CTR061513_Flags__Flagpoles_and_Hardware_Contract.pdf

STATE OF ARIZONA

Department of Veterans’ Services

NOTICE OF INVITATION FOR BID

ARIZONA DEPARTMENT

OF VETERANS’ SERVICES

3839 N. 3rd Street Phoenix, Arizona 85012

Cover Page

SOLICITATION NUMBER:

BPM004670 - PART 1, LOT 1, ROUND 1

SOLICITATION DUE

DATE/TIME:

July 20, 2022

SUBMITTAL LOCATION: https://app.az.gov

DESCRIPTION: Flags, Flagpoles and Hardware

PRE-BID CONFERENCE: There will be a Pre-Bid Conference for this Solicitation.

In accordance with Arizona Revised Statute (A.R.S.) § 41-2533, competitive sealed bids for the services specified will be received by the Arizona Department of Health Services (ADHS) online in the State of Arizona’s online procurement system APP, at https://app.az.gov . Bids received by the due date and time will be opened. The name of each Bidder will be publicly available. Bids must be submitted in the State of Arizona's Procurement Portal on or prior to the date and time indicated. Late Bids will not be considered. It is the responsibility of the bidder to routinely check the APP web site for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Bidders shall download and save attachments to their computer, save the information entered, and submit (upload) the completed information as a new, appropriately renamed Attachment in the State’s e-Procurement system. The State’s e-Procurement system will not save information entered directly on the attachments.

It is the Bidder’s responsibility to routinely check the State’s e-Procurement system, Arizona Procurement Portal for Solicitation Amendments.

Inquiries regarding the solicitation are required to be submitted online through the State’s e-Procurement system using the Discussion Forum Tab, five (5) calendar days prior to the Solicitation due date. NOTE: Questions on how to submit the bid shall be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or (602) 542- 7600.

For submittal of an exception or to request a substitution to the solicitation, see Uniform Instructions to Bidders, section 2.4, Timeliness.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to the Solicitation contact person named below.

BIDDERS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION CAREFULLY.

Solicitation Contact:

Monica Delarosa

Procurement Officer

Arizona Department of Health Services

Phone: 602-234-8407 https://app.az.gov/ https://app.az.gov/

Email: mdelarosa@azdvs.gov

Part One (1) – Table of Contents

OF VETERANS’ SERVICES

3839 N. 3rd Street

Phoenix, Arizona 85012

INVITATION FOR BID No.: BPM004670

Flags, Flagpoles and Hardware

*The following Table of Contents applies to all attachment documents in APP for this Solicitation*

SECTION CONTENT

I. Pre-Solicitation Documents Legal Notice

II. Part One (1) Notice Page

Table of Contents

Specifications

Special Terms and Conditions

Uniform Terms and Conditions

III. Part Two (2) Special Instructions to Bidders

Uniform Instructions to Bidders

IV. Attachments located in APP within the “Technical Questionnaire” tab:

Attachment A: Offer and Acceptance

Attachment B: References

Attachment C: Experience and Capacity Questionnaire

Attachment C-2: Key Personnel

Attachment C-3: Proposed Subcontractors

Attachment D: Designation of Confidential, Trade Secret and Proprietary Information

Attachment E: Boycott of Israel Disclosure

Attachment F: COVID-19 Mandate

Part One (1) – Specifications

OF VETERANS’ SERVICES

3839 N. 3rd Street

I. SPECIFICATIONS

1. INTRODUCTION:

1.1 The Arizona Department of Veterans’ Services (ADVS) has a demand to purchase Flags, Flagpoles, and Hardware for our various locations. The Arizona Veterans’ Home –Phoenix, Arizona Veterans’ Home- Tucson, Arizona State Veterans’ Home-Yuma, Arizona Veterans’ Home – Flagstaff, Southern Arizona Veterans’ Memorial Cemetery-Sierra Vista, Arizona Veterans’ Memorial Cemetery-Marana and the Arizona Veterans’ Memorial Cemetery-Camp Navajo.

