assigned by the Contractor without the written consent of the AZGFD first having been obtained.

19. REFERENCES

If requested in the “Required Forms,” the Offeror shall provide a minimum of three (3) references that shall be current and relevant to the intended purpose of the solicitation. Please provide all information requested on the “References” page of the “Required Forms” attachment.

20. PRICING

If the solicitation requests pricing, the total purchase price shall include product, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal. If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested.

Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer Preparation, Identification of Taxes in Offer.

Department

Purchasing Office

5000 West Carefree

21. TAXES

The AZGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as requested. When applicable, the tax rate and amount shall be identified in your offer in

Arizona Procurement Portal. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

If this is for construction services, the amount of taxes shall be listed on a separate line from the bid amount as indicated on the “Items” tab in Arizona Procurement Portal in compliance with the Uniform Terms and

Conditions, Costs and Payments, Payments.

22. INVOICING

The AZGFD will not pay for services and/or products in advance. Payments will be made 30 days after completion of services and expenses, as shown by an itemized invoice submitted by the Contractor and approved by the AZGFD. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary justification documentation needed to properly review. Payment for items not authorized under this contract will be rejected unless authorized AZGFD personnel have given prior approval.

23. TRANSPORT AND SHIPPING TERMS

Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries..ADDITIONAL FREIGHT

CHARGES WILL NOT BE AUTHORIZED. Contractor shall retain title and control of all goods until they are delivered to the Arizona Game and Fish Department and acceptance has been made by a representative of the AZGFD. All risks of transportation and all related charges shall be the responsibility of the

Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the

Contractor in arranging for inspection.

The Contractor shall be fully responsible for the transport of the equipment to and from AZGFD, for installation and for the correction of items of workmanship not in compliance with the specifications.

The Contractor shall be responsible for any loss of, or damage to AZGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

24. DELIVERY

Delivery is desired as soon as possible, but no later than 30 (thirty) days after receipt of order unless otherwise indicated in the Scope of Work/Specifications.

Delivery shall be accomplished during normal working hours, Monday thru Friday from 8 a.m. until 5 p.m.

AZGFD will not accept deliveries on State holidays unless prior arrangements have been made and agreed to by both parties.

Department

Purchasing Office

5000 West Carefree

25. ACCEPTANCE

Each delivered item shall be subject to a complete inspection by AZGFD prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Thirty calendar days shall be allowed for this process. If delivered equipment is returned to the Contractor prior to acceptance for any reason, additional periods of thirty calendar days shall be allowed for inspection when subsequent deliveries occur.

26. INDEMNIFICATION AND INSURANCE

Indemnification and Insurance requirements will be required as per the Scope of Work/Specifications

“Indemnification and Insurance” paragraphs and the Uniform Terms and Conditions, Risk and Liability included herein.

27. POST AWARD CONFERENCE

After award of this solicitation, the Contractor(s) may be required to participate in a post award conference.

28. CONTRACT TERM

The term of any resultant contract shall commence on the date of award and shall continue for one year unless canceled, terminated or extended as otherwise provided herein.

29. CONTRACT EXTENSION

The AZGFD reserves the right to unilaterally extend the period of any resultant contract for thirty-one (31) days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in 12-month increments.

30. PRICE ADJUSTMENT

30.1. Original Price: The original price shall remain the same for the contract term. AZGFD may review a fully documented request for a price increase only on the anniversary or renewal date of the contract, after the contract has been in effect for one year. Increases requested shall be based upon a cost increase to the Contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product/service contractually covered.

30.2. The request shall be submitted from 90 to 120 days prior to the anniversary or renewal date of the contract and shall be a factor in the extension review process.

30.3. Failure to submit the request within the stated timeframe and/or failure to supply adequate information with the request may result in the AZGFD not considering the request.

