BPM006951_Solicitation_Requirements.pdf

Request for Proposal under A.R.S. § 41-2534

Notice Page

Arizona Department of Emergency & Military Affairs

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 1 of 78

Solicitation Number: BPM006951

Description: DEMA Emergency Management Training

Solicitation Due Date and Time: May 30th, 2025 at 2:00PM (AZ)

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals 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.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Table of Contents Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM006951 DEMA Emergency Management Training

DEMA Emergency Management Training

Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 2 of 78 Click here to return to the Table of Contents

Notice Page

Table of Contents

Solicitation Summary

Scope of Work

Special Terms and Conditions

Addendum A to the Special Terms and Conditions

Addendum B to the Special Terms and

Conditions Uniform Terms and Conditions 10.5

Solicitation Summary

Solicitation No. BPM006951 DEMA Emergency Management Training

Arizona Department of Emergency & Military Affairs

Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 3 of 78 Click here to return to the Table of Contents

Solicitation Summary

1. What is the State Soliciting?

The Arizona Department of Emergency and Military Affairs, as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more single-agency Contracts on behalf of Arizona Department of Emergency & Military Affairs, and for their sole use, to provide Emergency Management Training.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion, that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM006951 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.2. Attachment: BPM006951 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance

2.1.3.2. Boycott of Israel Disclosure

Solicitation Summary

Solicitation No. BPM006951 DEMA Emergency Management Training

Arizona Department of Emergency & Military Affairs

Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 4 of 78 Click here to return to the Table of Contents

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.5. Conformance Statements and Exceptions Requests

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

Scope of Work

Solicitation No. BPM006951 DEMA Emergency Management Training

Arizona Department of Emergency & Military Affairs

Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 5 of 78

Click here to return to the Table of Contents

Scope of Work

Scope of Work

1. Purpose and Background

1.1. The purpose of this solicitation is to establish the State's Emergency Management Training Facilitation Services. This initiative aims to supplement the training provided by the Arizona Department of Emergency and Military Affairs Division of Emergency Management (DEMA/EM) staff to enhance the skills and knowledge of statewide preparedness and emergency services partners.

1.2. The State of Arizona is seeking to establish one or more statewide contracts to facilitate the delivery of Emergency Management training curriculum for these partners. By fostering professional development, the program seeks to improve emergency preparedness, response, and recovery efforts across the state. Any training provided by a vendor is intended to supplement the training currently provided by DEMA/EM. The selected contractor(s) shall:

1.2.1. Provide facilitation of Federal Emergency Management Agency (FEMA) curriculum as provided by the Customer to support statewide emergency preparedness and response efforts.

1.2.2. Ensure that the facilitation of FEMA curriculum, as provided by the Customer, effectively supports statewide emergency preparedness and response efforts. Course deliveries will incorporate real-life experience to enrich training, maintaining curriculum integrity while achieving all outlined course objectives.

Note: The terms “Eligible Entity,” “Eligible Agency,” and “Customer” are used interchangeably in this document and refer to statewide preparedness and emergency services partners.

1.3. To ensure effective emergency preparedness and response, the State needs to continue providing training consistent with national standards. This will ensure that preparedness and emergency services continue to develop and grow to support the state and the nation during man-made and natural disasters. Courses are presented utilizing a set national curriculum, then tailored for the specific community in which they are being delivered. Typical class sizes range from 30 to 50 students.

1.4. Training deliveries are identified through an event request received from the county or tribal jurisdiction and/or at the discretion of the state based on identified needs through an Integrated Preparedness Plan (IPP), training assessment, exercises, and drills, or real-world activations. There is no set rotation of courses as they are based on current needs.

2. Scope Summary

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2.1. The primary objective is to establish a pool of vendors capable of delivering emergency management curriculum across a broad range of disciplines and/or providing associated consultation services (e.g., curriculum writing, efficiency analysis, etc.).

2.2. Contractors must demonstrate experience in emergency management and/or incident response, specifically tailored to the area they will be teaching.

Additionally, they are required to have proven experience in instructing adult learners. All contractors are expected to adhere to the outlined general requirements below and in addition for each assigned course (attached), ensuring compliance with course objectives and standards.