2. BACKGROUND:

2.1 ADVS will be purchasing, as needed, quantities of requested materials during the contract period. The vendor shall take this into consideration and provide below the minimum quantities of assorted items and/or minimum quantities of one item for freight prepaid delivery or provide the dollar amount required to qualify for pre-paid delivery.

3. OBJECTIVE:

3.1 The intent of this solicitation is to allow ADVS to enter into a contract with qualified individuals and/or organizations to provide Flags, Flagpoles and Hardware.

3.2 The Contractor shall provide Flags, Flagpoles and Hardware in accordance with the provision and requirements specified in the solicitation. ADVS does not guarantee the use of any resultant contract or the need for performance of services at the level indicated in this solicitation.

4. GENERAL REQUIREMENTS:

4.1 All flags shall be delivered within ten (10) business days of placement of the order;

4.2 All flags shall be made in the United States;

4.3 The Contractor shall have all licenses and authorization to sell Flags, Flagpoles and Hardware

5. FLAG REQUIREMENTS:

5.1 Nylon Flags shall:

5.1.1 Be made with lightweight weather resistant nylon fabric;

5.1.2 Include but not limited to: U.S. Flags, Arizona State Flag, Armed Forces Flags & POW/MIA Flags.

5.2 Outdoor High Wind Flags shall:

5.2.1 Be made with 2 ply polyester flag material;

5.2.2 Have embroidered or appliqued stars, sewn strips, and reinforced fly ends;

5.2.3 Have galvanized metal or brass grommets;

5.2.4 Be Fade-Resistant;

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5.2.5 Include but not limited to: U.S. Flags, Arizona State Flags, Armed Forces Flags & POW/MIA Flags;

and

5.2.6 POW/MIA Flags shall be Double Sided.

5.3 Honor and Remember Outdoor Flags shall:

5.3.1 Be made with commercial grade nylon fabric with header and grommets;

5.3.2 Be screen-printed, one-sided.

5.4 Cotton Flags shall:

5.4.1 Be printed on 100% cotton, hemmed on all sides;

5.4.2 Include gold spear and natural wood color handle.

6. PRESENTATION SETS

6.1 Presentation Sets shall include:

6.1.1 3’ x 5’, Gold fringed nylon Flag with Sewn stripes, embroidered rayon stars and pole hem.

6.1.2 8’ 2-piece oak finish pole with brass screw point;

6.1.3 7” Eagle top;

6.1.4 9’ cord and tassel;

6.1.5 Stand; and

6.1.6 Include but not limited to: U.S. Flag, State Flags, Armed Forces Flags, POW Flags

7. FLAGPOLES:

7.1 Flagpoles shall include but not limited to Commercial Grade poles in fiberglass, aluminum and wall mount flagpoles.

7.2 Shall include indoor and outdoor flag poles.

8. FLAGPOLE HARDWARE:

8.1 Hardware shall include but not limited to: flagpole parts, ornaments, indoor flagpole stands, lighting and accessories.

9. REQUIREMENTS:

9.1 The Contractor shall have, at a minimum:

9.1.1 The ability to successfully perform all requirements of this contract.

3839 N. 3rd Street

9.1.2 The ability to create and manage numerous individual accounts for order and placement.

9.1.3 Inventory and transportation capacities sufficient to meet customer demand and contract delivery requirements.

9.1.4 Qualified and trained personnel capable of servicing all ADVS with all requirements of this contract.

9.1.5 Customer dispute resolution services (at transaction level), multiple account set up and management, expediting services (order follow up), customer assistance.

10. ADDITIONAL REQUIREMENTS AT CONTRACT AWARD:

The Contractor shall:

10.1 Provide a valid Certificate of Liability Insurance (COI) within five (5) business days of notice of contract award that includes all the specific types of insurance and other requirements as listed in the Special Terms and Conditions Insurance Provision 19. ADVS will not be able to issue a Purchase Order for the commencement and continuation of services without a current and valid COI on file with the Procurement Office.

