BPM006865_IFB_Solicitation_Instructions_to_Offerors.pdf

Solicitation Instructions (IFB) Invitation for Bid

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

1110 W. Washington Street Phoenix, AZ 85007

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 1 of 25

Table of Contents

Special Instructions to Offerors 2

Standard Instructions to Offerors (IFB) 16

Special Instructions to Offerors

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 2 of 25

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Special Instructions to Offerors

1. Definition of Terms

As used in these Instructions to Offerors, the terms listed below are defined as follows:

1.1. “Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et. sequitur, in the Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2-7-101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

NOTE: There are frequent references to the Arizona Procurement Code throughout the Solicitation Documents, therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations The Arizona State Legislature provides the official A.R.S. online at:

http://www.azleg.gov/ArizonaRevisedStatutes.asp The Office of the Arizona Secretary of State provides the official A.A.C. online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.2. “Clarifications” means, per A.A.C. R2-7-C313, communications between the Procurement Officer and Offeror for the purpose of providing a greater mutual understanding of the Offer.

Clarifications may include demonstrations, questions and answers, or elaborations on previously-submitted information.

1.3. “Contract” is defined in paragraph 1.2 of the Uniform Terms and Conditions.

1.4. “Contract Amendment” is defined in paragraph 1.3 of the Uniform Terms and Conditions.

1.5. “Contract Terms and Conditions” is defined in paragraph 1.8 of the Special Terms and Conditions.

1.6. “Contractor” is defined in paragraph 1.4 of the Uniform Terms and Conditions.

1.7. “Evaluation” means, per A.A.C. R2-7-316, the process whereby the Procurement Officer will determine which Responsive offers, and revised offers, are the most advantageous to State taking into consideration the evaluation factors set forth in the Solicitation Documents.

1.8. “Not Susceptible for Award” means, per A.A.C. R2-7-C311, that the relevant offer has been determined by the Procurement Officer to fail one or more of the tests and comparisons set

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 3 of 25 forth therein. NOTE: A determination of Not Susceptible for Award and a determination of Responsive are mutually exclusive.

1.9. “Offeror” is the Person submitting an Offer; instructions addressed to “you” and references to “your” items are to be construed as being synonymous with “Offeror” and “Offerors” throughout these Instructions to Offerors.

1.10. “Pricing Document” means Pricing Document, part of the Solicitation Requirements. Also known as Pricing Document as defined in the Special Terms and Conditions.

1.11. “The State’s e-Procurement System” is defined in paragraph 1.16 of the Special Terms and Conditions.

1.12. “Procurement Officer” means the person, or his or her designee, who has been duly authorized by State to administer the Solicitation and make written determinations with respect to the Solicitation. The Procurement Officer is identified in The State’s e-Procurement System.

1.13. “Small Business” means a for-profit or not-for-profit organization, including its affiliates, with fewer than 100 full-time employees or gross annual receipts of less than $4 million for the last complete fiscal year.

1.14. “Solicitation” means this procurement solicitation, which State is issuing as a request for bids (“IFB”) under A.R.S. § 41-2534.

1.15. “Solicitation Amendment” means, per A.A.C. R2-7-303, a change to the Solicitation that has been issued by Procurement Officer.

1.16. “Solicitation Summary” means Section 1 of the Solicitation Documents.

1.17. “State” is defined in paragraph 1.11 of the Uniform Terms and Conditions.

1.18. “Subcontract” is defined in paragraph 1.13 of the Uniform Terms and Conditions.

1.21 “Subcontractor” is defined in paragraph 1.19 of the Special Terms and Conditions

2. Solicitation Inquiries

2.1. Submission of Inquiries

All questions related to this solicitation must be submitted through the State’s eProcurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab. All inquiries must be marked as Q&A and addressed to the Procurement Officer identified as the solicitation’s owner. Any other contact shall be directed to the Procurement Officer as listed in APP. Questions should reference the applicable page and paragraph number.

https://app.az.gov/

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

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2.2. Timeliness

Any inquiry or deviation to the Solicitation shall be submitted as soon as possible and should be submitted at least seven (7) days before the Bid/Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment.