2.2.1. Training provided by vendors is intended to complement the training currently offered by the Department of Emergency and Military Affairs Division of Emergency Management (DEMA/EM) staff.

2.2.2. Contractors shall provide proof of the following:

2.2.2.1. FEMA transcript or certificates showing completion of IS100, IS200, IS700, and IS800.

2.2.2.2. Proof of experience instructing adult learners.

2.2.2.3. Proof of completion of an adult teaching methodology course.

2.2.3. Contractors shall also provide proof of one of the following:

2.2.3.1. Arizona Qualification System (AQS) Gold Card -or-

2.2.3.2. AQS Gold Card Credential Letter -or-

2.2.3.3. National Wildfire Coordinating Group (NWCG) Incident Qualification Card -or-

2.2.3.4. Documentation of experience in emergency

management and/or incident response and experience instructing adult learners.

2.2.4. Contractors shall remain current within the training tracks they have qualified for through ongoing employment, volunteering, training, educational opportunities, and/or participation in exercises and real-world events.

2.2.5. Training courses shall be conducted in either a traditional classroom setting or via virtual instructor-led delivery, utilizing the standardized FEMA curriculum. Contractors must possess thorough knowledge of the subject matter and comply with the Plan of Instruction (POI) for each assigned course. Both delivery

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Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 7 of 78 methods shall incorporate widely accepted and effective adult learning methodologies, with a focus on blended instructional approaches, innovative learning technologies, and supporting strategies.:

● Self-Directed Learning

● Experiential Learning

● Action Learning

● Active Learning

2.2.6. Classroom learning experiences should be intentionally designed to actively engage adult learners, creating an environment that enhances knowledge retention and promotes effective skill development.

2.2.7. Contractor shall abide by the established minimum and maximum class or group sizes to optimize the learning success of the participants.

2.2.8. Training Tracks:

● Communications

● Community Emergency Response Teams (CERT)

● Emergency Management Instructor Skills

● General Emergency Management

● Hazardous Materials

● Homeland Security Exercise and Evaluation Program (HSEEP)

● Incident Command System Courses

● Mass Care, Housing and Human Services

● NIMS ICS All-Hazards Position Specific

● Public Information

● Mitigation and Recovery

● School Safety

● Weather and Warning Coordination

2.2.9. Materials / Curriculum Courseware

2.2.9.1. The Customer will provide the curriculum to the

Contractor and must be utilized and delivered in full compliance with both DEMA and FEMA requirements.

Any additions or modifications to the established curriculum, tailored to fit Arizona-specific or jurisdictional needs, must receive prior approval from DEMA/EM and shall be included in the overall cost of

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Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 8 of 78 the class/course.

2.2.9.2. Customized Curriculum Courseware - Pricing of the

materials shall be negotiated, agreed upon in writing and signed by authorized representatives of both parties (Customer and Contractor) prior to the start of course and/or material delivery.

2.2.9.3. Customer provided Materials – If the Contractor is

required to use materials provided by the Customer, the Contactor will receive said materials from the Customer at least five (5) working days from start of a Contractor facilitated Class/Course.

2.2.10. Cancellation

2.2.10.1. Notice of cancellation shall be made in writing.

2.2.10.2. Contractor Cancellation – Contractors may

cancel or withdraw from teaching scheduled classes up to fourteen (14) days prior to the scheduled start time and date of training for all delivery methods, unless otherwise agreed upon between the Customer and the Contractor. See below for Cancelation due to Emergency Situations.

2.2.10.3. Should a Contractor have an instructor who is no

longer able to instruct the class they can replace this instructor with another approved instructor who meets all the qualifications. Notification must be made to the Customer in writing and agreed to by both parties.

2.2.10.4. Customer’s Cancelation (Standard Notice) – The

Customer shall provide notice of cancellation to the Contractor at least forty-eight (48) business hours prior to the scheduled start time and date of training.

2.2.10.5. Both Parties Cancelation (Emergency Situations)

– In the event of an emergency—such as instructor shortage, low student enrollment, facility issues, or jurisdictional conflicts—the Customer shall provide notice of cancellation as soon as possible.