10.2 The Contractor will be paid in accordance with the Contract amount, as accepted by ADVS. The

Contractor’s sole compensation will be from the Contract amounts annotated on Price List in the State Procurement Portal (APP) and for satisfactorily carrying out its obligations under the contract.

10.3 The State will not pay for services, any travel expenses, and/or products in advance. Payments will be made upon completion of services as shown by an itemized invoice, submitted by the Contractor by the 30th day of the month following service. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary information needed to properly review.

10.4 All products offered shall be available for ordering at the time of contract award and throughout the life of the contract.

10.5 The Contractor shall provide general help and ordering assistance including toll-free phone and web-based support Monday through Friday, 8:00 AM to 5:00 PM MST.

10.6 The Contractor shall provide products at the discount price offered in response to this IFB and shall perform in accordance with the contracts requirements, terms and conditions contained in this document.

10.7 The Contractor shall offer a full satisfaction guarantee. Any item that is received in error or in a defective and/or damaged condition shall be replaced within ten (10) days from notification at no cost to ADVS.

11. PRICING:

11.1 Pricing All Inclusive:

11.1.1 Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Scope of

Work and all aspects of Contractor’s offer as accepted by the State (i.e. setup, plate making, pre-press, estimated shipping, or other incidental charges). Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs and profit and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

3839 N. 3rd Street

11.2 Price Increases:

11.2.1 The State Procurement Office may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product concerned. Contractor must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price Index, or similar pricing guide.

11.2.1.1 Initial Contract prices will be honored for one (1) year after award of the Contract.

11.2.1.2 All written requests for price adjustments made by the contractor shall be initiated thirty

(30) days in advance of any desired price increase to allow State sufficient time to make a fair and equitable determination to any such requests. This may be waived upon proper documentation demonstrating the urgency of the request.

11.2.1.3 All price adjustments will be implemented by a formal contract change order. State shall determine whether the requested price increase or an alternate option is in the best interest of State.

11.3 Price Reductions

11.3.1 Price reductions shall be immediately passed along to the State and may be submitted in writing to the State for consideration at any time during the Contract period. The contractor shall offer the State a price reduction on the Contract product(s) concurrent with a published price reduction made to other customers. State at its own discretion may accept a price reduction. The price reduction request shall be in writing and include documentation showing the actual reduction of cost.

11.4 Additional Charges

11.4.1 Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the

Contract. All additional work shall be approved by the State in advance and be in accordance with the contrite rate.

11.5 Price Quotes

11.5.1 The State requires that the Contractor acknowledge via email any request for price quote they receive from ADVS within twenty-four (24) hours of receiving this request. In this acknowledgement email, the Contractor can also provide the price quote if possible. If it is not possible to provide the price quote within in the initial twenty-four (24) hours period, then the Contractor is required to give the ADVS an estimated date by when the Contractor will provide the price quote to the ADVS.

12. NOTCIES, CORRESPONDENCE, AND INVOICING:

12.1 Notices and correspondence from the Contractor to ADVS shall be sent to:

Arizona Department of Veterans’ Services Procurement Unit 3839 N. 3rd Street

12.2 Contractor shall submit all billing notices or invoices to the ordering ADVS at the address indicated on the applicable order document.

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12.3 Contractor shall submit all invoices to accountspayable@azdvs.gov

12.4 All invoice must include the following information:

12.4.1 Bill-to name and address,

12.4.2 Contractor name and contract information,

12.4.3 Remit-to address,

12.4.4 Contract number,

12.4.5 Order number,

12.4.6 Invoice number and date,

12.4.7 Date of service,

12.4.8 Contact line item number and description,

12.4.9 Quantity,

12.4.10 Unit of measure,

12.4.11 Item price,

12.4.12 Extended pricing,

12.4.13 Discount off list or catalog,

12.4.14 Taxes (if applicable) as a separate invoice line item,

12.4.15 Total invoice amount due

12.5 No Invoice without Authorization:

12.5.1 Contractor shall not seek payment for any of the following:

12.5.1.1 Materials or services that have not been authorized on an acknowledged order;

12.5.1.2 Expediting, overtime, premiums, or upcharges absent States’ express prior approval; or

12.5.1.3 Materials or services that are the subject of a Contract Amendment or Change Order that has not been fully executed.

