CTR057184.M21-0058_Award_Documents_Contractor_Network_Support.pdf

Douglas A. Ducey Maj Gen Kerry L Muehlenbeck

Governor The Adjutant General

September 8, 2021

The Cable Guy LLC

7741 East Gray Road #8

Scottsdale, Arizona 85260

Attn: Sean Coulbourne

Email: Sean@azcableguy.com

Re: NOTICE OF INTENT TO AWARD: Contractor Network Support

BPM003821/M21-0058

Dear Mr. Coulbourne, The purpose of this letter is to inform you that the Arizona Department of Emergency and Military Affairs intends to award to your firm a contract for the above referenced solicitation.

Prior to making the formal award and issuing the resultant purchase order, you must provide:

1. Certificate(s) of Insurance.

2. Workers Compensation Documentation.

Each of these documents/forms must be provided within five (5) calendar days after receipt of this letter.

The Arizona Department of Emergency and Military Affairs must be named as the certificate holder and as the additional insured on the certificate of insurance. The insurance certificate must be provided on an ACORD form

(or equivalent format approved by the State of Arizona). Additionally, your firm must maintain the minimum coverage limits stated in the contract/solicitation throughout the contract performance period. A minimum thirty

(30) day cancellation notice must be provided for any change or modifications to the required insurance coverage(s).

You are hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until you receive an executed purchase order or contract release document.

If you have questions, I may be reached by email, Patrick.Breazeale@azdema.gov.

Sincerely, Patrick Breazeale

Procurement Specialist

Cc: Electronic File

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILTARY AFFAIRS

5636 East McDowell Road, Building, #M5800

Phoenix, Arizona 85008-3495 mailto:Sean@azcableguy.com mailto:Patrick.Breazeale@azdema.gov

DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

DEMA Procurement Office, Building #M5800 5636 East McDowell Road

Phoenix, Arizona 85008-3495

Maj Gen Kerry L Muehlenbeck The Adjutant General

INVITATION FOR BID: BPM # 003821/M21-0058

OFFER /AND ACCEPTANCE

(Required - Submit with Bid)

Arizona Department of Emergency and Military Affairs

OFFER

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

City State Zip 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- ugh 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, This Contract shall henceforth be referred to as Contract No. ____CTR057184 / M21-0058______________.

The effective date of the Contract is _______September 10, 2021_____________________________________________.

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 20

Chief Procurement Officer

The Cable Guy LLC

7741 East Gray Road #8

Scottsdale AZ 85260

Sean Coulbourne

Vice President/General Manager

602-418-2991

888-761-8321sean@azcableguy.com

9th September 21

DEMA Procurement Office, Building #M5800 5636 East McDowell Road

Phoenix, Arizona 85008-3495

Maj Gen Kerry L Muehlenbeck The Adjutant General

INVITATION FOR BID: BPM # 003821/M21-0058

Designation of Confidential, Trade Secret & Proprietary Information

(Required - Submit with Bid)

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

-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:

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

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

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

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

-7- 103.

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 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.

Company Name Signature of Person Authorized to Sign

City State Zip Title

X

The Cable Guy LLC

7741 East Gray Road #8 Sean Coulbourne

Scottsdale, AZ 85260 Vice President/General Manager

DEMA Procurement Office, Building #M5800

R2-7-103. Confidential Information (Required - Submit with Bid)

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

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

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

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

2. The designated information is not confidential; or

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

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

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

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

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

DEMA Procurement Office, Building #M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

Unless and until the District Court's injunction in Jordahl v. Brnovich et al., Case No. 3:17-cv-08263 (D. Ariz.) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. 35-393.01 (A)) is unenforceable and the State will take no action to enforce it. This attachment (Participation in Boycott of Israel) is not a mandatory part of the offer as long as the injunction remains in place. Offers will not be evaluated based on whether this certification has been completed.

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. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01 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 of compliance.

As defined by A.R.S. §35-393.01:

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

(a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c) applies.

(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 a Sole Proprietorship, Organization, Association, Corporation, Partnership, Joint Venture, Limited Partnership, Limited Liability Partnership, Limited Liability Company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.

3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests.

4."Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either:

(a) together with other investors that are not subject to this section.

(b) that are held in an index fund.

is state or a political subdivision of this state.

7. "Restricted companies" means companies that boycott Israel.

8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38.

DEMA Procurement Office, Building #M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

All offerors must select one of the following:

My company does not participate in, and agrees not to participate in during the term of the contract a boycott of

Israel in accordance with A.R.S. §35-393.01. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01. :

By submitting this response, proposer agrees to indemnify and hold the State, its agents and employees, harmless from any cla t of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

City State Zip Title

X

The Cable Guy LLC

7741 East Gray Road #8 Sean Coulbourne

Scottsdale AZ 85260 Vice President/General Manager

DEMA Procurement Office, Building #M5800

ATTACHMENT B: CERTIFICATE OF CORPORATE AUTHORITY

Offerors must provide the following information:

A Corporation existing under the laws of the State of:

A Partnership consisting of:

An Individual trading as:

If your firm is a corporation, completion of the following certification is mandatory. (NOTE: THE

CERTIFICATE MUST BE COMPLETED BY AN OFFICER OF THE CORPORATION AND

WHO DID NOT SIGN THE OFFER PAGE).

I, , certify that I am the of the Corporation named as Offeror herein; that who signed this

Proposal on behalf of the Corporation, was then the of said Corporation;

that said Proposal was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE OFFICER

(Signature)

CORPORATE OFFICER

(Print)

Arizona

Sean Coulbourne shareholder

Sean Coulbourne shareholder

Sean Coulbourne