BPM006872 Solicitation Attachments.docx

Attachment A – Offer and Acceptance Form

SUBMISSION OF OFFER: The undersigned hereby offers and agrees to provide Ammunition Products Statewide in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below:

Initial Offer:

Revised Offers:

Best and Final Offer:

Offeror company name

Signature of person authorized to sign Offer

Address

Printed name and Title

City, State, ZIP

Contact name and Title

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Orders 2023-09, 2023-01, 2009-09 or A.R.S. §§ 41-1461 through 41-1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or Service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time per the Instructions to Offers. Any extensions to the Offer Acceptance Period shall be made in accordance with A.A.C. R2-7-C310;

5. Did not and will not involve collusion or other anti-competitive practices; and

6. Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER

The offer is hereby accepted.

The Contractor is now bound to sell the Materials or Services listed by the attached Contract and based upon the Solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

The Contract shall henceforth be referred to as Contract No.

The effective date of the Contract is

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

State of Arizona Awarded this day of

Procurement officer signature

Request for Proposal

Solicitation No. BPM006872 Supplemental Ammunition Products Statewide Arizona Department of Administration State Procurement Office

Request for Proposal

Solicitation No. BPM006872 Supplemental Ammunition Products Statewide Arizona Department of Administration State Procurement Office

Solicitation Attachment – Offer and Acceptance | Revision No. 5 | Revised 05-23

Solicitation Attachment – Forced Labor of Ethnic Uyghurs Ban | Revision No. 2 | Revised 11-22 Attachment B – Boycott of Israel Disclosure

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

· The Solicitation or Contract has an estimated value of less than $100,000;

· Contractor is a sole proprietorship;

· Contractor has fewer than ten (10) employees; or

· Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Materials or Services from Israel.”

Under A.R.S. § 35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity": (a) Means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. § 35-393.03.

In compliance with A.R.S. § 35-393 et seq., all Offerors must select one of the following:

Company name

Signature of person authorized to sign

Address

Printed name and Title

City, State, ZIP

Solicitation Attachment – Boycott of Israel Disclosure | Revision No. 2 | Revised 11-22 Attachment C – Forced Labor of Ethnic Uyghurs Ban

Please note that if any of the following apply to the Contractor, then the Contractor shall select the “Exempt Contractor” option below:

· Contractor is a sole proprietorship;

· Contractor has fewer than ten (10) employees; OR

· Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, written certification is required to show that the company entering into a contract with a public entity does not use the forced labor, or use any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. § 35-394:

1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

In compliance with A.R.S. § 35-394, all Contractors must select one of the following:

· Forced labor of ethnic Uyghurs in the People’s Republic of China;

· Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

· Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

Company name

Signature of person authorized to sign

Address

Printed name and Title

City, State, ZIP

Solicitation Attachment – Forced Labor of Ethnic Uyghurs Ban | Revision No. 3 | Revised 12-22 Attachment D – Confidential Information Designation

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(51).

Complete this form and return it with your Offer along with the appropriate supporting information to assist the State in making its determination as to whether any materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. Offerors shall create a redacted version of documents containing confidential information upon request from the Procurement Officer.

STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.

Check one of the following – if neither is checked, State will assume that it is equivalent to “DOES NOT”:

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

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

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

NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(51) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103.

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

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

Company name

Signature of person authorized to sign

Address

Printed name and Title

City, State, ZIP

Attachment – Confidential Information Designation (for reference only)

A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance

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

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

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

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

2. The designated information is not confidential; or

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

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

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

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

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

Solicitation Attachment – Confidential Information Designation | Revision No. 2 | Revised 02-23 Attachment E – Conformance Statements

If taking exceptions, the relevant subsequent pages titled “Attachment Supplements” must be completed. Attach additional pages as needed.

STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.

READ ALL INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS. OFFERS WITH EXCEPTIONS MAY BE FOUND NOT SUSCEPTIBLE FOR AWARD UNDER A.A.C. R2-7-C311 OR RECEIVE LOWER SCORES DURING EVALUATION.

