Solicitation No. BPM006983 Project Name: ADVS-Marana-Veterans Memorial Cemetery

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division 1400 W Washington St., Ste. B200

Phoenix, AZ 85007

INVITATION FOR BIDS

BID DUE DATE: JULY 17, 2025

BID DUE TIME: 3:00 p.m., ARIZONA TIME

Pre-Bid Conference: July 1, 2025 10:00 am (Arizona Time) 15950 N. Luckett Rd Marana, AZ 85653 https://maps.app.goo.gl/UjK5Ggcf33JniNee6 Questions Due: July 11, 2025

Documents, Information and Submission of Offers w ill only be accepted via the State’s e-procurement portal APP.

https://maps.app.goo.gl/UjK5Ggcf33JniNee6

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

TABLE OF CONTENTS

BID AND CONTRACT DOCUMENTS

SECTION A - SOLICITATION SUMMARY

SECTION B - INFORMATION FOR OFFERORS

SECTION C - SPECIAL TERMS AND CONDITIONS

SECTION D - UNIFORM TERMS AND CONDITIONS

SECTION E - ISSUED FOR CONSTRUCTION PLAN SET

SECTION F - TECHNICAL SPECIFICATIONS

REQUIRED FORMS

ATTACHMENT A - OFFER AND ACCEPTANCE FORM

ATTACHMENT B - BID SCHEDULE (PRICING DOCUMENT)

ATTACHMENT C - ARIZONA STATUTORY BID BOND

ATTACHMENT D - BIDDER’S STATEMENT OF QUALIFICATIONS

ATTACHMENT E - HAZARD COMMUNICATION PROGRAM

ATTACHMENT F - ISRAEL BOYCOTT FORM

ATTACHMENT G - ETHNIC UYGHURS BAN

ATTACHMENT H - Form VA40-0895-12

AGREEMENT & EXHIBITS

EXHIBIT A - SAMPLE CONSTRUCTION CONTRACTOR AGREEMENT

EXHIBIT H - APPLICATION FOR PAYMENT

EXHIBIT I - FIELD ORDER DIRECTIVE

EXHIBIT J - CONSTRUCTION CHANGE ORDER

EXHIBIT K - SUBSTANTIAL COMPLETION CERTIFICATE

EXHIBIT L - FINAL COMPLETION CERTIFICATE

EXHIBIT M - PROJECT CLOSEOUT

EXHIBIT N - ARIZONA STATUTORY PAYMENT BOND

EXHIBIT O - ARIZONA STATUTORY PERFORMANCE BOND

EXHIBIT P - CONDITIONAL WAIVER

EXHIBIT Q - UNCONDITIONAL WAIVER

EXHIBIT R - SCHEDULE OF VALUES

EXHIBIT S - AUTHORIZED USE OF ALLOWANCE

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division 1400 W Washington St., Ste. B200

Phoenix, AZ 85007

ADDITIONAL EXHIBITS

Exhibit 1 BABAA-Language-for-Project-Manual-(as-of-01.2024)

Exhibit 2 - Wage Decision Number AZ20250040 06202025

Exhibit 3 - 29 CFR Part 5

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

SECTION A

SOLICITATION SUMMARY

SOLICITATION NO.: BPM06982

PROJECT NAME: ADVS-Marana-Veterans Memorial Cemetery Expansion

AGENCY PROJECT NO: PCS-25-066

BID DUE DATE: July 17, 2025

BID DUE TIME: 3:00 p.m., ARIZONA TIME

WHAT THE STATE IS SOLICITING:

The Arizona Department of Administration, General Services Division (the State), as authorized under A.R.S. § 41-2501 is seeking to establish a contract to satisfy the needs of the Department of Veteran Services. The Contractor shall provide all transportation, delivery labor, material, equipment, general conditions, overhead and profit, quality control, and permitting for the ADVS-SIERRA VISTA-SOUTHERN ARIZONA VETERANS' MEMORIAL

CEMETERY EXPANSION.