2.3. Pre-Offer Conference

A Pre-Offer Conference will not be held.

3. Offer Preparation

3.1. Online Documents

The Solicitation Documents are only provided online in The State’s e-Procurement System;

State will not provide any printed copies or other formats.

SUPPLIER REFERENCE GUIDES at: https://spo.az.gov/app/supplier/QRG

3.2. Electronic Submissions

When submitting an Offer, only include files that are Microsoft Word documents, Excel workbooks, or PowerPoint presentations and Adobe Acrobat documents. Obtain advance approval from the State’s e-Procurement Help Desk before submitting files in any other format.

Maximum file size allowed is 25mbp.

3.2.1. Upload all Solicitation Attachments as required, within the APP Prepare RFx Technical and Financial Questions Tab.

3.2.2. Prepare and submit your confidential information following the instructions in section 4.7 Confidential Information,

3.3. Deviations in Offer

When submitting an Offer, clearly indicate in writing any deviations from the Specifications or other Solicitation technical requirements documents. Any un-identified deviation will be deemed void upon submission.

NOTE: Deviations are technical exceptions of a significant but not material nature, typically having to do with part/model numbers, details of attachments, mountings, clearances, internal configurations, etc., and are not to be confused with the material exceptions covered in paragraph 3.5.

https://spo.az.gov/app/supplier/QRG

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

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3.4. Evidence of Intent

Every one of your Offer submissions (e.g. initial submission and any subsequent re-submission) must contain the Attachment “Offer and Acceptance Form”, with a signature by your duly authorized officer, executive, principal, or agent. The signature will be deemed to signify your intent to be bound by that Offer and the terms of the Solicitation, and your representation that the information you have provided in that Offer is true and accurate.

3.5. Exceptions to Solicitation Documents

If you are submitting an Offer conditioned on exceptions to the Solicitation Documents, indicate “NO” on Solicitation Attachment “Conformance Statement” and provide the required justification. Any exceptions taken elsewhere in an Offer or any of your preprinted or standard terms will be void in that Offer and without force or effect in any resulting contract.

3.6. Insurance and Bonds

Provide the evidence of insurance availability, evidence of insurance in place, evidence of bonding capacity, bonds in hand, or other security that are called for in the Solicitation Attachment “Letter of Insurability”.

If you intend to withhold or redact any element of your evidence of insurance policy compliance required by Section 6.2 of the Special Terms and Conditions [Contractor Insurance Requirements] on the grounds that it is confidential information, then you must claim it as such and submit the necessary substantiated justification with each Offer using the Solicitation Attachment “Designation of Confidential Information” and as per Instruction 4.7 Confidential Documents below.

Unless the Procurement Officer has determined that your evidence documentation, or some or all your insurance program, is confidential information under paragraph 4.7, refusing after contract award to provide the complete, un-redacted copies of policies as called for in that exhibit will be a material breach of the Contract.

3.7. Identification of Taxes in Offer

State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use taxes, as described in the Contract Terms and Conditions.

3.8. Excise Tax

State is exempt from certain federal excise tax on manufactured goods; State will provide the necessary exemption certificates as evidence to the extent exemption applies to the Work.

3.9. Tax Identification

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

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You must provide to State your federal employer identification number or social security number for the purposes of reporting monies paid under the Contract to appropriate taxing authorities. The submission is mandatory under 26 U.S.C.§ 6041A. If the identifier provided is a social security number, State shall only use it for tax reporting purposes and only share it with appropriate government officials.

3.10. Disclosure

If you are submitting an Offer despite having been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, then you must provide with that Offer the name and address of the governmental unit, the effective date, duration, and circumstances of the suspension, debarment, or other preclusion, and your justification for State to consider the Offer despite the suspension, debarment, or other preclusion. Include in your disclosure any suspension, debarment, or other preclusion that is pending, but indicate that it is pending.