2.2.10.6. Both Parties (i.e. Customer and Contractor) may

mutually agree to reduce or increase the notification period by processing a Change Order to the Training Plan. The Change Order must be signed by authorized individuals from both parties.

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2.2.10.7. Contractor shall not be compensated for services

not provided.

2.2.10.8. Customized Work Product – The cost of

development of the work product is as of the date on which the Contractor was notified in writing (includes email) by an authorized Customer representative of the cancellation

2.2.10.8.1. Services provided shall be available

statewide, unless otherwise specified by the State.

2.2.10.8.2. During the Term of this Contract, additional training, professional services and/or consulting services may be added as Customer, Local/State/Federal requirements, standards, or needs change.

Any additions/revisions/deletions shall be via a Contract Amendment.

2.3. Training and Professional Development Services may be either Structured or Customized

2.3.1. STRUCTURED means that the curriculum, materials, delivery formats, and method(s) of delivery, have already been developed, tested, and successfully provided in other situations outside of this Contract (e.g. Off-the-Shelf), with little or no revision in order to meet the requirements of the Customer.

2.3.2. CUSTOMIZED means that curriculum, materials, delivery

formats, and method(s) of delivery are developed for the specific requirements of the Customer.

2.3.2.1. Customized training may be requested in response to

localized hazards (e.g., monsoon flooding, wildland-urban interface fires) and should reflect community-specific risks and response capabilities.

3. Scope of Services

3.1. TRAINING - PROFESSIONAL DEVELOPMENT and-or RELATED

CONSULTATION CATEGORIES

The Contractor may provide services that fall under one or more of the following categories. Contractors must meet the specific requirements for

Solicitation No. BPM006951 DEMA Emergency Management Training

Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 10 of 78 each track of courses as outlined in the attached documentation. In certain instances, Contractors must also be qualified and approved by FEMA, the Arizona Department of Homeland Security, or other qualifying entities.

Instructors will receive the curriculum and instructor guides for any class they are approved to instruct. This curriculum is owned by FEMA and managed by the DEMA/EM Training Branch. It is not to be utilized for any other purpose, including being sold or profited from. Only courses delivered in accordance with FEMA and DEMA requirements will be honored.

Below is the current list of courses, which is subject to change based on FEMA curriculum writers and training needs assessed nationwide. This may result in updates to the current standard curriculum and/or the development of additional curriculum.

Customized curriculum may be requested by the Customer to supplement the list below or meet emerging training needs based on current identified state training needs.

Track Courses Communications • C990: Communications Unit Technician

• C992: Auxiliary Communications

• C1902: Radio Operator

• C1903: IT Service Unit Leader (ITSL)

• C994: Incident Communications Center Manager (INCM)

• C997: Incident Tactical Dispatcher (INTD)

Community Emergency Response Teams (CERT)

• G317 – Basic Community Emergency Response Team

(CERT)

• G427 – CERT Program Manager

• G428 – CERT Train-the-trainer

Emergency Management Instructor Skills

• G141 - Instructional Presentation & Evaluation Skills

General Emergency Management

• L101 – National Emergency Management Basic Academy - Foundations of Emergency Management

• L103 – Planning: Emergency Operations Hazardous Materials • U100: Hazardous Materials Awareness

• U200: Hazardous Materials Operations

• U300: Hazardous Materials Technician

Homeland Security Exercise and Evaluation Program

(HSEEP)

• L146: Homeland Security Exercise and Evaluation Program

Incident Command System • G300: Intermediate Incident Command System

• G400: Advanced Incident Command System

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• G402: Incident Command System for Senior Officials (Executives, Elected, & Appointed)

• G191: Incident Command System/Emergency Operations Center (ICS/EOC) Interface

• G2300: Intermediate Emergency Operations Center Functions

Mass Care, Housing and Human Services

• G108: Community Mass Care and Emergency Assistance

• G288: Local Volunteer and Donations Management

• G386: Mass Fatality Incident Response

NIMS ICS All-Hazards Position Specific

• L950: Incident Commander

• L952: Public Information Officer

• L954: Safety Officer

• L956: Liaison Officer

• L958: Operations Section Chief

• L960: Division/Group Supervisor

• L962: Planning Section Chief

• L964: Situation Unit Leader

• L965: Resource Unit Leader

• L967: Logistics Section Chief

• L969: Communications Unit Leader

• L970: Supply Unit Leader

• L971: Facilities Unit Leader

• L973: Finance/Admin Section Chief

• O305: Incident Management Team

Public Information • L105: Public Information Basics Recovery and Mitigation • G205: Recovery from Disaster: The Local Community Role