PROJECT DESCRIPTION:

Expansion of two (2) new in-ground cremation gravesite sections with one thousand and fifty (1050) cremation grave sites per section. The addition of one (1) new flower and water station in the expansion area. New expansion areas will be xeriscaped per the plans and specifications. Site signage will need to be updated to show the new expansion areas, physical and digital maps. Service branch emblems will need to be reconfigured at the committal shelter to include the Space Force Emblem, Stucco walls will need to be repaired and painted where emblems were removed.

The contractor will be responsible for all third-party inspections, crypt verification, load testing and protections, per the National Cemetery Association guidelines.

This is a federally funded project. Please review all documents included in this solicitation carefully, and prepare bids accordingly.

HOW THE STATE ANTICIPATES CONTRACTING:

The State reserves the right to award the base bid and any combination of alternates that is

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division 1400 W Washington St., Ste. B200

Phoenix, AZ 85007 deemed most advantageous to the State in determining the lowest responsible and responsive bidder. The State may reject any or all bids if such action is in the State's best interest. The State may waive informalities and minor irregularities on bids received. Whether or not it actually enters into any contract and how work is awarded is at the State’s discretion.

Further, the State makes no guarantee as to its actual spending under any contract.

HOW AND WHEN BIDS ARE DUE:

Bids will only be accepted online in the “APP” system at https://app.az.gov until the “Bid Due Date” indicated in APP for the Solicitation No. shown at the top of this page. Bids must be in the State Procurement Office’s possession online no later than that deadline. Bids received by the correct time and date will be opened and the name of each Offeror will be publicly available. Bids will not be subject to public inspection until after contract award.

LATE BIDS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete bids caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in APP.

OFFERORS SHOULD READ THE ENTIRE SOLICITATION CAREFULLY.

PRE-BID CONFERENCE:

State WILL conduct a NON-MANDATORY Pre-Bid Conference/Site Visit for this Solicitation to be held on July 1, 2025 at 10:00 AM (Arizona Time) 15950 N. Luckett Rd Marana, AZ 85653.

https://maps.app.goo.gl/UjK5Ggcf33JniNee6 Refer to the Information for Offerors for more information.

OFFER VALIDITY PERIOD:

You must hold the Offer open for 90 (ninety) days after the “Bid Opening Date” indicated in the APP. Refer to the Information for Offerors for more information.

REQUIRED PRICING:

All items to be priced in IFB Forms ATT B Bid Schedule.

EVALUATION CRITERIA:

In accordance with A.R.S 41-2533 Competitive Sealed Bidding and the Information for Offerors.

https://maps.app.goo.gl/UjK5Ggcf33JniNee6

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

BID REQUIREMENTS:

BONDS:

Bid Bond: 10% Labor and Material Bond: 100% Faithful Performance Bond: 100%

ESTIMATED PROJECT DURATION:

24 calendar months after Notice to Proceed.

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

SECTION B

INFORMATION FOR OFFERORS

1.0 Definition of Terms

1.1. Arizona

Procurement Code;

A.R.S.;

A.A.C.

“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. Attachment “Attachment” means any item in of the Solicitation Documents that an Offeror is required to submit as part of the Offer.

1.3. Bidder “Bidder” shall have the same meaning as “Offeror” as used in these documents.

1.4. Clarifications “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.

1.5. Evaluation “Evaluation” means, per A.A.C. R2-7-B312, the process whereby the Procurement Officer will determine which Responsive Offers, revised Offers, and best and final Offers are the most advantageous to State taking into consideration the evaluation factors set forth in the Solicitation Documents.

1.6. Exhibit, Section “Exhibit” and “Section,” is defined as forming part of the contract.

1.7. Not Susceptible for

Award

“Not Susceptible for Award” means, that the relevant Offer has been determined by the Procurement Officer to fail one or more of the tests and comparisons set forth therein. NOTE: A determination of Not Susceptible for Award and a determination of Responsive are mutually exclusive.

1.8. Offer A response to a solicitation that, if accepted, would bind the Offeror to honor what was submitted.

1.9. Offeror “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 “Offeror’s” throughout these Instructions to Offerors.

1.10. Person “Person” is defined in paragraph 1.56 of the Uniform Terms and Conditions.

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

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

1.11. Pricing Document “Pricing Document” means ATTACHMENT B-BID SCHEDULE of the Solicitation Documents to be uploaded into the APP Items Tab unless otherwise specified in ATTACHMENT B.

