CTR062939_Contractor_Bid_Response_B_H_Foto.pdf

OFFER AND ACCEPTANCE

BPM004760

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

BPM004760 Required Forms updated 01-14-2020

Offer and Acceptance Form OFFER

TO THE STATE OF ARIZONA:

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

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

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

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

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

3. The Offeror certifies compliance with A.R.S.§41-3532�when�offering�electronics�or�information�technology�products,�services�or� maintenance.

4. The Offeror is not debarred from, or otherwise prohibited from participating in any contract awarded by any federal, state or local government.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

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

This Contract shall henceforth be referred to as Contract No. ____________________________________________________.

The effective date of the Contract is ____________________________________________________.

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

State of Arizona Awarded this day of

Kristen Micurescu, CPPB, as Branch Chief and not personally

B&H Foto and Electronics Cor

420 Ninth Ave

New York NY 10001 government@bhphoto.com

Dominique Costa

Contract Manager

212-239-7500

212-239-7759

Designation of Confidential, Trade

Secret & Proprietary Information

Arizona Game and Fish Department Purchasing Office

Designation of Confidential, Trade Secret & Proprietary Information All materials submitted as part of a response to a solicitation are subject to Arizona public records law a will be disclosed if there is an appropriate public records request at the time of or after the award of the contract.

Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(50).

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

All offerors must select one of the following:

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

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

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

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

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

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(50) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

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

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process.

Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign x

B&H Foto and Electronics Corp

420 Ninth Ave

New York NY 10001

Dominique Costa

Contract Manager

Designation of Confidential, Trade

Secret & Proprietary Information

Arizona Game and Fish Department Purchasing Office

R2-7-103. Confidential Information

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

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

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

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

2. The designated information is not confidential; or

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

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

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

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

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

Participation in Boycott of Israel

Arizona Game and Fish Department Purchasing Office

BPM004760 Required Forms updated 1-14-2020 SPO For No. 205

Boycott of Israel Disclosure

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the

Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

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

• Contractor is a sole proprietorship;

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

• Contractor is a non-profit organization.

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

Under A.R.S. §35-393:

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

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

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

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

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

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

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

☐ The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

☐ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-

393 et seq.

x

Participation in Boycott of Israel

Purchasing Office

BPM004760 Required Forms updated 1-14-2020 SPO For No. 205

☐ Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

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

� Contractor is a sole proprietorship;

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

� Contractor is a non-profit organization.

Company Name Signature of Person Authorized to Sign

B&H Foto & Electronics Corp.

420 9th Ave

New York, NY 10001

Shmuel Lewis

Bid Analyst

ATTACHMENT I

Purchasing Office

Attachment I, Subcontractors

SUBCONTRACTORS

Bidder shall identify all proposed subcontractors/material suppliers that will be utilized to perform any portion of the Specifications. Additional Subcontractor(s) not listed below or on a supplemental page must receive written approval from AGFD before utilization.

Name of Subcontractor

City, State

Number of years in business

Type of business (LLC, Corporation, Sole Proprietor, etc.)

Service to be provided

Name of Subcontractor

City, State

Number of years in business

Type of business (LLC, Corporation, Sole Proprietor, etc.)

Service to be provided n/a

ATTACHMENT II

Purchasing Office

Attachment II, Pricing

PRICING

1) Enter your unit price per item in the “Unit Price” field of each item in the items tab in the Arizona Procurement Portal. For item I1_6, enter your percent discount off list amount Your bid cannot be awarded if you fail to do this.

Items to be priced in the items unit price field in APP:

I1_1 Swarovski Optik 10x42 EL Waterproof Roof Prism Binocular, 6.4 deg angle view, Mfr# 37010

I1_2 Leupold GR 12-40x60 Spotting Scope Mfr# 120371

I1_3 Vortex Optics Razor HD22-48x65 Straight Viewing Spotting Scope, Porro Prism, Multicoated, Waterproof, Fogproof Mfr# RS-65S

I1_4 Leica 10x42 Geovid-R Roof Prism Binocular, Rangefinder Yds,6.3 deg angle view Mfr 40428

I1_5 Zeiss 10x42 Conquest HD Waterproof Prism Binocular with 6.6degree angle of View Mfr 524212-

0000-000

I1_6 Percent discount off list for additional related items and accessories not specifically listed

See attached

General Discount ranges from 0.5% - 25% depending on items;

discount excludes kits/bundles, gift cards, and manufacturer’s unilaterally price-locked items, which will be 0%.