3.11. Federal Immigration Laws

By signing an Offer, you will be deemed to have represented that both you and all your proposed subcontractors are in compliance with federal immigration laws and regulations relating to the immigration status of their personnel. State may, at its discretion, demand evidence of compliance during Evaluation, which you must provide promptly. Not providing the evidence will be grounds for the Procurement Officer to determine that the Offer is Not Susceptible for Award.

3.12. Cost of Offer Preparation

State will not reimburse you or any of your prospective subcontractors, suppliers, or consultants any costs associated with responding to the Solicitation.

3.13. Offshore Performance of Work Prohibited

Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the bid.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 7 of 25

4. Submission of Offer: Required Offer Content

4.1. APP Questionnaire and Item Tab: All required information found in the Questionnaire and Item tabs must be completed before an offer can be submitted.

4.2. Submit all of the Bid/Offer content within the APP / Prepare RFx / Technical Questions and Financial Questions tabs.

4.2.1. The Bid/Offer submission shall include the following documents:

4.2.1.1. Pricing shall be entered within the Excel document titled BPM006865 Pricing Document AND Offeror shall complete the Line Item in the Items (F) tab in APP by adding $1.00 in order for the Offer to be considered.

• Attachment I - Offer and Acceptance Form

• Attachment II - Pricing Sheet

• Attachment III - Discount Schedule

• Attachment IV - Confidential Designation Information

• Attachment V - Boycott of Israel Disclosure

• Attachment VI - Forced Labor of Ethnic Uyghurs Ban

• Attachment VII - Experience and Capacity Response

• Attachment VIII - Organizational Profile

• Attachment IX - References

• Attachment X - Conformance Statements and Exceptions Requests

• Attachment XI - Letter of Insurability

• Attachment XII: Proposed Subcontractors

• Attachment XIII - Offer Checklist

4.3. Submission

Submit each Offer online in The State’s e-Procurement System before the “Bid Opening Date” indicated for the “Solicitation No.” State will not consider a bid submitted by any other method other than The State’s e-Procurement System, and it will be deemed void upon submission. By A.A.C. R2-7-C307, State will not consider later offers. State will give no extension or grace period for delays or incomplete bids caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The State’s e- Procurement System. If your bid is not submitted correctly, completely, and in conformance to these Instructions herein, then Procurement Officer may determine it Not Susceptible for Award.

NOTE: Using the State’s e-Procurement System requires a certain level of technical competency; select your staff to submit bids and handle other Solicitation general matters in The State’s e-Procurement System carefully, since the State’s e-Procurement System Help Desk cannot do any of the required actions for you.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

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4.4. Solicitation Amendments

Acknowledge each Solicitation Amendment in The State’s e-Procurement System. By A.A.C.

R2-7-C303(C), you must acknowledge every Solicitation Amendment issued as of the due date and time for an Offer to be Responsive.

Amendments to the Solicitation create new rounds in APP. You must acknowledge each round created by an amendment for your Offer in order for your Offer to be Responsive.

In the event you have submitted an offer prior to a Solicitation amendment, you must acknowledge and upload your offer documents to the new round.

If you have submitted your bid early, you must be alert for subsequent Solicitation Amendments.

If an Amendment is issued after your submission, but before Bid/Offer due date and time, then the Procurement Officer may determine the Offer to be Non-Responsive if you have not acknowledged the Amendment.

4.5. Amending or Withdrawing

You cannot amend or withdraw a submitted bid after the Bid/Offer due date and time unless expressly permitted under applicable law.

4.6. Confidential Information

If you believe that a portion of your Offer (or a protest or other correspondence) contains a trade secret or other manner of your proprietary information, you must:

4.6.1. Indicate on the Solicitation Attachment “Designation of Confidential Information” that your bid contains such claimed confidential information; and,

4.6.2. Separate the documents you claim to be confidential from the offer documents and upload them separately. Prepare to upload each confidential document as a separate confidential document in your response following the instructions in the Arizona Department of Administration Procurement page under Arizona Procurement Portal (APP) Suppliers Tab. Under the Quick Reference Guides / Solicitations, review the Adding Confidential Documents to an Offer/ Response.