IF NEITHER BOX IS CHECKED UNDER ANY SECTION BELOW, THE OFFEROR’S RESPONSE TO THAT SECTION WILL BE CONSIDERED “YES” AND STATE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS

Check one of the following:

CONFORMANCE TO THE SCOPE OF WORK

Check one of the following:

CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS

Check one of the following:

Company name

Signature of person authorized to sign

Attachment Supplement E – Conformance Statements - Exceptions to Instructions

Special Instructions to Offerors

Rationale: X

Uniform Instructions to Offerors

Company name

Signature of person authorized to sign

Attachment Supplement E – Conformance Statements - Exceptions to Scope of Work

Scope of Work

Company name

Signature of person authorized to sign

Attachment Supplement E – Conformance Statements - Exceptions to Contract Terms and Conditions

Special Terms and Conditions

Uniform Terms and Conditions

Company name

Signature of person authorized to sign

Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22 Attachment F – Letter of Insurability

The Offeror shall provide a Letter of Insurability from the Insurance Company as a proof that the Offeror currently possesses the required insurance as stated in Addendum A of the Special Terms and Conditions or the Offeror is able to obtain the required Minimum Scope and Limits of Insurance should a contract be awarded to them.

The Letter of Insurability (and any additional letters) should be clearly marked as:

Attachment - Supplement Insurance NOTE: Awarded Contractors shall provide a Certificate of Insurance (e.g. ACORD forms) and associated policy endorsement(s) electronically prior to beginning Service(s) or performing any other work under the Contract. Contractors shall also provide updated Certificates of Insurance electronically, so the State has current Certificates of Insurance as required under the Contract.

Solicitation Attachment – Letter of Insurability | Revision No. 2 | Revised 08-23 Attachment G – Organization Profile

Contract Representatives

Licenses/Certifications

Financial Information (attach financial statements with income/balance sheets as Supplements)

Capacity

Solicitation Attachment – Organization Profile | Revision No. 1 | Revised 11-22 Attachment H – Proposed Subcontractors

Check “NO” if you WILL NOT subcontract any portion of the Work and will therefore be performing all of the Work with your own personnel.

If you WILL subcontract any portion of the Work, check “YES” below and list the name(s) of persons or companies you propose to use as Subcontractors.

1. Fill in the information for each significant Subcontractor – indicate the type of work the Subcontractor will perform under the Contract and their approximate percentage of the total Contract work;

2. Provide copies of relevant certifications each person or firm possesses attached to this form; AND

3. Provide a description of quality assurance (QA) and quality control (QC) measures that you will use to ensure that Subcontractor’s work meets the Contract requirements.

State may demand additional information about proposed Subcontractors as a precondition of Award.

Solicitation Attachment – Proposed Subcontractors | Revision No. 1 | Revised 11-22

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

Attachment I – Experience and Capacity Response

THE STATE MAY DETERMINE YOUR PROPOSAL NON-RESPONSIVE IF YOU DO NOT FULLY RESPOND.

The Offeror shall provide a narrative response to each section that demonstrates their understanding of the Scope of Work requirements and describes the company’s overall experience and capacity in providing the Services stated in this Solicitation. If there is a section that is not applicable to the Services required by the Scope of Work, you may mark it “N/A”.

Offeror shall provide a response either after each section or in a separate document entitled: “Attachment - Experience and Capacity Response.” If a separate document is used, please clearly designate each section and double-check to ensure that each question has been answered. If any information provided is considered CONFIDENTIAL by Offeror, the information must be specifically included in the Confidential Information Designation Attachment and related documentation to be assessed for confidential treatment under A.A.C. R2-7-103.