Department

Purchasing Office

5000 West Carefree

30.4. AZGFD, at its sole option, shall determine whether the requested price adjustment or an alternative option is in the best interest of the State. Approval shall be in the form of a contract amendment, and shall become effective on the date specified in the amendment. Upon approval by AZGFD, the

Contractor shall make available all electronic and hard copy catalog/price list updates at no additional cost.

30.5. The price adjustment, if approved, will become effective upon the effective date of the contract amendment.

31. PRICE REDUCTION

31.1. A formal announcement from the manufacturer that the cost of the contract product has been reduced.

31.2. Documentation (i.e. published cost lists) from the manufacturer showing, to the satisfaction of

AZGFD, the actual cost reduction.

31.3. Documentation showing that the published cost reductions have been offered to other distributors.

32. CONTRACT INQUIRY

Following award, the Contractor(s) shall contact the AZGFD Purchasing Office assigned buyer for guidance or direction in contract interpretation or questions regarding the terms, conditions or scope of the contract.

Questions regarding this scope of contract may be directed to the contract administrator.

33. CONTRACT ADMENDMENTS

The AZGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AZGFD. The Contractor (s) will be notified prior to any changes in the contract. This

Contract is issued under the authority of the Procurement Officer who signed this Contract. Changes will be completed in accordance to the Uniform Terms and Conditions, Contract Changes.

34. DISPUTES:

The AZGFD and the Contractor shall discuss and attempt to resolve any disputes. Resolution will be pursued per the Uniform Terms and Conditions, Arbitration.

35. LICENSES

Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The Contractor shall be responsible for ensuring the current license and permit status of subcontractors, if any. Failure of the Contractor to obtain or maintain approved federal, state and local licenses and permits required for the operation of the business and performance of this IFB may be considered a failure to perform to expectations.

Department

Purchasing Office

5000 West Carefree

36. COMPLIANCE WITH FEDERAL LAWS

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

The offeror is in compliance with all federal laws, regulations, permits and licenses and shall maintain in current status all federal licenses and permits required for the operation of the business conducted by the

Contractor. The Contractor shall be responsible for ensuring compliance with federal laws, regulations, current license and permit status of subcontractors, if any.

37. CIVIL RIGHTS ASSURANCE STATEMENT

The Contractor and Subcontractors are subject to Title VI of the Civil Rights Act of 1964, Section 504 of

Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination

Act of 1975, Title IX of the Education Amendment of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of the recipient on the basis of race, color, national origin, age, sex (in educational activities) or disability.

NOTE: An Assurance Statement shall be required to be signed by an individual, private organization, or institution receiving U.S. Fish and Wildlife Service assistance under the following circumstances:

A. If the premises are at any time opened to the public.

B. If Hunter or Aquatic Resource Education, or any other information/education program sponsored by AZGFD, is held on private property.

38. CIVIL RIGHTS NOTIFICATION

The Arizona Game and Fish Department receives Federal assistance from the U.S. Fish and Wildlife

Service, and thus prohibits discrimination on the basis of race, color, religion, national origin, disability, age and sex pursuant to Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of

1972, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973 and Title II of the

Americans with Disabilities Act of 1990. To request an accommodation or informational material in an alternative format or to file a discrimination complaint please contact the Deputy Director’s Office at (623)

236-7276 or by mail at 5000 West Carefree Highway, Phoenix, AZ 85086. Discrimination complaints can also be filed with the U.S. Fish and Wildlife Service, Office of Diversity and Inclusive Workforce

Management, Public Civil Rights Accessibility and Disability Coordinator, 5275 Leesburg Pike, Falls

Church, VA 22041. Phone: (703) 358-1724.

Department

Purchasing Office

5000 West Carefree

39. INCLUSIVE OFFERORS

Offeror(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. Offerors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing details concerning your organization's utilization of small, women-owned and/or minority business enterprises.

Emphasis should be placed on specific areas that are subcontracted and percentage of contract utilization and how this effort will be administered and managed, including reporting requirements.

40. FEDERAL WHISTLEBLOWER CLAUSE

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

40.1. This Contract Award Recipient and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C.