4.6.3. Upload each document you claim to be confidential separate from each other and follow the naming convention:

Confidential - Supplement - Offeror File Name

Simply indicating that the bid contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-103. The “Confidential Information Designation” Attachment must be accompanied by a detailed explanation as to why each item or category of items in the bid https://spo.az.gov/suppliers/app-support/quick-reference-guides https://spo.az.gov/sites/default/files/documents/files/Adding%20Confidential%20Documents%20to%20an%20Offer.pdf

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 9 of 25 should be designated confidential information.

Submit Confidential Information/Documentation as a Supplement(s) to Section 8, follow the naming convention: Confidential - Supplement - Offeror File Name DO NOT incorporate information you are requesting to be determined as Confidential in any other section of your response.

Procurement Officer shall review your claim of confidentiality and provide a written determination;

until a written determination has been made, Procurement Officer shall not disclose the claimed information to anyone who does not have a legitimate State interest. If Procurement Officer denies the claim of confidentiality, you may appeal the determination to the State Procurement Administrator within the time specified in the determination.

NOTE: Contract terms and conditions, pricing, and information generally available to the public are not and will not be designated confidential information.

4.7. Public Record

Once submitted and opened by Procurement Officer, your Offer is a public record and must be retained by State for 6 (six) years. All offers will be available for public inspection in the State’s e-Procurement System after the resulting contracts have been awarded, except for any portions that were determined to be confidential information.

Procurement Officer shall make the names of Persons who submitted offers available in The State’s e-Procurement System promptly after the opening date.

4.8. Offeror Certification

By signing the Offer and Acceptance Form (or other official contract form specified by Procurement Officer), you will be deemed to have certified that:

4.8.1. you did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of your Offer; and you do not discriminate against any employee or applicant for employment or person to whom you provide services because of race, color, religion, sex, national origin, or disability, and that you comply with an applicable federal, state, and local laws and executive orders regarding employment.

5. Responsibility and Responsiveness

5.1. Responsibility

In accordance with A.R.S. 41-2534(G), A.A.C. R27-C312 and R2-7-C316, the State shall

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 10 of 25 consider the following in determining Offeror’s responsibility, as well as the responsiveness and acceptability of their bids. The State will consider, but is not limited to, the following in determining an Offeror’s responsibility as well as susceptibility to Contract Award:

5.1.1. Whether the Offeror has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

5.1.2. Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offeror’s agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

5.1.3. Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors;

5.1.4. Legally qualified includes if the vendor or if key personnel have 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 governmental body.

5.1.5. Whether the Offeror promptly supplied all requested information concerning its responsibility;

5.1.6. Whether the Offer was sufficient to permit evaluation by the State, in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components.

Necessary offer components include: attachments, documents or forms to be submitted with the offer, an indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of Work, signed Solicitation Amendments, references to include experience verification, adequacy of financial/business/personal or other resources to include a performance bond and stability including subcontractors and any other data specifically requested in the Solicitation;

5.1.7. Whether the Offer was in conformance with the requirements contained in the Scope of Work, Terms and Conditions, and Instructions for the Solicitation and its Amendments, including the documents incorporated by reference;

5.1.8. Whether the Offer limits the rights of the State;

5.1.9. Whether the Offer includes or is subject to unreasonable conditions, to include conditions upon the State or necessary for successful Contract performance. The State shall be the sole determiner as to the reasonableness of a condition;

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

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5.1.10. Whether the Offer materially changes the contents set forth in the Solicitation, which includes the Scope of Work, Terms and Conditions, or Instructions; and,

5.1.11. Whether the Offeror provides misleading or inaccurate information.

5.2. Responsiveness and Susceptibility

Bidss that do not contain information sufficient to evaluate the bid in accordance with the factors identified in the solicitation or other necessary bid components may not be considered responsive and/or acceptable. Necessary components include an indication of the Offeror’s intent to be bound, price bid, solicitation amendments, bond and reference data as required.

