CTR059896_Solicitation.pdf

i

STATE OF ARIZONA

Arizona Department of Juvenile Corrections (ADJC) 100 N. 15th Ave., Suite103 Phoenix, AZ 85007

INVITATION FOR BID (IFB)

Solicitation Number

BPM___004342___

Solicitation Title Equipment for Scanners and Accessories

Offer Due Date and Time April 12, 2022 at 2:00:59 P.M. MST Local Arizona Time

Site Visit (Date/Time/Location) N/A

Point of Contact / Telephone / Email Teena Ziegler / 602.542.3039 / Tziegler@azdjc.gov

Pre-Bid Meeting (Date/Time/Location) N/A

Description The Arizona Department of Juvenile Corrections (ADJC) is soliciting bids for Equipment for Scanners and Accessories.

Contract Type & Term (Refer to Terms & Conditions)

(Choose One) ☒ Firm Fixed Price ☐ Other Pricing

(Choose One) ☐ Single Requirement ☒Annual Requirement with Options for Renewal

SUBMITTALS: Offers submitted in response to this Invitation for Bid (IFB) shall be submitted within the State’s e-Procurement system, Arizona Procurement Portal (APP) https://app.az.gov. Late submittals will not be considered. Offers received by the due date and time will be electronically opened. Offers submitted outside of APP, or those that are received after the due date and time, shall be rejected.

FOR QUESTIONS REGARDING THE SOLICITATION - Submit questions in writing via the “Discussion Forum” tab in APP no later than:

April 4, 2022, 11:00 A.M. MST Local Arizona Time.

FOR APP TECHNICAL QUESTIONS: Submit technical inquiries about navigating and/or submitting offers/bids in the State’s e-Procurement System to the State’s e-Procurement System Help Desk:

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

• by email to app@azdoa.gov Due to heavy call volume, allow at least 24 hours to receive a response. APP Supplier Reference Guides:

https://spo.az.gov/app/supplier/QRG

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION.

Teena Ziegler____________ Senior Procurement Specialist Email: tziegler@azdjc.gov DATE: March 24, 2022 https://app.az.gov/ mailto:app@azdoa.gov mailto:tziegler@azdjc.gov

SOLICITATION NO. BPM004342

Equipment for Scanners and Accessories

TABLE OF CONTENTS

Arizona Department of Juvenile Corrections Procurement Office

100 N. 15th Ave. Suite 103 ii

CONTRACT PAGE

Cover Sheet…………………………………………………………………………………………… i

Table of Contents……………………………………………………………………………………… ii

Scope of Work…………………………………………………………………………………………. 1

Special Terms and Conditions…………………………………………………………………………. 2

Special Instructions to Offerors………………………………………………………………………… 13

Uniform Terms and Conditions Version 9, Updated July 1, 2013………………………………………15

OFFER FORMS (ATTACHMENTS)

Attachment I - Offer and Acceptance Form

Attachment II - Pricing Sheet

Attachment III - Confidential Information Designation

Attachment IV – Boycott of Israel Disclosure

Attachment V - Offeror’s References

Attachment VI - Conformance Statements

Attachment VII - Letter of Insurability

Equipment for Scanners and Accessories

SCOPE OF WORK

Arizona Department of Juvenile Corrections Procurement Office

1. What the Arizona Department of Environmental Quality (ADEQ) is soliciting:

The Arizona Department of Juvenile Corrections (ADJC) as authorized under A.R.S. § 41-2501 is seeking to establish one or more “single-agency” contracts to satisfy the needs of ADJC (the Eligible Agency) to provide Equipment for Scanners and Accessories.

2. Background:

A program for the Arizona Department of Juvenile Corrections is seeking forty scanners, twenty batteries and ten chargers with warranty package for each scanner. Scanners listed are what is currently used in Agency.

3. Goal:

ADJC is seeking to enter into Contract with one qualified Contractor to provide the goods and services.

4. Delivery:

Upon receipt of any Release Purchase Order under this Contract the Contractor will be required to deliver all goods and services as requested within 45 days to ADJC. A Release Purchase Order in Arizona Procurement Portal will be the mechanism by which to place an order under the contract.