1.12. Responsible;

Not Responsible

“Responsible” [Offeror] means, per A.R.S. § 41-2531(14), that the relevant Offeror has been determined by Procurement Officer to have the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. “Not Responsible” means that it does not (i.e., Procurement Officer has made a negative determination).

1.13. Responsive “Responsive” [Offer] means, following from A.R.S. § 41-2531(15), that the relevant Offer has been determined by Procurement Officer to conform in all material respects to the Solicitation requirements.

1.14. Solicitation

Amendment

“Solicitation Amendment” means, per A.A.C. R2-7-B303, a change to the Solicitation that has been issued by Procurement Officer.

1.15. Solicitation

Summary

“Solicitation Summary” means Section A of the Solicitation Documents.

1.16. Solicitation

Documents

“Solicitation Documents” means the documents that form the Solicitation, and which are divided for ease of reference and administration into “Sections” and “Exhibits.”

2.0 Solicitation Inquiries

2.1. Duty to

Examine Examine the entire Solicitation, obtain clarification in writing for any questions or concerns by submitting inquiries, and examine your Offer thoroughly and carefully for completeness and accuracy before submitting it. Lack of care in preparing an Offer will not be grounds for modifying or withdrawing it after the due date and time.

2.2. Submission of

Objections

Submit any objection to the Solicitation no less than 5 (five) business days before the Bid Due Date and Time.

NOTE: An objection under this paragraph is not a protest under A.A.C. R2-7-A901 (although it might reflect an incipient protest), and therefore Procurement Officer’s response to one is not a determination under A.A.C. R2-7-A901.

2.3. Submission of

Potential Exceptions

If you want Procurement Officer to review and advise on any potential (i.e., pre-Offer) exceptions to the Solicitation Documents, then submit them no less than 5 (five) business days before the Bid Due Date and Time. Although you may, if you so choose, submit an Offer with exceptions in writing included in the submission, doing so may affect whether or not the Offer is determined Responsive or how it is scored in Evaluation (depending on the nature of the exception). Procurement Officer’s pre-Offer advice as to whether or not a potential exception might be deemed material (and thus likely resulting in a determination of Not Susceptible for Award) or might affect Evaluation (if it is significant but not material) is for convenience only – only a determination consistent with the Arizona Procurement Code is an official statement.

2.4. Submission

of Inquiries

Submit all inquiries related to the Solicitation in APP; the Procurement Officer will not respond to inquiries received in any other manner.

1. Submit technical inquiries about submitting Offers in APP to the APP Help Desk:

2. by phone at (602) 542-7600, option 1; or

3. by email to APP@az.gov.

mailto:APP@az.gov

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

4. Submit all other inquiries about the Solicitation using the online form under the

“Discussion” tab for the Solicitation in APP. Always refer to the appropriate Solicitation document by page and paragraph number. Except for technical inquiries about submitting Offers, State is not responsible for responding to any inquiries submitted less than 5 (five) business days before the Bid Due Date and Time.

2.5. State 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 APP Help Desk, do not contact any State personnel other than Procurement Officer concerning the Solicitation while it is in progress, through and including award.

2.6. Verbal or Email

Responses

Do not rely on verbal or email responses to inquiries – those do not constitute a modification of the Solicitation.

2.7. Solicitation

Amendments

Only a Solicitation Amendment issued in APP can change the Solicitation.

2.8. Pre-Offer

Conference

If the Solicitation Summary indicates that State will hold a Pre-Offer Conference, then the conference date, time and location are provided in APP. The Solicitation Summary also indicates whether or not attendance at the conference is a mandatory. If it is mandatory, then attendance at the conference is a prerequisite for the Offer to be Responsive. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting Procurement Officer sufficiently in advance to make the necessary arrangements.

3.0 Offer Preparation

3.1. Online Documents The Solicitation Documents are only provided online in APP; State will not provide any printed copies or other formats.

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 before submitting files in any other format.

3.3. Deviations in Offer When submitting an Offer, flag clearly any deviations from the Specifications or other Solicitation technical requirements documents. Any un-flagged 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 material exceptions.