Bid Content. The Offeror shall make a firm commitment to provide services as required and proposed.

• The material contained in the Offer shall be relevant to the service requirements stated in the solicitation.

• It is to be submitted in a sequence that reflects the scope of work section of this document.

• It is to include information relevant to the designated evaluation criteria.

• Failure to include the requested information may have a negative impact on the evaluation of the Offeror’s bid.

6. Evaluation of Offers

6.1. Evaluation Criteria

In accordance with the Arizona Procurement code A.R.S. § 41-2533, awards shall be to the lowest responsible and responsive Offeror(s) whose offer conforms in all material respects to the requirements and criteria set forth in the solicitation. Unless otherwise provided in the solicitation, an award may be made for an individual line item, any group of line items, or all line items.

6.2. Financial Stability

You must be able to substantiate your financial stability to State’s satisfaction as a precondition of any contract award. Procurement Officer may demand documentation such as current and audited financial statements, including income and balance sheets, directly from you or may obtain reports from independent financial rating services. Not providing the evidence will be grounds for Procurement Officer determining your Offer is Not Susceptible for Award.

During the evaluation process, additional information will be requested by the Procurement Officer to explain the financial health of the organization. The following chart explains what will be requested.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 12 of 25

(Dollars entered in Thousands)

PARAMETERS

Income statement

Net sales $

Operating income $

Balance sheet

Total Current Assets $

Total Assets $

Total Current Liabilities $

Total Liabilities $

Retained earnings $

Market value of equity $

After the bid due date, those contractors who are evaluated and are within the Competitive range will be required to fill out the form above. This form will be requested via email by the Procurement Officer and include a due date of two (2) business days.

6.3. Consideration of Exceptions

Procurement Officer may determine that your Offer is Not Susceptible for Award if it is conditioned on an exception to a material aspect of the Solicitation. Even if Procurement Officer determines that an exception is one that does not merit Not Susceptible for Award determination, he or she may down-grade your Offer in Evaluation if the exception is significant.

6.4. Consideration of Deviations

Procurement Officer may down-grade your Offer in Evaluation if it contains deviations that, in his or her determination, materially reduce the value to State of affected Materials or Services across the life-cycle thereof.

6.5. Consideration of Prompt Payment Discount

Procurement Officer may credit any proposed prompt payment discounts for the purpose of evaluating offer prices.

6.6. Consideration of Taxes

Procurement Officer shall not include Arizona Transaction Privilege Tax and other sales/use taxes for the purpose of evaluating offer prices.

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Equipment and Supplies

Arizona Department of Environmental Quality

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6.7. Consideration of Cost

Regardless of the relative order assigned to cost in the Solicitation Summary, cost is an essential consideration in every award State makes; State’s intent is always to obtain the best pricing available and it strives to make its evaluations be a straightforward comparison of best value between the responsible and responsive bids as far as possible to the extent permissible under the Arizona Procurement Code.

6.8. Unit Price Prevails

In the case of discrepancy in your Offer between a unit price or rate and an extension of that unit price or rate, the unit price or rate will prevail.

6.9. Waiver and Rejection

Notwithstanding any other provision of the Solicitation Documents, State reserves the right to waive any minor informality, reject any or all offers or portions thereof or cancel the Solicitation.

6.10. Evaluation Criteria

In accordance with the Arizona Procurement code A.R.S. § 41-2533, awards shall be to the lowest responsible and responsive Offeror(s) whose offer conforms in all material respects to the requirements and criteria set forth in the solicitation. Unless otherwise provided in the solicitation, an award may be made for an individual line item, any group of line items, or all line items.