12.6 Submitting Invoices:

12.6.1 The Contractor shall submit an invoice using the form provided or required by that ordering ADVS.

Every invoice must be accompanied by all supporting information and documentation required by the Contract and applicable laws.

12.7 Defective Invoices:

12.7.1 Without prejudice to its other rights under the Contract or further obligation to Contractor, the ordering to ADVS may, at its discretion, reject any materially defective invoice.

12.7.2 The ordering ADVS shall notify Contractor within five (5) business days after receipt if the ADVS determines an invoice to be materially defective.

12.7.3 Invoices will be deemed automatically rejected upon delivery if:

12.7.3.1 the invoice is sent to the wrong address;

12.7.3.2 the invoice does not reference the correct contract number;

12.7.3.3 the invoice is payable to any Persons other than the Contractor; or

12.7.3.4 the invoice has incorrect data or line items

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12.7.4 The ordering ADVS will have no obligation to pay against a defective invoice until Contractor has re-submitted it free of defects.

12.8 Invoicing for Task Orders:

12.8.1 For task order services, invoices must include the following information as applicable to the relevant task order being invoiced against:

12.8.1.1 Substantiation of hours worked using:

12.8.1.1.1 a detailed daily timesheet;

12.8.1.1.2 itemization to the task level; and

12.8.1.1.3 breakdown by service area and any Contract Amendments

12.8.1.2 Authorizations and receipts for all allowable reimbursable items being invoiced; and

12.8.1.3 Contractor’s certification that the invoice has been examined and to the best of

Contractor’s knowledge and belief, the invoiced amounts are entitled, correct, and accurate as can be demonstrated by the contractually required books and records upon State’s demand.

13. PAYMENTS:

13.1 The applicable ADVS property shall pay undisputed amounts due to Contractor within the time specified in subparagraph “Payments” of the Special Terms and Conditions.

13.2 The applicable ADVS property may, but is under no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Contractor’s requested payment is owed.

13.3 If the applicable ADVS property determines that an overpayment has been made to the Contractor on any prior invoice; it shall inform the Contractor of the amount and date of overpayment and may deduct the overpaid amount from amounts then or thereafter due to the Contractor.

13.4 The applicable ADVS property may pay invoices for some or all orders, at its discretion, using a purchasing card, credit card, debit card, warrant, federal wire, etc. All fees related to payment using a purchasing card are the responsibility of Contractor. Unless otherwise stated in the Contract there will be no additional fees or increases in prices associated with payment method.

13.5 The applicable ADVS property may pay invoices for some or all orders through an Automated Clearing

House (ACH). In order to receive payments in this manner from ADVS, Contractor must complete an ACH Vendor Authorization Form (GAO-618 Form) within 30 (thirty) days after the effective date of the Contract.

The form is available online at: https://gao.az.gov/afis/vendor-information

13.6 Contractor shall cooperate with the State by providing the State information including, but not limited to, Contractor’s bank information to support the State’s selected means of payment. The Contractor shall not charge the State an amount to recover any convenience fee, discounts fee, processing fee or service fee related to the acceptance of the State’s payment.

13.7 Unless otherwise specified in the Contract, the Contractor shall offer as standard payment terms a discounts of 2% for payments made within 10 days and full payment due in 30 days (generally referred to as “2/10, net 30”.

https://gao.az.gov/afis/vendor-information

Part One (1) – Special Terms and Conditions

3839 N. 3rd Street

II. SPECIAL TERMS AND CONDITIONS

1. PURPOSE:

Pursuant to provisions of the Arizona Procurement Code, A.R.S. § 41-2501 Et Seq., the State of Arizona, Department of Veterans’ Services (ADVS) intends to establish a Contract for the materials or services as listed herein.