3.4. Evidence of Intent Every one of your Offers must contain Attachment A [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. 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 ATTACHMENT D [BIDDER’S

STATEMENT OF QUALIFICATIONS].

If you intend to withhold or redact any element of your evidence of insurance policy compliance required by 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.

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

Unless Procurement Officer has determined that your evidence documentation, or some or all your insurance program, is confidential information, 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.

If you want to vet your proposed redactions with Procurement Officer before submitting an Offer, submit them no less than 5 (five) business days before the Offer due date and time using the inquiries procedure set forth in this Solicitation. Although you may, if you so choose, submit an Offer conditioned on redactions, doing so may affect whether or not the Offer is determined Responsive or how it is scored in Evaluation (depending on the nature of the redactions).

Procurement Officer’s pre-Offer advice as to whether or not a potential redaction might be deemed material (and thus likely resulting in a determination of Not Susceptible for Award) or might affect Evaluation (if it is significant but not material) is for convenience only – only a determination consistent with the Arizona Procurement Code is an official statement

3.6. Alternative

Insurance Program

If your Offer is conditioned on an alternative insurance program (i.e., one that is not made up of traditional, placed policies in the form and substance called for in the Special Terms and Conditions, such as self-insurance), then you must submit a comprehensive description of your proposed program as a supplement to the Offer. In that supplement, document how your alternative program provides State a materially equivalent degree of protection compared to the mandatory program specified in the Solicitation.

Procurement Officer shall determine whether or not the proposed alternative program meets State’s protection needs in the current circumstances, giving fair consideration to the growing use of alternative programs in industry. If Procurement Officer’s reasonable determination is that the proposed alternative program does not meet those needs, then he or she may determine Offeror to be Not Responsible.

If you want to vet your proposed alternative insurance program with Procurement Officer before submitting your Offer, submit them no less than 5 (five) business days before the Offer due date and time using the inquiries procedure set forth in this Solicitation. Although you may, if you so choose, submit your Offer conditioned on an alternate program, doing so may affect whether or not the Offer is determined Responsive or how it is scored in Evaluation (depending on the nature of the variances).

Procurement Officer’s pre-Offer advice as to whether or not the potential variances might be deemed material (and thus likely resulting in a determination of Not Susceptible for Award) or might affect Evaluation (if it is significant but not material) is for convenience only – only a determination consistent with the Arizona Procurement Code is an official statement.

3.7. Identification of

Taxes in Offer

State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use taxes. Identify taxes in your pricing as separate items by amount or by rate, as applicable when submitting pricing.

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 the exemption applies to the Work.

3.9. Tax

Identification

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

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division 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 Procurement Officer to determine that the Offer is Not Susceptible for Award.

3.12. Cost of Offer

Preparation

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

4.0 Submission of Offer

4.1. Required Offer

Content Submit all of the Initial Offer content called for in ATTACHMENT A-OFFER AND ACCEPTANCE FORM to be Responsive.

4.2. Attachment Forms If the Solicitation Summary indicates that a “Form” is being provided for an Attachment, then the Solicitation includes the required form and format for submitting the Attachment. No other form or format will be accepted, and your Offer can be determined to be Not Susceptible for Award if you submit an unofficial form.

If, however, the Solicitation Documents indicate that you are allowed to attach additional documents regarding a particular question or line item, then doing so will be acceptable so long as the filled-out Attachment clearly states “See Attachment X Supplement (#1 of 2)”, etc., and the additional document is clearly marked as “Attachment X Supplement (#1 of 2),” etc.

NOTE (1): You must upload each such “additional” document as an individual file and name the file to match the document title.

NOTE (2): Attachment Forms cannot be filled-in directly in APP; they must be downloaded, edited, and then uploaded (referred to as “attachments” in APP) as part of each Offer.

NOTE (3): Do not include non-specific marketing materials in an Offer. If something is not specifically called for, then including it will not be helpful during Evaluation, and might in fact be grounds for down-grading if it does not address your experience and capacity to carry out the work for this Solicitation.

4.3. Pricing A Pricing Document has been provided as an Attachment Form, submit pricing for the Offer in the indicated blanks in that Attachment with the other required Attachments. Unless the Solicitation Summary indicates otherwise, each Offer must include a price, rate, multiplier, or discount for every blank field in order to be determined Responsive.