7. Award of Contract

7.1. Best Advantage to State

Under A.A.C. R2-7-C317, contracts will be awarded to the responsible offeror(s) whose offer(s) is/are determined to be most advantageous to the State based on the stated evaluation criteria.

7.2. Number of Types of Awards

State may make multiple awards or to award contracts by individual line items or alternates, by group of line items or alternates, or to make an aggregate award, or regional awards, whichever is determined to be most advantageous to State.

7.3. Contract Inception

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Equipment and Supplies

Arizona Department of Environmental Quality

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Your Offer does not constitute a contract nor does it confer any right on you to the award of a contract. A contract is not created until your Offer has been accepted for State by Procurement Officer’s signature on the Offer and Acceptance Form. Notice of award or of intent to award will not constitute State’s acceptance of your Offer.

7.4. Contract Document Consolidation

State may, at its option, consolidate the resulting contract documents after contract award.

Examples of such consolidation are reorganizing Solicitation Documents and those components of the Accepted Offer not pertaining to the contract’s operation and excluding any components of the Accepted Offer that were not awarded. Contract document consolidation will not, however, include or be construed to include any materially change the Solicitation or the Contract.

7.5. Viewing Awarded Contracts

To view awarded Contracts: 1. Go to app.az.gov 2. Select: State Contracts (Blue tab), 3. Search using “Keywords:” enter name of solicitation Label and click on “Search”. A listing of Contracts with the description (name of Contract Set) will appear below. 4. To view a Contract, click on pencil next to Contract number. 5. Contact Help Desk at 602-542-7600 for assistance.

8. Solicitation or Award Protests

Any protest must comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9, and rules adopted thereunder. Protests must be in writing and be filed with both Procurement Officer and the State Procurement Administrator. Protest of the Solicitation must be received before the Bid/Offer due date and time. Protest of a proposed award or of an award must be received within 10 (ten) days after Procurement Officer makes the procurement file available for public inspection. In either case, the protest must include:

8.1. the name, address, email address and telephone number of the interested party;

8.2. signature of the interested party or its representative;

8.3 identification of the purchasing agency and the solicitation or contract number;

8.4 a detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

8.5 the form of relief being requested.

Standard Instructions to Offerors (IFB)

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Equipment and Supplies

Arizona Department of Environmental Quality

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Standard Instructions to Offerors (IFB)

1. Definition of Terms

As used in these Instructions, the terms listed below are defined as follows:

1.1. “Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et. sequitur, in the Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2-7-101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

NOTE: There are frequent references to the Arizona Procurement Code throughout the Solicitation Documents, therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spointra.az.gov/resources/procurement-regulations The Arizona State Legislature provides the official A.R.S. online at:

https://www.azleg.gov/arstitle/ The Office of the Arizona Secretary of State provides the official A.A.C. online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.2. “Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer.

1.3. “Bid” means an offer in response to an Invitation for Bid (IFB).

1.4. “Contract” means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer; and any Solicitation Amendments or Contract Amendments.

1.5. “Contract Amendment” means a written document signed by Procurement Officer issued for the purpose of making changes in the Contract.

1.6. “Contractor” means any person who has a Contract with the State.

1.7. “Days” means calendar days unless otherwise specified.

1.8. “eProcurement (Electronic Procurement)” means, per A.A.C. R2-7-101, the State’s official electronic procurement system as authorized by the state procurement administrator under R2- 7-201.

1.9. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other https://spointra.az.gov/resources/procurement-regulations https://www.azleg.gov/arstitle/

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 16 of 25 documents that will be used to perform the requirements of the Scope of Work after contract award.

1.10. “Invitation for Bids” (IFB) means all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in A.R.S. § 41- 2533.

1.11. “May” Indicates something that is not mandatory but permissible

1.12. “Offer” means a response to a solicitation. This term may be used interchangeably with “Bid”.

1.13. “Offeror” means a person who responds to a Solicitation.

1.14. “Person” means any corporation, business, individual, union, committee, club, or other organization or group of individuals.

1.15. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.16. “Responsible bidder or Offeror” means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.

1.17. “Responsive bidder” means a person who submits a bid which conforms in all material respects to the Invitation for Bids (IFB).

1.18. “Shall”, and “Must” indicates a mandatory requirement.

1.19. “Should” indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the State may, at its sole option, ask the Offeror to provide the information or evaluate the bid without the information.

1.20. “Small Business” means a for-profit or not-for-profit organization, including its affiliates, with fewer than 100 full-time employees or gross annual receipts of less than $4 million for the last complete fiscal year.

1.21. “Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.

1.22. “Solicitation Amendment” means a change to the Solicitation issued by Procurement Officer.

1.23. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 17 of 25

1.24. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

2. Inquiries

2.1. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer.

Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time.

2.2. Solicitation Contact Person. Direct all inquiries related to the Solicitation to Procurement Officer, including requests for or inquiries regarding standards referenced in the Solicitation. Apart from the State’s eProcurement System Help Desk, do not contact any State personnel other than Procurement Officer concerning the Solicitation while it is in progress, through and including award.

2.3. Submission of Inquiries. Submit all inquiries related to the Solicitation in the State’s eProcurement System. Procurement Officer will not respond to inquiries received in any other manner.

2.3.1. Submit technical inquiries about navigating and/or submitting bidss in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at

(602) 542-7600, option 2; or by email to app@azdoa.gov.

2.3.2. Submit all other inquiries about the Solicitation using the “Discussions with Buyer” tab in the State’s eProcurement System. Always refer to the appropriate Solicitation document by page and paragraph number.

2.3.3. Check the Special Instructions to Offerors for the cut-off time for inquiries to Procurement Officer regarding this Solicitation.

2.4. Timeliness. Any inquiry or exception to the Solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment.

2.5. No Right to Rely on Verbal or Electronic Mail Responses. An Offeror shall not rely on verbal or electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does not constitute a modification of the solicitation.

2.6. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment made through the State’s eProcurement System.

2.7. Pre-Offer Conference. If a pre-offer conference has been scheduled under the Solicitation, the date, time and location shall appear in the State’s eProcurement system. Offerors should raise any questions about the Solicitation at that time. An Offeror may not rely on any verbal responses mailto:app@azdoa.gov

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 18 of 25 to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation Amendment.

2.8. Site Visit. The purpose of a site visit is to provide the Offeror a chance to examine the site in person. No questions related to the Solicitation will be answered during the visit. If there are any questions, they must be asked at the pre-offer conference or in the discussion form within the State’s eProcurement System.

2.9. Persons With Disabilities. Persons with a disability may request reasonable accommodation, such as a sign language interpreter, by contacting Procurement Officer. Requests shall be made as early as possible to allow time to arrange the accommodation.

2.10. Instructions Order of Precedence: In case of any inconsistency, conflict, or ambiguity among the Solicitation Instructions to Offerors, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency:

2.10.1. Special Instructions to Offerors; and then

2.10.2. Standard Instructions to Offerors (IFB).

3. Offer Preparation

3.1. Electronic Documents.

3.1.1. The Solicitation is provided in an electronic format; State will not provide any printed copies or distribute the Solicitation in any other format.

3.1.2. Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified alteration or modification to any Solicitation, attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. Offeror’s electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and .pdf (Adobe Acrobat). Obtain advance approval from the State’s eProcurement Help Desk before submitting files in any other format. The maximum file size allowed is 25mbp.

3.1.3. SUPPLIER REFERENCE GUIDES are available at:

https://spo.az.gov/app/supplier/QRG.

3.1.4. Upload all Solicitation Attachments as required, within the APP Prepare RFx Technical and Financial Questions Tab.

https://spo.az.gov/app/supplier/QRG

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 19 of 25

3.1.5. Prepare and submit your confidential information following the instructions in section 4.4 Confidential Information.

3.2. Deviations in Offer. When submitting an Offer, clearly indicate in writing any deviations from the Specifications or other Solicitation technical requirements documents. Any deviation not explicitly identified will be deemed void upon submission.

NOTE: Deviations are technical exceptions of a significant but not material nature, typically having to do with part/model numbers, details of attachments, mountings, clearances, internal configurations, etc., and are not to be confused with material exceptions.

3.3. Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer in the State’s eProcurement system and shall include a signature by a person authorized to sign the Offer, such as your duly authorized officer, executive, principal, or agent. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature, shall result in rejection of the Offer.

3.4. Exceptions .

3.4.1. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

3.5. Insurance and Bonds

3.5.1. Provide the evidence of insurance availability, evidence of insurance in place, evidence of bonding capacity, bonds in hand, or other security that are called for in the Solicitation Attachment “Letter of Insurability”.

3.5.2. If you intend to withhold or redact any element of your evidence of insurance policy compliance required by Addendum A of the Special Terms and Conditions [General Contractor Indemnification and Insurance Requirements] on the grounds that it is confidential information, then you must claim it as such and submit the necessary substantiated justification with each Offer using the Solicitation Attachment “Designation of Confidential Information” and as per Instruction 4.4 Confidential Documents below.

3.6. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.

3.7. Cost of Offer Preparation. State will not reimburse Offeror or any of Offeror’s prospective subcontractors, suppliers, or consultants any costs associated with responding to the Solicitation.

3.8. Federal Excise Tax. The State is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 20 of 25

3.9. Identification of Taxes in Offer. The State is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the Solicitation. When applicable, the tax rate and amount shall be identified on the price sheet.

3.10. Disclosure. If the person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

4. Submission of Offer: Required Offer Content

4.1. Offer Submission, Due Date and Time. Offerors responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system.

4.1.1. Submit each Offer online in the State’s eProcurement System before the “Bid Opening Date” indicated for the “Solicitation No.” State will not consider a Bid submitted by any other method other than the State’s eProcurement System, and it will be deemed void upon submission. By A.A.C. R2-7-B307, State will not consider later offers. State will give no extension or grace period for delays or incomplete bids caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The State’s eProcurement System. If your bid is not submitted correctly, completely, and in conformance to these Instructions herein, then Procurement Officer may determine it Not Responsive.

NOTE: Using the State’s eProcurement System requires a certain level of technical competency; select your staff to submit bids and handle other Solicitation general matters in the State’s eProcurement System carefully, since the State’s eProcurement System Help Desk cannot do any of the required actions for you.

4.1.2. Offers shall be received before the due date and time stated in the solicitation.

Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be rejected.

4.2. Offer and Acceptance. Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form shall result in rejection of the Offer.

4.3. Solicitation Amendments.

Solicitation No. BPM006865 Emergency Response, Firefighting and Safety

Equipment and Supplies

Arizona Department of Environmental Quality

Solicitation Instructions | Revision No. 3 | Revised 10-23 | Page 21 of 25

4.3.1. As required under A.A.C. R2-7-B303(C), it is the Offeror’s responsibility to acknowledge every Solicitation Amendment issued as of the due date and time.

Failure to acknowledge all solicitation amendments may result in the Offeror being determined Not Responsive .

4.3.2. Amendments to the Solicitation create new rounds in APP. Check for APP alerts that notify if an amendment has been issued. You must acknowledge each round created by an amendment for your Offer in order for your Offer to be Responsive.

4.3.3. In the event you have submitted an offer prior to a Solicitation amendment, you must acknowledge and upload your offer documents to the new round.

4.4. Confidential Information. If an Offeror believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Offeror shall:

4.4.1. Indicate on the Solicitation Attachment “Designation of Confidential Information” that your bid contains such claimed confidential information; and,

4.4.2. Separate the documents you claim to be confidential from the offer documents and upload them separately. Prepare to upload each confidential document as a separate confidential document in your response following the instructions in the Arizona Department of Administration Procurement page under Arizona Procurement Portal (APP) Suppliers Tab.