5. Technical Document Availability:

Contractor shall make available to ADJC all documents for the warranty. Agency is seeking at least three years with a good replacement plan. Contractor is to provide a statement as to where documents incorporated by reference are available for inspection and copying.

6. Equipment Preferences:

6.1 Equipment is Honeywell CK65 Mobile computer, Android 8/Android 1D/2D Imager, Wireless, IP64/IP65/IP68, 51 key gun/hand held, 802.11a/b/g/n/ac/ with Bluetooth, 4GB/32GB Memory, Enhanced Durability, 13MP Camera. Total 40

6.2 Honeywell CK65, 4-position Battery Charger, CK70/CK71/CK75. Total 10

6.3 US Power Cord Total 10

6.4 Honeywell CK65 Battery, Lithium-Ion, CK65 One (1) extended rechargeable 7000mAh smart battery pack. Total 20

6.5 Service Plan to include accessory, battery, charger, car adapters, scan handles, docks replacement, three years, License. Total 40 Cost 3YR

7. Equipment shall have the following minimum requirements:

7.1 This Equipment must be Honeywell CK65 series, which is currently in use at ADJC.

8. Contractor Responsibilities:

8.1 Operating and Maintenance Manuals:

Within one week of purchase, the Contractor shall furnish a complete, detailed guide for maintenance and operation of the new equipment purchased. Manuals shall be provided at no additional cost to ADJC.

8.2 Technical Assistance:

Contractor shall provide on-call technical assistance via telephone during normal business hours of 9:00 a.m. to 4:00 p.m. Local Arizona Time. Within four business hours from the time technical assistance is requested, it shall be provided. This service shall be provided to ADJC during the initial and extended warranty periods at no cost to ADJC.

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

100 N. 15th Ave., Suite 103

1. Authority to Contract:

This Contract is issued under the authority of ADJC in accordance with ARS §41-2533.

2. Uniform Terms and Conditions v9 (Rev 7-1-2013)

The State of Arizona's Uniform Terms and Conditions are included in this Solicitation and may be accessed through the ADOA State Procurement Office Web Site:

https://spo.az.gov/administration-policy/state-procurement-resource/standard-forms-and-documents https://spo.az.gov/sites/default/files/documents/files/Uniform%20Terms%20and%20Conditions%20V9_%28Rev%2 07-1-2013%29.pdf

3. Contract Type:

Firm Fixed Price.

4. Contract Award:

Pursuant to provisions of the Arizona Procurement Code, A.R.S. 41-2501 Et Seq, the State of Arizona intends to establish a contract for the goods or services as listed herein in service to ADJC. 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. The State reserves the right to make an award on any item for any quantity less than the quantity offered, at unit prices offered, unless the Offeror specifies otherwise in the Bid. The State reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the State's best interest to do so. ADJC may cancel the solicitation or reject an offer in whole or in part.

5. Term of Contract:

The term of the Contract shall commence upon award and shall remain in effect for a period of one year thereafter unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the State of Arizona shall have the right, at its sole option, to renew the contract up to forty- eight (48) additional months for a maximum of five (5) years. In the event that the State exercises such right, all terms, conditions and provisions of the original contract shall remain the same and apply during the renewal period with the exception of price. The Contractor shall agree that the price stated in the original contract shall apply unless otherwise allowed.

6. Amendments:

Any change in the contract including the Scope of Work described herein, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representatives of the Contractor and the Procurement Office of the State of Arizona. Any such amendment shall specify an effective date, any increases or decreases in the amount of the Contractors' compensation if applicable and entitled as an 'Amendment', and signed by the parties identified in the preceding sentence. The Contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification or supplementation to the contract.

7. Changes:

ADJC reserves the right to add or delete products and services and make other changes within the general specifications as may be deemed necessary to best serve the interests of the state. In the event that additional products or services are needed, they shall be documented by formal amendment to the contract.

https://spo.az.gov/administration-policy/state-procurement-resource/standard-forms-and-documents

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

8. Arizona Procurement Portal (APP) system:

a. Offerors must be registered within the Arizona Procurement Portal (APP) system. Visit the Arizona Procurement

Portal (APP) system for registration at: https://app.az.gov/.

b. The Solicitation is sent through the Arizona Procurement Portal (APP) system https://app.az.gov/.

9. Pricing:

a. Price Adjustment:

Price increase requests will only be considered 60 days prior to Contract extension and shall be for factors the Contractor was not aware of at the time of Offer submission. ADJC shall determine whether the requested price increase or an alternate option is in the best interest of ADJC. If a price increase request is received after the allotted time frame the requested price increase will not be accepted.

b. Price Reduction:

A price reduction adjustment may be offered at any time during the term of the Contract and shall become effective upon notice.

10. Estimated Quantities:

a. Any Contract resulting from this Solicitation shall be on an as needed, if needed basis. ADJC makes no guarantee as to the total quantity of goods/services to be purchased during the Contract period.

b. Purchase Order issued in APP will be the mechanism to purchase any goods and services as detailed in Scope of

Work.

c. Additional related products and services may be purchased by ADJC from Contractor during the term of the contract per contract pricing.

d. Additional Equipment, Equipment Upgrades, Parts and Accessories may be purchased at later date that will be compatible with the purchased equipment from this Contract and/or with current equipment already in use, at a discounted price (Attachment II, Pricing Sheet Section - DISCOUNT).

11. Non-Exclusive Contract:

ADJC has the right to procure the goods or services listed herein from Contractors other than those awarded pursuant to this Solicitation when necessary to meet the requirements of ADJC.

12. Delivery:

Delivery shall be FOB Destination to Adobe Mountain School, Warehouse Attn: Receiving Section, 2800 W. Pinnacle Peak Road, Phoenix, Arizona 85027. The Unit Price indicated on the Pricing Sheet (Attachment II) for an Item shall include any cost associated with delivery. The Contractor shall retain title and control of all goods until they are delivered. Equipment shall be off-loaded by the shipper at the designated shipping point. Inside delivery is a requirement of this contract. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. ADJC will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspections. Delivery shall be accomplished between the hours of 8:00 a.m. to 3:00 p.m.

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

13. Warranty:

a. One Year Warranty:

If an extended warranty is not purchased, the Manufacturer Warranty shall commence on the day of ADJC installation/activation and shall remain in effect for a minimum of one year unless otherwise specified. The warranty shall cover all parts, labor and return shipping from the manufactures authorized service center.

b. Extended Warranty:

If an extended warranty (Pricing Sheet Attachment II, Line Item T) is purchased, it shall cover all parts, labor and insured return shipping from authorized service center. At any time during the extended warranty period, if ADJC returns equipment to the Contractor for repair, calibration, etc. and the work performed will take longer than one week from receipt of the equipment, if requested, the Contractor shall provide to ADJC a like replacement unit, until the equipment is repaired and returned to ADJC.

14. Current Products:

a. All products offered in response to this solicitation shall be in current and ongoing production; shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

15. Performance:

ADJC expects the Contractor be available for work immediately after award.

a. If ADJC has concerns regarding the quality of work being performed, the Contractor shall be available to discuss performance and shall provide, in writing, any and all measures to be taken to ensure quality goods and services are being provided.

b. After the first meeting, if substandard performance is still an issue, a Contractor Performance Report

(CPR) will be issued and the Contract may be canceled as determined to be in the best interests of the state.

16. Required Monitoring and Reporting

Contractor Performance Review (CPR) The Contractor shall perform all duties under the Contract in a manner acceptable to ADJC. The ADJC Project Manager also known as Contract Officer Representative (COR) will complete at a minimum a CPR at the end of each Fiscal Year and may complete for individual order(s). Additional evaluation information may be added after contract award within the best interest of

ADJC.

a. The Contractor may be evaluated on the following non-exclusive listing of performance categories:

o Quality: Compliance with Contract Requirements; report accuracy; effectiveness of personnel; and technical excellence.

o Timeliness of Performance: Met interim milestones; reliability; responsive to technical direction;

completed project on time; and met delivery schedules.

o Cost Control: Kept to the forecast within 20%, Utilize cost savings, adherence to the cost sheets, followed the State Travel guidelines and submitted change orders within allotted time.

o Business Relations: Effective management; reasonable/cooperative behavior; responsive to Contract requirements; notification of problems; flexibility; and proactive versus reactive.

b. The ADJC Project Manager evaluates Contractor performance by completing Contractor Performance Report, signs/dates, and submits to Procurement.

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

c. Procurement reviews the CPR and adds Procurement Action if needed. Procurement signs/dates Part II and keeps as part of Procurement file.

d. If there are Performance Issues, completed CPR is submitted to Contractor. The Contractor shall have seven (7) days from the date the Contractor’s receipt of the CPR to review and provide a response to Agency Project Manager and Procurement regarding the contents of the CPR.

e. The Contactor reviews the CPR.

f. The Contractor provides a response (if any) to the ADJC Project Manager and Procurement.

g. The Contractor may submit comments, rebuttals (disagreements) or additional information to the ADJC

Project Manager that contest the CPR within the designated period.

h. If the Contractor does not respond to the CPR within the designated period, the report is deemed appropriate for the evaluation. In this instance, ADJC shall file the CPR.

17. Payment:

The State will make every effort to process payment for the purchase of goods or services within thirty (30) calendar days after receipt of goods or services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the account. Any bid that requires payment in less than thirty (30) calendar days shall not be considered.

18. Payment Discount:

Payment discount periods will be computed from the date of receipt of goods or services or correct invoice, whichever is later, to the date State's warrant is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the bid price in determining the low bid. However, the State shall be entitled to take advantage of any payment discount offered by the Vendor, provided payment is made within the discount period.

19. Billing:

All billing notices to ADJC shall identify the specific services being billed. Billing notices shall reference the Purchase Order number and contract number. Contractor shall submit all invoices to:

accounting@azdjc.gov Arizona Department of Juvenile Corrections Attention: Accounts Payable 100 N. 15th Ave., Phoenix, AZ 85007 Purchase Order Number:

a. ADJC shall process the approved claim for prompt payment in accordance with the standard operating procedures of the State of Arizona. The format for bills submitted to ADJC shall be approved by ADJC.

Applicable taxes, if any, shall be listed separately.

20. Taxes:

The State of Arizona is exempt from Federal Excise Tax, including Federal Transportation Tax. Sales Tax, if any, should be indicated as a separate item.

a. The amount of any applicable transaction privilege or use tax of a political subdivision of the State is not a factor in evaluating the overall cost of an Offer.

mailto:accounting@azdjc.gov

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

21. Non-Availability of Funds:

In accordance with A.R.S. §35-154, every payment obligation of the State under this Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

22. Lobbying:

Contractor shall not engage in lobbying activities, as defined in 40 CRF pt. 34 and ARS 41-1231 et. seq., using monies awarded under this contract. Upon award of a contract, contractor shall disclose all lobbying activities to ADEQ to the extent they are an actual or potential conflict of interest or where such activities would create an appearance of impropriety. Contractor shall implement and maintain adequate controls to ensure that monies awarded under a contract shall not be used for lobbying. All proposed subcontractors shall be subject to the same lobbying provisions stated above. Contractor must include anti-lobbying provisions in all contracts with subcontractors.

23. Offshore Performance of Work Prohibited:

Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or overhead services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.

24. Subcontractor:

Contractor shall submit any proposed subcontracts not originally identified in Contractor’s proposal, or any substitution of subcontracts to ADEQ for its approval prior to Contractor entering into same. Upon termination of any subcontract, ADEQ shall be notified within one business day. Each subcontract to which ADEQ has consented shall contain a provision that further assignments shall not be made to any third or subsequent tier subcontractor without additional written consent of the ADEQ.

25. Inclusive Offeror(s):

Offeror(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. This could include subcontracts for a percentage of deliveries made under any subsequent contract. Offerors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing detail concerning your organization's utilization of small, women-owned and/or minority business enterprises.

Emphasis should be placed on specific areas that are subcontracted and percentage of contract utilization and how this effort will be administered and managed, including reporting requirements.

26. Federal Immigration and Nationality Act:

By entering into the Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor's Immigration

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office and Control Act, for all employees performing work under the Contract. I-9 forms are available for download at USCIS.GOV.

a. The State may request verification of compliance for any Contractor or subcontractor performing work under the Contract. Should the State suspect or find that the Contractor or any of its subcontractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and

27. Non-Discrimination:

In accordance with A.R.S. §41-1461, contractor shall provide equal employment opportunities for all person, regardless of race, color, creed, religion, sex, age, national origin, disability or political affiliation.

Contractor shall comply with the Americans with Disabilities Act.

28. E-Verify:

In accordance with A.R.S. §41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with AAC Section A.R.S. §23-214, Subsection A.

29. Audit of Records:

In accordance with to A.R.S. §35-214, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this Contract for a period of five years after completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce the original of any or all such records.

30. Conflict of Interest:

In accordance to A.R.S. §38-511, the State may within three years after execution cancel the Contract, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, at any time while the Contract is in effect, becomes an employee or agent or any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the matter of the Contract.

31. Cancellation for Conflict of Interest:

Pursuant to A.R.S. §38-511, the State of Arizona, its political subdivision or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state of Arizona, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state of Arizona, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee of or a consultant to any party to this contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Contractor, and any successor to the Contractor, receives written notice of the cancellation unless the notice specifies a later time.

32. Applicable Law:

In accordance with A.R.S. §41-2501 and AAC R2-7-101, et seq, Contract shall be governed and interpreted by the laws of the State of Arizona and the Arizona Procurement code.

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

33. Arbitration:

In accordance with A.R.S. §12-1518, the parties agree to resolve all disputes arising out of or relating to this Contract through arbitration, after exhausting applicable administrative review except as may be required by other applicable statutes.

34. Certification of Small Businesses and Disadvantaged Business Enterprises (DBE):

It is highly recommended that small businesses and DBEs get certified as such. EPA reporting, requirements have changed and it is in the best interests of such businesses to become certified as soon as possible, certification is typically free. Several certifying agencies are as follows: City of Phoenix, City of Tucson, Small Business Association (SBA), Arizona Department of Transportation (ADOT) and Environmental Protection Agency (EPA).

35. Indemnification:

To the fullest extent permitted by law, Contractor shall defend, indemnify, save and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

36. Insurance Requirements: (insert appropriate Insurance Requirements from ADOA Risk Management Insurance Module)

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 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 Vendor from liabilities that might arise out of the purchase and use of the commodities sold under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase such additional insurance.

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

37. Minimum Scope and Limits of Insurance:

Contractor shall provide within 15 days of Contract Award coverage with limits of liability not less than those stated below.

Commercial General Liability (CGL) – Occurrence Form Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

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

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, 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.

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

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

a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement 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.

Workers’ 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, as required by this written agreement, 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 each Contractor or subcontractor that is exempt under A.R.S. § 23- 901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

Additional Insurance Requirements:

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

38. Notice of Cancellation:

For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the State of Arizona, within two (2) business days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason. Such notice shall be mailed, emailed, hand delivered or sent by facsimile transmission to the Arizona Department of Juvenile Corrections, Attn: Purchasing, 100 N. 15th Ave., Suite 103, Phoenix, AZ 85007 procurement.insurance@azdeq.gov.

39. Acceptability of Insurers:

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

40. Verification of Coverage:

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) as required by this Contract. An authorized representative of the insurer shall sign the certificates.

a. All certificates and endorsements, as required by this written agreement, are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

b. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

41. Subcontractors:

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.

mailto:procurement.insurance@azdeq.gov

Equipment for Scanners and Accessories

SPECIAL TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

42. Approval and Modifications:

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

43. Exceptions:

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

44. (SBE) Small Business Enterprise and (DBE) Disadvantaged Business Enterprise Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.

For Federally funded projects, firms must meet 49 CFR Part 26 eligibility standards. SBE/DBE certification status allows entities to:

1. Ensure non-discrimination in award and administration of contracts

2. Create a level playing field on which SBEs/DBEs can compete fairly

3. Help remove barriers to the participation of SBEs/DBEs

Contractor(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. This could include subcontracts for a percentage of the work.

Contractors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing detail concerning your organization's utilization of small, women-owned and/or minority business enterprises. Emphasis should be placed on specific areas that are subcontracted and percentage of contract utilization and how this effort will be administered and managed, including reporting requirements.

45. Compliance with Department Laws, Rules and Regulation

The Contractor shall abide by all formally adopted Department Rules and General Operating Policies and Procedures as applicable for fulfilling the obligations outlined in the Contract. Any allegations of non-compliance with Department Rules, General Operating Policies and/or Procedures, or other Contractor misconduct shall be subject to investigation by the Department and may result in Contract termination.

46. Federal Prison Rape Elimination Act 2003

The Contractor shall comply with the Federal Prison Rape Elimination Act of 2003, and all applicable standards including fingerprinting.

Scanner Equipment and Accessories

SPECIAL INSTRUCTIONS TO OFFERORS

Arizona Department of Juvenile Corrections Procurement Office

1. Solicitation Inquiries:

The ADJC Solicitation Contact Person listed on page i of this Solicitation shall be the sole point of contact for purposes of this Solicitation.

2. Offer Format:

The following information shall be submitted with each Bid. Failure to include all of the requested information may result in the Bid being rejected.

3. Offer Submittal:

Offeror shall submit Bid and required documents electronically in the Arizona Procurement Portal (APP) system by the Bid due date and time.

4. Offer Submission:

Offerors shall complete and submit electronically all of the following no later than the Offer due date and time:

4.1 Completed and signed Offer and Acceptance Form (Attachment I).

4.1.1 Offeror shall complete the top half of the Offer and Acceptance form (Attachment I) which shall include the signature of a person authorized to bind the Offeror.

4.2 Completed Pricing Sheet Form (Attachment II) in response to this Solicitation.

4.2.2 In addition to completing Pricing Sheet Form, Offeror shall enter proposed pricing in the

“Unit Price” field on the “items” tab in Arizona Procurement Portal (APP) system.

Entering a zero in APP or leaving blank the “Unit Price” will be considered a NO-BID for that particular item.

4.2.2 On the Pricing Sheet (Attachment II) Offeror is to include a URL link to the Technical Documents for equipment on the Pricing Sheet or include the Technical Documents as part of bid.

4.3 Completed Confidentiality (Attachment III)

4.4 Completed and signed Boycott of Israel Disclosure (Attachment IV).

4.5 Completed Offeror’s References Form (Attachment V).

4.5.1 Offeror shall provide the names, addresses, contact persons, telephone numbers and email addresses of two (2) verifiable business entities or organizations for which the Offeror has provided similar product/services as stated in the Scope of Work. References shall be verifiable, provide contacts of individuals able to comment on the Offeror’s related experience and provision of product/services.

4.6 Completed Conformance Statements (Attachment VI).

4.7 Letter of Insurability (Attachment VII).

Submit all Attachments as one package via APP.

5. Offer Acceptance Period:

Any Offeror submitting an offer under this Solicitation shall hold its offer open for a period of sixty (60) days after the Offer due date.

6. Acknowledgement of Solicitation Amendments:

Receipt of Solicitation Amendment(s) are to be acknowledged electronically in the Arizona Procurement Portal (APP) system prior to or by the Offer due date and time. Failure to acknowledge Solicitation Amendment(s) may result in the Bid being rejected.

Scanner Equipment and Accessories

SPECIAL INSTRUCTIONS TO OFFERORS

Arizona Department of Juvenile Corrections Procurement Office

7. Uniform Instructions to Offerors (Rev 9-2014):

The State of Arizona's Uniform Instructions to Offerors are hereby incorporated by reference, as if in full text. This document may be accessed through the ADOA State Procurement Office Web Site:

https://spo.az.gov/sites/default/files/documents/files/Uniform%20Instructions%20to%20Offerors%20%2 8rev%209-2014%29.pdf

8. Bid Rejection:

The State reserves the right to reject any, or all, bids, combinations of items, or lot, and to waive defects or informalities.

9. Erasures:

Erasures or other modifications must be initialed by the individual signing the Invitation for Bid.

10. Exceptions:

Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. All exceptions included with the offer shall be submitted in a clearly identified separate section of the offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting contract. Any exceptions contained in the offer may negatively affect the offers evaluation based on the evaluation criteria. An offer that takes exception to any material requirement of the solicitation may be rejected.

11. Evaluation Criteria:

The Contract shall be awarded to the lowest responsible and responsive bidder whose Bid conforms in all material respects to the requirements and criteria set forth in the Invitation for Bid.

12. Pricing:

Pricing shall be submitted on an all inclusive basis and shall include all costs associated with performance of the Scope of Work, including without limitation, labor rates, travel and per diem, labor benefits, payroll burden, insurance, Workman’s compensation, fees, all taxes, profit, overhead and all other related cost factors to included delivery.

https://spo.az.gov/sites/default/files/documents/files/Uniform%20Instructions%20to%20Offerors%20%28rev%209-2014%29.pdf https://spo.az.gov/sites/default/files/documents/files/Uniform%20Instructions%20to%20Offerors%20%28rev%209-2014%29.pdf

Scanner Equipment and Accessories

SPECIAL INSTRUCTIONS TO OFFERORS

Arizona Department of Juvenile Corrections Procurement Office

12.1 Price Adjustment

Price increase requests will only be considered 60 days prior to Contract extension and shall be for factors the Contractor was not aware of at the time of Offer submission. ADEQ shall determine whether the requested price increase or an alternate option is in the best interest of ADEQ. If a price increase request is received after the allotted time frame the requested price increase will not be accepted.

12.2 Price Reduction

A price reduction adjustment may be offered at any time during the term of the Contract and shall become effective upon notice.

12.3 Estimated Quantities

Any Contract resulting from this Solicitation shall be on an as needed, if needed basis. ADEQ makes no guarantee as to the total number of items to be purchased during the Contract period.

13. Subcontractors:

Offerors who intend to subcontract any portion of the contract must identify the proposed subcontractor on Offeror’s Proposed Subcontractor(s) Form (Attachment III).

14. Reference Guides:

Arizona Procurement Portal (APP) Reference Guides are available at https://spo.az.gov/app/supplier/QRG and/or contact the Arizona Procurement Portal Help Desk at 602-542-7600.

15. Withdrawal of Offer:

Offerors may withdraw their Offer in Arizona Procurement Portal (APP) at any time prior to the due date and time.

16. Additional Brand Names (Or Equal):

Additional Manufacturer and Model Number may be suggested to the Solicitation Contact Person identified on page i prior to the Questions due date. Any Offeror, which proposes a like quality, design or performance meeting required specifications may be considered. If the description of Offer varies in any way, Offeror shall provide a complete detailed description of the "Or Equal" product including pictures and literature where applicable. Unless a specific exception is made, the assumption will be that Offeror is bidding exactly as specified in the solicitation. When Solicitation indicates a particular Manufacturer Name and Model Number only, this is required because the specified item must meet a certain quality level, match an existing item or is part of an item already in use by ADJC. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. Products substantially equivalent to the brands designated qualify for consideration. Bidder must be prepared to submit an "Or Equal" sample at no cost to ADJC. If the Manufacturer Name and Model Number specified are not available ADJC reserves the right to consider "Or Equal" alternatives. Additional criteria when considering alternatives under this situation shall include a comparison of how the “Or Equal” meets the specified item in quality, design, specifications, etc.

Consideration will be given to bids on Manufacturer and Model Number quoted as “Or Equal” meeting minimum required specifications. However, ADJC will be the sole decision maker regarding “Or Equal” quality. Manufacturer Name and Model Number must be written on the Pricing Sheet (Attachment II).

Descriptive literature must accompany bid, if offering an “Or Equal” item.

Equipment for Scanners and Accessories

UNIFORM TERMS AND CONDITIONS

Arizona Department of Juvenile Corrections Procurement Office

UNIFORM TERMS AND CONDITIONS VERSION 9

UPDATED JULY 1, 2013

1. Definition of Terms As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer.

1.2. “Contract” means the combination of the Solicitation, including the Uniform and Special

Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

1.3. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.4. “Contractor” means any person who has a Contract with the State.

1.5. “Days” means calendar days unless otherwise specified.

1.6. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.

1.7. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.8. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.9. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.10. “Services” means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

1.11. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

1.12. “State” means the State of Arizona and Department or Agency of the State that executes the Contract.

1.13. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

2. Contract Interpretation

2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform

Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.)

Title 2, Chapter 7.

2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

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