1.0 Company Profile. The Offeror must include a narrative description of its organization. The narrative must include the following:

1.1 Brief overview of business operations, with an emphasis on experience in regards to the Scope of Work;

1.2 Location in which the Offeror is incorporated;

1.3 Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the Contract;

1.4 A Statement of whether, in the last five (5) years, the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details and current status;

1.5 A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) may impair the Offeror’s performance in a Contract under this Solicitation;

1.6 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation that may have a material impact on Offeror’s ability to deliver the contracted Services;

1.7 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation with a public sector client;

1.8 Full disclosure of any public sector contracts terminated for cause or convenience in the past five (5) years;

1.9 Full disclosure of any criminal or civil offense;

1.10 Offeror shall provide evidence of any Arizona required business license to provide these Services; AND

1.11 Offeror shall provide copies of any professional or industry certifications that represent the Services detailed in this Solicitation.

Offeror Response:

X

2.0 Company Experience

2.1 What market(s) are your current clients primarily in?

2.2 What experience do you have serving clients in business markets within the State of Arizona?

2.3 What is the range in size of your current clients?

2.4 Provide two (2) examples that exhibit your experience with Materials or Services for clients relevant to the Scope of Work? Provide supporting documentation as a separate attachment and title the document: “Attachment - Company Experience”.

2.5 In the last five (5) years, did any of your clients cancel their contracts with your company? If “yes”, why? Please provide as much detail as possible.

2.6 With what relevant trade and/or professional associations are you involved? How does this participation give you an advantage over your competition?

Offeror Response:

X

3.0 Financial/Accounting Information

Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the relevant Materials or Services throughout the term of the Contract. The latest two (2) years audited annual financial statements including total revenue, net income, and total assets must be submitted with the Offeror’s proposal. If audited financial data is unavailable, explain in full, the reason and provide the latest non-audited financial information including but not limited to balance sheet, income statement, as well as statements of cash flows, and change in financial position. Include information to attest to the accuracy of the information provided.

Offeror shall provide information regarding any irregularities that were discovered in any accounts maintained by the Offeror on behalf of others. Describe the circumstances and disposition of the irregularities.

Offeror Response:

Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22

Attachment J – Method of Approach

The Offeror shall provide a narrative response to each section that demonstrates their understanding of the Scope of Work requirements and describes the company’s overall method of approach for providing the Service(s) stated in this Solicitation. If there is a section that is not applicable to the Services required by the Scope of Work, you may mark it “N/A”.

Offeror shall provide a response either after each section or in a separate document entitled: “Attachment - Method of Approach.” If a separate document is used, please clearly designate each section and double-check to ensure that each question has been answered. If any information provided is considered CONFIDENTIAL by Offeror, the information must be specifically included in the Confidential Information Designation Attachment and related documentation to be assessed for confidential treatment under A.A.C. R2-7-103.

1.0 Clearly state your understanding of the Scope of Work and all requirements. Provide a description of an inter-organizational governance structure and communication process that will support a successful business relationship. Provide a description of how your organization tracks problem resolution responsiveness and end-user satisfaction in a quantifiable manner to ensure quality customer service.

2.0 Describe the process for communication with the State regarding contract administration, including but not limited to, product changes, price changes and updated vendor information and general communications.

3.0 Provide a narrative to the products available as well as list any availability for services if needed and state what those services are. Pricing for proposed services shall be listed on the State Pricing Document.

X

4.0 Describe the Offeror’s minimum warranties that are included for all their products and services and how warranty issues are remedied.

Offeror Response:

X

Solicitation Attachment – Method of Approach | Revision No. 1 | Revised 11-22 Attachment K – Price Sheet

Offeror shall complete Attachment “BPM00XX Pricing Document” and attach to their offer. To comply with system requirements, it is necessary to enter in a nominal dollar amount (i.e. $1.00) in the line item for pricing.

Quick Reference Guides are available for information on viewing a solicitation, submitting an offer and amending or withdrawing an offer through the Arizona Procurement Portal (APP). See the link below:

https://spo.az.gov/suppliers/app-support/quick-reference-guides

Solicitation Attachment – Price Sheet | Revision No. 1 | Revised 04-23 image1.jpg