CTR063422.M22-0040_Award_Documents_Generator_Maintenance___Repairs.pdf

Douglas A. Ducey Maj Gen Kerry L Muehlenbeck Governor The Adjutant General

December 1, 2022

Central Power Systems & Service 446 N. Austin Drive Chandler, Arizona 85226 Attn: Michael Weaver Email: michael.weaver@cpower.com

Re: NOTICE OF INTENT TO AWARD: Generator Maintenance & Repairs

BPM004972/M22-0040

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

Prior to making the formal award and issuing the resultant purchase order, you must provide an electronic copy of the following documents to robert.coleman@azdema.gov:

1. Certificate(s) of Insurance.

2. Workers Compensation Documentation.

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

The Arizona Department of Emergency and Military Affairs must be named as the certificate holder and as the additional insured on the certificate of insurance. The insurance certificate must be provided on an ACORD form (or equivalent format approved by the State of Arizona). Additionally, your firm must maintain the minimum coverage limits stated in the contract/solicitation throughout the contract performance period. A minimum thirty

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

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

If you have questions, I may be reached via email to the email address listed above.

Sincerely, Robert Coleman Procurement Specialist

Cc: Electronic File

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILTARY AFFAIRS

5636 East McDowell Road, Bldg M5800 Phoenix, Arizona 85008-3495 mailto:michael.weaver@cpower.com mailto:robert.coleman@azdema.gov

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

DEMA Procurement Office, Bldg M5800 5636 East McDowell Road

Phoenix, Arizona 85008-3495

Maj Gen Kerry L Muehlenbeck The Adjutant General

INVITATION FOR BID: BPM004972/M22-0040

Generator Maintenance & Repairs

PARTICIPATION IN BOYCOTT OF ISRAEL

(Required - Submit with Bid)

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

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01 This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance.

As defined by A.R.S. §35-393.01:

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

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

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

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

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

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

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

(b) that are held in an index fund.

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.

6. ”Public fund" means the state treasurer or a retirement system.

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

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