2. TERM OF CONTRACT (1 YEAR):

The term of any resultant Contract shall commence upon final signature and shall continue for a period of One (1) Year thereafter, unless terminated, canceled or extended as otherwise provided herein.

3. CONTRACT EXTENSIONS 5 YEAR MAXIMUM:

The Contract term begins upon award and shall continue for a period of One (1) Year subject to additional successive periods of twelve (12) months per extension with a maximum aggregate including all extensions not to exceed five (5) years.

4. CONTRACT TYPE:

X Firm Fixed Price

5. LICENSES

The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor.

6. INFORMATION DISCLOSURE:

The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the State.

The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

7. KEY PERSONNEL:

7.1. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract.

8. MOST-FAVORED CUSTOMER:

Throughout the life of the contract, the Contractor shall always offer the State the Most-Favored Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

9. NON-EXCLUSIVE CONTRACT:

3839 N. 3rd Street

Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary, or when determined to be in the best interest of the State.

10. VOLUME OF WORK:

The Arizona Department of Veterans’ Services does not guarantee a specific amount of work either for the life of the Contract or on an annual basis.

11. EMPLOYEES OF THE CONTRACTOR:

All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADVS or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to the Contractor’s business.

12. ORDER PROCESS:

The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under contract with ADVS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

13. SUPPLIER PERFORMANCE REPORTS:

Program management shall document supplier performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADVS Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Officer for approval of the plan.

14. PAYMENT PROCEDURES:

14.1. ADVS accounting will not make payments to any Entity, Group or individual other than the Supplier with the

Federal Employer Identification (FEI) Number identified in the Contract. Supplier invoices requesting payment to any Entity, Group or individual other than the contractually specified Supplier shall be returned to the

Supplier for correction.

14.2. The Supplier shall review and insure that the invoices for services provided show the correct Supplier name prior to sending them to the ADVS Accounting Office for payment.

14.3. If the Supplier Name and FEI Number change, the Supplier must complete an “Assignment and Agreement” form transferring contract rights and responsibilities to the new Supplier. ADHS must indicate consent on the form. A written Contract Amendment must be signed by both parties and a new IRS W-9 form must be submitted by the new Supplier and entered into the system prior to any payments being made to the new

Supplier.

15. FINANCIAL MANAGEMENT:

15.1. For all Contracts, the practices, procedures, and standards specified in and required by the Accounting and

Auditing Procedures Manual for Arizona Department of Veterans’ Services funded programs shall be used by the Contractor in the management of Contract funds and by the ADVS when performing a Contract audit.

3839 N. 3rd Street

Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these

Contract services shall be accounted for in a separate fund.

15.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified compliance provisions of A.R.S. § 35-181.03.

15.3. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

16. INSPECTION AND ACCEPTANCE:

All services, data and required reports are subject to final inspection, review, evaluation and acceptance by the AVHS.

The ADVS may withhold payment for services that are deemed to not meet Contract standards.

17. AUTHORIZATION FOR SERVICES:

Authorization for purchase of services under this Contract shall be made only upon ADVS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADVS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADVS unless a) the Purchase Order is changed or modified with an official ADVS Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract.

18. INDEMNIFICATION CLAUSE:

18.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, 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.

18.2. This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

19. INSURANCE REQUIREMENTS:

19.1. 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

3839 N. 3rd Street to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

19.2. 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.

19.3. Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

19.3.1. Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

19.3.1.1. General Aggregate $1,000,000.00

19.3.1.1.1 Products – Completed Operations Aggregate $500,000.00

19.3.1.1.2 Personal and Advertising Injury $500,000.00

19.3.1.1.3 Damage to Rented Premises $25,000.00

19.3.1.1.4 Each Occurrence $500,000.00

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

19.3.1.3. Policy shall contain a wavier of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officicals, agents, and employees for losses arising from work performed by or on behalf fo the Contractor.

