BPM007149_Solicitation_Attachments.docx

Solicitation Attachments

Solicitation No. BPM007149 Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education 1535 W. Jefferson Street Phoenix, AZ 85007

ATTACHMENT I – QUALIFIED VENDOR APPLICATION..…………………………………..2

ATTACHMENT II – PRICE SHEET……………………………………………………………….3

ATTACHMENT II – OFFER & ACCEPTANCE………………………………………………….4

ATTACHMENT III – CONFORMANCE STATEMENTS………………………………………..5

ATTACHMENT IV – DECLARATION…………………………………………………………….6

ATTACHMENT V – CONFIDENTIAL/PROPRIETARY SUBMITTAL…………………………7

ATTACHMENT VI – DESIGNATION OF CONFIDENTIAL, TRADE SECRET &

PROPRIETARY INFORMATION…………………………………………………………………..8

ATTACHMENT VII – PARTICIPATION IN BOYCOTT OF ISRAEL…………………………..10

ATTACHMENT VIII – FORCED LABOR OF ETHNIC UYGHURS BAN……………………..12

EXHIBIT A – OFFEROR CHECKLIST……………………………………………………………13

EXHIBIT B – SAMPLE CERTIFICATE OF LIABILITY INSURANCE FORM………………..14

Attachment I – Qualified Vendor Application

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Complete each section of the following form:

Vendor Legal Name:

Company Name:

Contact Name and Title:

Days & Hours of Operation:

Web Site:

Attachment II – Price Sheet

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Offeror Name:

Offeror proposes to furnish all services and related materials for services as stated in the Scope of Work for the following. Offeror may use additional sheets if necessary but may not alter this form.

a. Manufacturer/Website:

Hoshizaki – Model: DCM271BAH

b. Manufacturer/Website:

Hoshizaki – Model: DM200B

a. ________%

b. ________%

Regular Business Hours

Outside Regular Business Hours

*Payment for goods or services shall be made in full within thirty days after receipt of goods or services and a complete and accurate invoice for payment has been received by ADE including any required backup documentation. Advance payment shall not be made prior to goods or services being delivered.

Attachment III – Offer and Acceptance

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

OFFER

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Company Name

Signature of Person Authorized to Sign Offer

Address

Printed Name

Title

Phone:

Fax:

Contact Email Address

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No________________________________________________.

The effective date of the Contract is ____________________________________________________.

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

State of Arizona Awarded this day of

Attachment IV – Conformance Statements (Deviations and Exceptions)

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

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

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

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

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS

Check one of the following:

CONFORMANCE TO THE SCOPE OF WORK

Check one of the following:

CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS

Check one of the following:

Offeror name

Signature of person authorized to sign

Attachment V – Declaration

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Offeror Name:

Has the Offeror/Firm been debarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body:

Yes _____ No _____

Attachment VI – Confidential/Proprietary Submittals

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Confidential/Proprietary Submittals (mark one):

__________ No confidential/proprietary materials have been included with this offer

__________ Confidential/Proprietary materials included. Offerors should identify below any portion of their offer deemed confidential or proprietary (see Uniform Terms and Conditions, paragraph 19). Identification in this section does not guarantee that disclosure will be prevented but that the item will be subject to review by the Offeror and the ADE Representative prior to any public disclosure.

***Requests to hold the entire offer or price as confidential will result in the Offer being deemed Not Susceptible for Award***

Offeror name

Signature of person authorized to sign

Attachment VII – Designation of Confidential, Trade Secret & Proprietary Information

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

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

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

Attachment VII – Designation of Confidential, Trade Secret & Proprietary Information

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

R2-7-103. Confidential Information

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

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

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

Attachment VIII – Participation in Boycott of Israel

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

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

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

· Contractor is a sole proprietorship;

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

· Contractor is a non-profit organization.

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

Under A.R.S. § 35-393:

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

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

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

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

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

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

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

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

· Contractor is a sole proprietorship;

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

· Contractor is a non-profit organization.

Attachment VIII – Participation in Boycott of Israel

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Company Name

Signature of Person Authorized to Sign

Address

Printed Name

Title

Attachment IX – Forced Labor of Ethnic Uyghurs Ban

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

Forced Labor of Ethnic Uyghurs Ban Please note that if any of the following apply to the Contractor, then the Offeror shall select the “Exempt Contractor” option below:

· Contractor is a sole proprietorship;

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

· Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, the State of Arizona prohibits a public entity from entering into or renewing a contract with a company unless the contract includes written certification that the company does not use the forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. § 35-394:

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

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

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

☐ The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the following:

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

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

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

☐ The Company submitting this Offer does participate in use of Forced Uyghurs Labor as described in A.R.S. § 35-394.

☐ Exempt Contractor Indicate which of the following statements applies to the Contractor (may be more than one):

Company Name

Signature of Person Authorized to Sign

Address

Printed Name

Title

Exhibit A – Offeror Checklist

Maintenance and Repair of ADE Owned Commercial Ice Machines Arizona Department of Education

This form is a checklist for the Offeror’s: The below list requires a response or action in your submittal.

Required Item

Page Number

1. Attachment I – Qualified Vendor Application

3. Attachment III – Offer & Acceptance

4. Attachment IV – Conformance Statements (Deviations and Exceptions)

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