The Pricing Document contained in the Solicitation will provide specific instructions for providing pricing for that Solicitation.

4.4. Submission Submit each Offer online in APP at https://app.az.gov before the “Bid Due Date” indicated for the “Solicitation No.” at the top of these Instructions to Offerors. State will not consider an Offer submitted by any other method other than APP, 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 Offers caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in APP. If your Offer is not submitted correctly, completely, and in conformance to these https://app.az.gov/

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

Instructions and the Solicitation Summary, then Procurement Officer may determine it Not Susceptible for Award.

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

4.5. Solicitation

Amendments

Acknowledge each Solicitation Amendment in APP. By A.A.C. R2-7-B303(C), you must acknowledge every Solicitation Amendment issued as of the due date and time for an Offer to be Responsive. If you have submitted your offer early, you must be alert for subsequent Solicitation Amendments – if one is issued after your submission but before Offer due date and time, then the Procurement Officer may determine the Offer to be Not Responsive if you have not acknowledged it.

4.6. Amending or

Withdrawing

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

4.7. Bid Security Each Bid must be accompanied by certified check, cashier's check, or a Bid Bond prepared on the form attached hereto or on a similar form acceptable to the Owner, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of ten percent (10%) of the Bid. Bid Bonds shall be valid for at least ninety (90) days after the date of the receipt of Bids. Such cash, check or Bid Bond will be returned to all except the three (3) lowest Bidders within fifteen (15) business days after the opening of Bids. The remaining checks, or Bid Bonds will be returned promptly after the Owner and the accepted Bidder have executed the Contract, or if no award has been made within ninety (90) days after the date of the opening of Bids, upon demand of the Bidder at any time thereafter, so long as he has not been notified of the acceptance of his Bid.

The successful Bidder, upon his failure or refusal to execute and deliver the Contract, Bonds, and certificates required within ten (10) calendar days from the date of the Notice of Award, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the difference between his bid and the amount of the contract actually entered into with another party should he not enter into a contract at the bid price and provide the required payment and performance bonds and certificates of insurance. Liquidated damages for failure to enter into the contract shall not exceed the amount of the Bid Bond.

4.8. 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:

1. Include a supplemental document with your Offer that indicates in writing that your Offer contains such claimed confidential information; and

2. designate clearly throughout the Offer each instance of that trade secret or other proprietary information in the other portions of your Offer using the term “confidential.”

Simply indicating that the Offer contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-103 – Attachment 5-A must be accompanied by a detailed explanation as to why each item or category of items in the Offer should be designated confidential information.

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.

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

4.9. 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 APP 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 APP promptly after the opening date.

4.10. 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:

1. you did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of your Offer; and

2. 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.

5.0 Responsible

5.1. Responsible Pursuant to A.A.C. R2-7-B313, the Procurement Officer shall consider the following factors before determining that an Offeror is responsible:

1. The Offeror's financial, business, personnel, or other resources, such as subcontractors;

2. The Offeror's record of performance and integrity;

3. Whether the Offeror has been debarred or suspended;

4. Whether the Offeror is legally qualified to contract with the state;

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

6. Whether the Offeror meets the responsibility criteria specified in the solicitation.

In addition, the State will award the Contract on the basis of the Bid or Bids most advantageous to the State. In determining whether a Bid is most advantageous, in addition to price, the State may consider the following:

1. The ability, capacity, and skill of the Bidder to perform the Contract or provide the service indicated;

7. Whether the Bidder can perform the Contract or provide the service promptly, and within the time specified without delay or interference;

8. The character, integrity, reputation, judgment, experience, and efficiency of the

Bidder;

9. The quality of performance on previous contracts;

10. The previous compliance with laws and ordinances by the Bidder;

11. The limitations of any license the Bidder may be required to possess;

12. The quality, availability, and adaptability of the product or service;

13. The ability of the Bidder to provide future maintenance and/or service;

14. The number and scope of any conditions attached to the Bid; and;

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

15. The life cycle, maintenance, and performance of the equipment or product being offered.

5.2. Omitted or

Incomplete Attachments

If the Offer does not include all required Attachments, or if any Attachment has not been completed in conformance to the specific instructions on the applicable Attachment Form, then Procurement Officer may:

1. Instruct Offeror to provide the omitted documentation as a Clarification if the omission or incompleteness is of the nature of an inadvertent clerical mistake or reasonable and excusable misinterpretation of the relevant requirements as they were stated;

2. Further consider the Offer, but down-grade it as appropriate in Evaluation if the omission is significant but not material; or

3. Determine that the Offer is Not Susceptible for Award if the omission or incompleteness is material.

5.3. Qualifications of

Offeror

The Owner may make such investigations as he deems necessary to determine the qualifications of and the ability of the Offeror to perform the Work, and the Offeror shall furnish the Owner such information and data for this purpose as the Owner may request. The Owner may request that the Offeror provide a list of key people for the project with their related work experience.

The Owner reserves the right to reject any Bid if the evidence submitted by or investigation of such Offeror fails to satisfy the Owner that such Offeror is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein in a timely manner. Conditional Bids will not be accepted.

All Offerors and listed subcontractors must be valid Arizona Licensed Contractors at the time of Bidding, approved by the Arizona State Registrar of Contractors to do the type and amount of work specified in these documents. In accordance with the Arizona State Registrar of Contractors, the Offeror must possess the minimum Arizona Contractor’s License to perform the type and amount of work specified in these documents.

Failure of any Offeror to possess all contractors’ licenses as listed in the bid packet, at the time of bidding, shall result in the bid being considered non- responsive and not in substantial compliance, and any such bid shall not be considered.

5.4. Eligibility for

Evaluation

An agency chief procurement officer or designee shall conduct an evaluation to determine whether an offeror is responsive, based upon the requirements set forth in the solicitation. The agency chief procurement officer shall reject as nonresponsive any offer that does not meet the solicitation requirements.

6.0 Evaluation of Offers

6.1. Offer Validity

Period By submitting an Offer, you agree to hold it open for the validity period specified in the Solicitation Summary. If no validity period is specified therein, then you shall hold your Offer open for 90 (ninety) days.

6.2. Offer Mistakes

Discovered After Offer Opening and Before Award

If an apparent mistake in an offer, relevant to the award determination, is discovered after opening and before award, an agency chief procurement officer shall contact the offeror for written confirmation of the offer. The agency chief procurement officer shall designate a time-frame within which the offeror shall either:

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

1. Confirm that no mistake was made and assert that the offer stands as submitted; or

2. Acknowledge that a mistake was made, and include all of the following in a written response:

a. Explanation of the mistake and any other relevant information;

b. A request for correction including the corrected offer or a request for withdrawal;

and

c. The reasons why correction or withdrawal is consistent with fair competition and in the best interest of the state.

An offeror who discovers a mistake in its offer may request correction or withdrawal in writing and shall include all of the following in the written request:

1. Explanation of the mistake and any other relevant information;

2. A request for correction including the corrected offer or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and in the best interest of the state.

An agency chief procurement officer may permit an offeror to correct a mistake if the mistake and the intended offer are evident in the uncorrected offer; for example, an error in the extension of unit prices. The agency chief procurement officer shall not permit a correction that is prejudicial to the state or fair competition.

An agency chief procurement officer shall permit an offeror to furnish information called for in the solicitation but not supplied if the intended offer is evident and submittal of the information is not prejudicial to other offerors.

An agency chief procurement officer shall make a written determination of whether correction or withdrawal is permitted, based on whether the action is consistent with fair competition and in the best interest of the state.

If the offeror fails to act under this section the offeror is considered nonresponsive and the agency chief procurement officer shall place a written determination that the offeror is nonresponsive in the procurement file.

6.3. Arithmetic

Discrepancies

For the purpose of the evaluation of Bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Bid Schedule as submitted by Offerors:

1. Obviously misplaced decimal points will be corrected;

2. In case of discrepancy between unit price and extended price, the unit price will govern;

3. Apparent errors in extension of unit prices will be corrected; and

4. Apparent errors in addition of lump sums and extended prices will be corrected.

5. For the purpose of Bid evaluation, the Owner will evaluate the bids on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above.