• G358: Evacuation and Re-Entry Planning

• G372: Flood Response Operations

• G393: Mitigation for Emergency Managers

• G556: Local Damage Assessment

• G557: Rapid Needs Assessment

School Safety • G360: Preparing for Emergencies – What K-12 School Staff Need to Know

• G361: Multi-Hazard Emergency Planning for K-12 Schools

• E/G/L362: Training the Trainer for K-12 Schools Curriculum

Weather and Warning Coordination

• G271: Hazardous Weather and Flooding Preparedness

• G272: Warning Coordination

3.2. TRAINING DELIVERY FORMATS

3.2.1. Onsite Classroom – In-person instructional sessions held at a

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State or Cooperative Agency facility, chosen location, or trainee’s designated site.

3.2.2. Offsite Classroom – In-person instructional sessions conducted at the hosting agency’s facility.

3.2.3. Train-the-Trainer (TtT) – Focused on transferring the knowledge and skills needed by prospective trainers to effectively deliver a specified learning curriculum and experience.

3.2.4. Virtual Instructor-Led Training (VILT) - Training delivered by an instructor to a group of participants via an online communication platform. Like traditional instructor-led training, VILD is synchronous, collaborative, and conducted in real-time.

3.2.4.1. Cybersecurity - To ensure the security and privacy of all participants in our virtual instructor-led courses the use of AI-powered notetaking tools during classes is strictly prohibited to maintain confidentiality and prevent unauthorized data collection.

3.3. STATEWIDE TRAVEL

3.3.1. Contractors must be willing and able to travel to locations throughout the State of Arizona, including rural and tribal communities (coverage of all 15 Arizona counties and 22 tribes), for course delivery.

3.3.2. Contractors shall be responsible for securing their transportation, lodging, and meals. Reimbursement for travel-related expenses shall follow the Arizona Department of Administration’s State Travel Policy, and all expenses must be pre-approved in writing by the Customer.

3.3.3. Contractors must factor travel readiness into their instructor pool and maintain the capacity to meet delivery demands across geographic locations. Failure to fulfill travel expectations may impact on contract standing.

3.4. CURRICULUM DELIVERABLES

All Training and Professional Development materials, whether for Structured Curriculum or Customized Curriculum, must include the following at a minimum:

3.4.1. Pre-Training, During Training and Post-Training

● Contractors shall contact and coordinate with each other at least two (2) weeks prior to the first day of the training track.

• Determine who will contact the host agency’s point of

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Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 13 of 78 contact (POC) to coordinate and collaborate on any requirements to deliver the training track. This includes the times the instructors will arrive and depart from the training facility each day, who will be providing access each day to the classroom, who will be the audio/visual equipment POC, ensure the audio/visual equipment and other resources are available.

● Contractors shall print the appropriate number of student sign-in sheets (one per day) for the training event and sign each day verifying it is correct.

● Contractors shall deliver all training track curriculum in a professional matter and according to the POI.

● Each instructor shall have electronic versions of the training presentation and other materials. Instructors are encouraged to bring and share samples of actual Incident Action Plans (IAP), media releases, mutual aid agreements, After Action Reports/Improvement Plans (AAR/IP), Integrated Preparedness Plans (IPP), etc.

● Instructors should arrive at the training facility at least thirty (30) minutes prior to each day of class. Instructors should ensure that the classroom is properly set up, and all audio/visual equipment is properly operating, and all training materials are appropriately distributed to the students.

● Instructors should provide opening remarks to include:

• Acknowledgement of DEMA/EM and host agency sponsorship.

• Introduction of any SMEs, guest speakers and dignitaries.

• Learning objectives.

• How students will receive their Certificate of Completion.

• Safety briefings including fire exits, evacuation procedures and marshaling area. The instructor should also remind students to keep all walking areas free of obstructions. The message should be reiterated each day of class.

• Provide any administrative announcements such as restrooms, smoking and breakroom areas.

● Instructors are to adhere to the curriculum hours for each training event, or the hours specified by Training Branch. Slight alterations may be made if circumstances warrant but taking excessive breaks or long lunches is not to be used as a tool to fill time to meet curriculum hours. An hour early at the end of the day may be acceptable as an exception but should not be the standard.

● There shall always be at least one instructor in the classroom, except during lunch break. The non-presenting instructor shall not conduct any activities that may distract from the presentation of the training track materials.

● Except for scheduled breaks, both instructors must always be

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Solicitation Requirements | Revision No. 9 | Revised 09-24 | Page 14 of 78 present in the classroom except for short personal breaks and/or to take care of class-related tasks (making copies, talking to host, converse privately with student, etc.)

● Many of the training tracks require the students to take a pre-exam and a post exam (a.k.a. final exam). The pre-exam scores do not count towards the student’s final score for the training.

• The minimum passing score on the post examination is seventy-five (75%) percent, unless otherwise noted in the curriculum.

• Students will be given additional opportunities to take the post examination until they achieve the minimum passing score.

• It is the goal of the Contractor to ensure each student achieves the minimum passing score for the training event.

Instructors shall review the training materials with those students that did not achieve the minimum passing score.

If, in the instructor’s professional opinion, the student does in fact comprehend the materials, the instructor may use their discretion to re-administer the exam or give the student the minimum passing score. If the Contractor does not feel the student’s comprehension has improved after sufficient review of the material, the Contractor shall mark the student as “failed” in the DEMA/EM registration system.

● Instructors should contact Training Branch for guidance on student issues and/or concerns.

● Verification of participants' attendance through completed sign-in sheets or a comparable record for e-learning sessions.

● Upon completion of daily instruction, the Contractors shall ensure security and integrity of the classroom and training facility.

● Contractors are required to record grades (if applicable) and update student completion status within the DEMA/EM registration management system within forty-eight (48) hours following the conclusion of the training event.

● Contractors must return all course evaluations and relevant materials, including pre- and post-exams, sign-in sheets, evaluations, and any additional training materials, to designated Customer contact no later than five (5) business days after the course has been delivered.

● Contractors shall support hybrid delivery formats when requested and ensure instructor proficiency in the selected virtual platform.

3.5. TRAINING CONSULTATION SERVICES – State may have a need to consult a Training and/or Professional Development expert to assess gaps in current agency training curriculum or consult to create a new Training and/or Professional Development training program.

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3.5.1. There shall be a written Statement of Work, agreed upon and signed by both the Customer and Contractor, which contains:

3.5.1.1. A description of the Consultation Services to be

performed;

3.5.1.2. The objectives and deliverables;

3.5.1.3. The duration in hours to complete the services;

3.5.1.4. The Contractor’s Key Staff Contact who is also

authorized to develop and process Change Orders and make day-to-day decisions, as needed;

3.5.1.5. The Customer’s Key Staff Contact who is also

authorized to develop and process Change Orders and make day-to-day decisions, as needed; and,

3.5.1.6. Other items as determined needed by the Customer

and agreed to by the Contractor.

3.5.2. Contractor shall submit written progress / completion report(s), including but not limited to the following items. The Customer shall have the final approval of report content, frequency of reporting, and report submission deadlines.

3.5.2.1. Accomplishments based on deliverables;

3.5.2.2. Problem identification; and,

3.5.2.3. Recommendation(s) regarding Problem resolution.

4. Performance

4.1. Professionalism

4.1.1. Contractors shall abide by all rules, standards, and policies of the State of Arizona and the Department of Emergency and Military Affairs.

4.1.2. Contractors shall always conduct themselves professionally when representing DEMA/EM. This includes interactions with students, host staff, and other local agency personnel in classrooms, hallways, break areas, surrounding offices, and during breaks, meals, or encounters before and after class.

4.1.3. Contractors shall not make political statements, use suggestive or foul language, or make comments that discriminate against any individual based on sex, race, disability, sexual orientation, religious belief, or age.

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4.1.4. A contractor found to be intoxicated, impaired, or causing physical harm to anyone during class will have their instructor authorization immediately revoked and will be removed from the training facility.

4.2. Dress Code

4.2.1. General Attire: Instructors shall wear business, business casual, or department uniforms. Acceptable items include slacks, khakis, skirts, pantsuits, dresses, etc.

4.2.2. Shirts: Shirts (dress shirts, blouses, or polo shirts) must be plain or display the DEMA/EM logo/wording, a government agency logo/wording, or a volunteer agency logo/wording. No offensive or controversial graphics, language, or slogans (e.g., political, religious, racial, etc.) are permitted.

4.2.3. Outdoor, Field, or Laboratory Activities: Appropriate attire must be worn while maintaining a professional appearance. This may include suitable safety attire or personal protective equipment

(PPE).

4.3. Monitoring

4.3.1. The DEMA/EM Training Branch will monitor contractor

performance through student evaluations, in-person observations, and host agency feedback.

4.3.2. The DEMA/EM Training Branch will conduct periodic, no-notice instructor evaluations during course deliveries.

4.3.3. Contractors who receive multiple negative verbal or written critiques from course hosts, students, and/or DEMA staff, indicating a lack of professionalism, subject matter expertise, substandard presentation of the material, and/or failure to comply with any of the requirements within this document, are subject to not being awarded future contracts and/or having their current contract terminated.

END OF SCOPE OF SERVICES

Special Terms and Conditions

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The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document Titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model (LLM) AI.

1.4. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.5. Arizona Risk and Authorization Management Program (AZRAMP): is used by the Arizona Department of Homeland Security to evaluate Cloud services and Contractors that will transfer, process, or store state data outside of state-managed or controlled networks, and has three levels of control review:

1.5.1. AZRAMP Level 1 Prerequisite: 35 Controls

1.5.2. AZRAMP Level 2 Low Impact: Public Data Classification

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1.5.3. AZRAMP Level 3 Moderate Impact: Confidential Data Classification

1.6. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.7. Attachment. Any item that:

1.7.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.7.2. Was attached to an Offer when submitted; and

1.7.3. Was included in the Accepted Offer.

1.8. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

1.9. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.10. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.11. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.12. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a “Cooperative Purchasing Agreement” with the Arizona Department of Administration State Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section 501(c)(3) through 501(c)(6) of the tax code.

1.13. Data Breach: Data Breach is used herein as defined as stated in A.R.S. DEMA Emergency Management Training 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized https://azdor.gov/transaction-privilege-tax-tpt

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1.14. Eligible Agency:

1.14.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.14.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.14.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.15. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.16. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.17. NIST: NIST is the National Institute of Standards and Technology. For more information, see https://www.nist.gov/.

1.17.1. NIST Low Impact: If a Contractor may process, transmit, or store Public State Data (per State Data Classification Policy P8110), metadata, and/or Data that may be released to the public that requires no additional levels of protection during its work under the Contract, or as directed by the State Chief Privacy Officer (Arizona Department of Homeland Security Governance, Risk, and Compliance team), then the Contractor shall comply with NIST Low Impact security controls.

1.17.2. NIST Moderate Impact: If a Contractor may process, transmit, or store Confidential State Data (per State Data Classification Policy P8110) or metadata during its work under the Contract, then the Contractor shall comply with NIST Moderate Impact security controls.

1.18. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The https://www.nist.gov/

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Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.19. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.20. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.21. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.22. StateRAMP: A non-profit organization that provides a uniform approach to verifying that the cybersecurity of Cloud service providers (CSPs) meets the standards and regulations needed to do business with state and local governments.

1.23. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

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2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, 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.

2.2.2.1. Contract Amendments;

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2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the

Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror Data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve (12) months unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. State shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for “General Mailing Address” in Contractor’s corresponding State’s eProcurement System

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Vendor Profile; and address any required notices to Contractor to the “Contact Name and DEMA Emergency Management Training” at the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To State. Contractor shall address all Contract correspondence other than formal notices to the email address indicated in “Contact Instructions” in the State’s eProcurement System Summary for State; and address any required notices to State via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System.

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures (or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

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3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing Data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section 3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency or Co-Op Buyer purchasing. Upon request by the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records…