19.3.2. Business Automobile Liability

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

19.3.2.1.1. Combined Single Limit (CSL) $500,000.00

19.3.2.2. 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.

19.3.2.3. 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

3839 N. 3rd Street from work performed by or on behalf of the Contractor.

19.3.3. Workers’ Compensation and Employers' Liability

19.3.3.1. Workers' Compensation Statutory

19.3.3.2. Employers' Liability

19.3.3.2.1. Each Accident $500,000.00

19.3.3.2.2. Disease – Each Employee $500,000.00

19.3.3.2.3. Disease – Policy Limit $500,000.00

19.3.3.3. 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.

19.3.3.4. 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).

19.4. Installation Floater

19.4.1. Coverage amount is $

19.4.2. Policy shall contain an Additional Insured 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.

19.4.3. The State of Arizona and the Department shall be names as loss payee as its interest may appear.

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

19.4.5. 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.

19.4.6. 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.

19.4.7. The installation Floater must provide coverage from the time the equipment/material becomes the responsibility of th Contractor and shall continue without interruption during the installation, testing and commissioning, including any time during which th e equipment/material is being transported to the installation site, or awaiting installation, whether on or off site.

19.4.8. Policy shall contain a Waiver of Subrogation endorsement, as required by written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, 3839 N. 3rd Street officers, officials, agents, and employees for losses arising from performed by the Contractor for the

State of Arizona .

19.4.9. Contractor is responsible for the payment of all deductibles under the Installation Floater.

19.5. Additional Insurance Requirements

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

19.5.1. The Contractor's policies, as applicable, 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).

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

19.6. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, or hand delivered to Arizona Department of Verterans’ Services, 3839 N. 3rd Street, Suite 209, Phoenix, AZ 85012.

19.7. 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.

19.8. 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) evidencing that Contractor has the insurance as required by this Contract.

An authorized representative of the insurer shall sign the certificates.

19.8.1. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

19.8.2. 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.

19.8.3. 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

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State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

19.9. 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 this contract, proof from the Contractor that its subcontractors have the required coverage.

19.10. 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.

19.11. 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.

20. NEW OR ADDITIONAL PRODUCTS OR SERVICES:

The State, at its sole discretion may allow new products or services identified by the Contractor or ADVS to be incorporated. The request may be submitted at any time during the Contract period. The requested products or services shall align with the current Scope of Work and Price List.

21. PANDEMIC CONTRACTUAL PERFORMANCE:

21.1. The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. The State may require a copy of the plan any time prior or post award of a Contract. At a minimum, the pandemic performance plan shall include:

21.1.1. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce;

21.1.2. Alternative methods to ensure there are products in the supply chain; and

21.1.3. An up to date list of company contacts and organizational chart.

21.2. In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health

Organization, which makes performance of any term under this Contract impossible or impracticable, the State shall have the following rights:

21.2.1. After the official declaration of a pandemic, the State may temporarily void the Contract(s) in whole

3839 N. 3rd Street or specific sections, if the Contractor cannot perform to the standards agreed upon in the initial terms;

21.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code; and

21.2.3. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, the State, at is sole discretion, may reinstate the temporarily voided Contract(s).

21.3. The State, at any time, may request to see a copy of the written plan from the Contractor. The Contactor shall produce the written plan within seventy-two (72) hours of the request.

22. THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR TRANSPARENCY ACT

- P.L.109-282, AS AMENDED BY SECTION 6202(A) OF P.L. 110-252), FOUND AT Error! Hyperlink reference not valid. :

If applicable, the subrecipient or sub-awardee is required to abide by the Federal Funding Accountability and Transparency Act (FFATA or Transparency Act – P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/. The associated Grant Reporting Certification Form and completion instructions will be sent to the subrecipient from ADHS Program(s) responsible for the specific contract. The subrecipient or sub-awardee must return the completed form to ADHS Program(s) by the 15th of the month following that in which the award was received. Failure to complete a required Grant Reporting Certification Form may result in loss of funding.