6.4. Cost or Pricing

Data

Submit any cost or pricing data promptly that Procurement Officer requests under A.R.S § 41-2543 per A.A.C. R2-7-702. Procurement Officer may make the following preconditions for eligibility under paragraph 5.43 and award:

1. submission of appropriate cost or pricing data under A.A.C. R2-7-703;

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

2. determination that the submitted cost or pricing data demonstrates that pricing is fair and reasonable under A.A.C. R2-7-702; and

3. determination that the data is not defective under A.A.C. R2-7-705.

6.5. Evaluations Procurement Officer shall make Evaluation of those Offers determined to be eligible under Eligibility for Evaluation.

6.6. 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.

6.7. 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.

6.8. Consideration of

Taxes

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

6.9. 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 Offers as far as possible to the extent permissible under the Arizona Procurement Code.

6.10. 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.

7.0 Award of Contract

7.1. 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 and allowable by applicable law.

7.2. Contract Inception 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 and an Agreement has been executed by the State. Notice of award or of intent to award will not constitute State’s acceptance of your Offer.

7.3. 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.

8.0 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 Offer due date and time. Protest of a proposed award

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division 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:

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

2. signature of the interested party or its representative;

3. identification of the purchasing agency and the solicitation or contract number;

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

5. the form of relief being requested.

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

SECTION C

SECTION C SPECIAL TERMS AND CONDITIONS

The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. 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.

1.0 Definition of Terms

No modifications to uniform terms and conditions section.

2.0 Contract Interpretation

3.0 Contract Administration and Operation

3.1 Term of Contract The term of the Contract will commence on the date indicated on the Notice to Proceed and continue unless canceled, terminated, or permissibly extended.

4.0 Costs and Payments

4.1 Liquidated Damages Failure of Construction Contractor to complete the Work within the time specified in the Contract, including any and all properly authorized extensions of time, will result in damages to the Agency with regard to occupancy, operations, and the specific benefits of public services, that are hereby communicated to the Construction Contractor and contemplated by the Construction Contractor as nullifying the inherent benefit of Agency’s contractual bargain. Accordingly, as such damage is difficult to specify and formulate, Agency and Construction Contractor agree that Construction Contractor shall pay to Agency per day as liquidated damages for each calendar day the Work remains incomplete beyond the date fixed for Substantial Completion as listed in the following Schedule of Liquidated Damages:

Original Contract Amount

From More Than:

To and Including:

Calendar Day or Fixed Date:

$0 $100, 000 $ 350 100, 000 500, 000 490

500, 000 1, 000, 000 840

1, 000, 000 2, 000, 000 910 2, 000, 000 5, 000, 000 1, 190

5, 000, 000 10, 000, 000 1, 540

10, 000, 000 ------- 2 , 380

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Construction Contractor’s performance under the Contract for matters other than delays in Completion.

4.2 Costs Subject to Markup

Item No. Item Description Amount

Items Subject to

Markup

Material

Labor

Allowances

Items Excluded of Markup

General Conditions (General Conditions Fee will be based on actual itemized, documented Cost)

OH&P

Taxes

Bonds

Insurance

Contingency

Reimbursables

5.0 Contract Changes

6.0 Risk and Liability

6.1 Insurance

Requirements

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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

A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability and XCU (explosion/collapse/underground) coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $50,000

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.

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

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

c. Policy shall contain a severability of interest provision.

3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

4. Builders Risk (If Applicable) Builders Risk shall be purchased in an amount equal to the initial Contract Amount plus additional coverage equal to contract amount for all subsequent change orders.

a. The State of Arizona, the Department subcontractor and any others with an insurable interest in the work shall be endorsed (Blanket Endorsements are not acceptable) in favor of “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” as Additional Insureds on the policy.

b. Coverage shall be written on an all risk, replacement cost basis and shall include coverage for flood and earth movement as well as coverage for losses that may occur during equipment testing.

c. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or, (2) until no person or entity, other than the State of Arizona, has an insurable interest in the property required to be covered.

Expansion Agency Project No. PCS-25-062

Arizona Department of Administration

General Services Division

d. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the State of Arizona.

e.