23. TRANSITION ACTIVITIES:

23.1. The Contractor shall support the transfer of goods and services to the new Contractor at the conclusion of its

Contract;

23.2. Upon termination of this Contract, if ADVS anticipates a continued need for the Contract Services specified herein and a contract is awarded to a new Contractor, there shall be a transition of services period of not less than thirty (30) days. During this period, the existing Contractor shall work closely with the new Contractor, or

Contractors, personnel and/or staff to ensure a smooth and complete transfer of duties and responsibilities;

23.3. An authorized representative from ADVS shall coordinate all transition activities. A transition plan will be developed in conjunction with the outgoing Contractor to assist the new Contractor, or Contractors, personnel and/or staff to implement the transfer of duties;

23.4. ADVS reserves the right to determine which projects nearing completion will remain with the current Contractor of record.

23.5. The Contractor shall return all ADVS equipment, reports, and any other documentation developed during the term of the Contract that ADVS deems necessary to maintain ongoing operations.

24. CONTRACTING; PROCUREMENT; INVESTMENT; PROHIBITIONS:

24.1. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction 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 Israel.

24.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel.

https://www.fsrs.gov/

3839 N. 3rd Street

24.3. Contractor hereby certifies that it is not currently engaged in, and will not for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Contractor may result in action by the State up to and including termination of this Contract.

25. SECTION 508 IT COMPLIANCE:

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this solicitation shall comply with A.R.S. § 41-3531 and 3532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

26. CUSTOMER SATISFACTION:

26.1. ADVS may design and conduct an annual evaluation with staff periodically to determine Contractor compliance with tasks in the Scope of Work. The Hospital shall distribute the survey to staff at its discretion. Surveys will be returned to the ADVS Procurement Office for tabulation and evaluation. ADVS shall share the results of the survey with the Contractor. Any deficiencies shall be noted and corrections made by the Contractor within thirty

(30) days of receipt of the survey results.

27. SELF INSPECTION AND QUALITY CONTROL:

The Contractor is required to have a plan for self-inspection and quality control for all assigned tasks. The Contractor shall be able to demonstrate that requested work has been completed in a timely and quality conscious manner. The Contractor shall submit a copy of their updated plan and revised copies throughout the term of this contract.

28. CONTRACTOR EMPLOYEE TRAINING PROGRAMS:

The Contractor is required to have an employee-training program that assists employees in improving their knowledge concerning the specifics of their job and providing customer service that meets or exceeds the ADVS expectations, including new employee orientation. Proof of completion of contractor’s employee-training program(s) may be requested.

29. NEW EQUIPMENT:

All equipment, and supplies provided for through this Contract shall be brand new. Equipment shall be warranted by the Original Equipment Manufacturer. Evidence of such warranty may be required to be provided, prior to payment of any submitted invoice. ADVS will not accept or pay for any equipment delivered and found to be remanufactured, rebranded, or refurbished.

30. PRODUCT DISCONTINUANCE:

In the event that a manufacturer discontinues a product or groups of products, the State at its sole discretion may allow the Contractor to provide substitutes for the discontinued product(s) or allow the deletion of such products from the Contract. The request may be submitted at any time during the Contract period and shall be supplemented with the following information. Failure to supply any of the following information with the request may result in the State not considering the request.

31. DEFECTIVE PRODUCTS

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All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the State within seven (7) days of initial notification.

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III. UNIFORM TERMS AND CONDITIONS

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.

3839 N. 3rd Street

2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the

State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Special Terms and Conditions;

2.3.2. Uniform Terms and Conditions;

2.3.3. Statement or Scope of Work;

2.3.4. Specifications;

2.3.5. Attachments;

2.3.6. Exhibits; and

2.3.7. Documents referenced or included in the Solicitation.

2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this

Contract shall be deemed to be the employee or agent of the other party to the Contract.

2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

2.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

2.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

3. CONTRACT ADMINISTRATION AND OPERATION:

3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract.