THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

Request for Proposal

REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL NO: BPM005586 DUE DATE: August 18, 2023 by3:00 P.M. Phoenix AZ

In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials and services specified will be received by the Arizona Game and Fish Department (AZGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP) at https://app.az.gov .

Proposals received in APP by the due date and time will be opened. The name of each Offeror will be publicly available. Late proposals will not be considered. Proposals submitted outside of the APP system will be rejected.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR

PROPOSAL INCLUDING ALL DOCUMENTS LOCATED IN THE “RFX EXHIBITS” TAB OF

https://app.az.gov AS INCORPORATED HEREIN BY REFERENCE.

Branch: Wildlife Aquatics Material and/or Service: LIVE, STERILE RAINBOW TROUT - DELIVERED Contract Type: Term Five (5) years

A PRE-OFFER CONFERENCE WILL NOT BE HELD.

Procurement Contact:

Donna Bailloux Phone: 480-617-5182 Fax: 623-236-7327 Email: procurement@azgfd.gov July 24, 2023:

https://app.az.gov/ https://app.az.gov/

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM005586

Table of Contents

Contents

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

INTRODUCTION AND BACKGROUND

SCOPE OF WORK

EVALUATION CRITERIA

INDEMNIFICATION AND INSURANCE

SPECIAL TERMS AND CONDITIONS

UNIFORM TERMS AND CONDITIONS

EXHIBIT I

Additional documents located in the “RFX Exhibits” tab of APP are incorporated herein by reference.

INTRODUCTION AND BACKGROUND

Purchasing Office

Introduction and Background

1. INTRODUCTION

1.1 This document constitutes a Request for Proposal (RFP), via competitive sealed proposals from qualified individuals and organizations to perform the Scope of Work set forth herein.

1.2 For ease of use, this document includes the Introduction and Background and the Scope of Work, including indemnity and insurance requirements, Evaluation Criteria, Special Terms and Conditions, Uniform Terms and Conditions and Exhibits if applicable. Additional documents located in the Solicitation in APP are included by reference.

2. BACKGROUND

2.1 The purpose of this RFP is primarily to obtain healthy, catchable-sized, live, sterile (triploid)

Rainbow Trout for the Arizona Game and Fish Department (AZGFD) Community Fishing Program (CFP), and secondarily to obtain, as needed, rainbow trout for replacing lost fish from Arizona Hatcheries, stocking for special events (e.g., fishing clinics), and other periodic needs for trout.

2.2 The AZGFD’s Community Fishing Program is a well-established and growing program that currently includes fifty-two (52) waters that are stocked seasonally, and additional State waters that are stocked periodically as needed.

2.3 Offerors may bid on specific waters, cities/communities, groups of waters/cities/communities or all waters. Specify in Required Forms, Method of Approach.

2.4 Because this contract involves growing fish in advance, it is in the best interest of the State to awarded the contract for a period of five (5) years.

SCOPE OF WORK

Purchasing Office

Scope of Work

1. GENERAL REQUIREMENTS

The purpose of the Request for Proposal (RFP) is to obtain healthy, live, catchable-sized, sterile (triploid) rainbow trout for the Arizona Game and Fish Department (AZGFD) Community Fishing Program (CFP) or other waters as needed, in accordance with this Scope of Work.

2. SPECIFIC REQUIREMENTS

The Proposal submitted shall fully describe the experience/expertise/reliability and method by which the offeror proposes to meet or exceed the requirements described in this RFP. This information shall be presented in the “Required Forms” document located in the RFx Exhibits tab in APP. Offerors can provide additional information in the “RFx Exhibits” tab of their offer in APP.

2.1 FISH QUANTITIES (estimated) – Catchable-size rainbow trout

2.1.1 Statewide Core and Expansion Waters within the Community Fishing Program (CFP): 52,000 to 68,000 pounds per year. Includes 6 to 9 deliveries per yeur of an estimated 5,800 pounds per delivery to Core Waters, plus roughly 4 deliveries per year of an estimated 3,400 pounds per delivery to Expansion Waters. Supplier may be asked to periodically supply rainbow trout to other waters either in addition to, or in lieu of the listed waters herein. Specific waters and estimated pounds per stocking for the CFP are as follows:

CFP

Category

City Water Months Avg pounds per delivery

# of stockings

Estimated total pounds

Core Tucson Lakeside Lake

Nov-Mar 420 6 (up to 9) 2520

Core Tucson Kennedy Lake

Nov-Mar 320 6 (up to 9) 1920

Core Tucson Silverbell Lake

Nov-Mar 420 6 (up to 9) 2520

Core Sahuarita Sahuarita Lake

Nov-Mar 330 6 (up to 9) 1980

Purchasing Office

CFP

Category

City Water Months Avg pounds per delivery

# of stockings

Estimated total pounds

Core Maricopa Copper Sky Lake

Nov-Mar 160 6 (up to 9) 960

Core Tempe Kiwanis Lake

Nov-Mar 400 6 (up to 9) 2400

Core Scottsdale Chaparral Lake

Nov-Mar 350 6 (up to 9) 2100

Core Queen Creek

Mansel Carter Oasis Lake

Nov-Mar 160 6 (up to 9) 960

Core Chandler Veterans Oasis Lake

Nov-Mar 160 6 (up to 9) 960

Core Chandler Desert Breeze Lake

Nov-Mar 140 6 (up to 9) 840

Core Mesa Red Mountain Lake

Nov-Mar 300 6 (up to 9) 1800

Core Mesa Riverview Lake

Nov-Mar 180 6 (up to 9) 1080

Core Tempe Evelyn Hallman

Nov-Mar 100 6 (up to 9) 600

Core Phoenix Papago Ponds

Nov-Mar 180 6 (up to 9) 1080

Core Phoenix Alvord Lake Nov-Mar 400 6 (up to 9) 2400

Core Phoenix Desert West Lake

Nov-Mar 210 6 (up to 9) 1260

Purchasing Office

City Water Months Avg pounds per delivery

# of stockings

Estimated total pounds

Core Phoenix Encanto Lake

Nov-Mar 200 6 (up to 9) 1200

Core Phoenix Steele Indian School Pond

Nov-Mar 100 6 (up to 9) 600

Core Phoenix Cortez Lake Nov-Mar 160 6 (up to 9) 960

Core Peoria Rio Vista Pond

Nov-Mar 120 6 (up to 9) 720

Core Peoria Pioneer Lake Nov-Mar 200 6 (up to 9) 1200

Core Peoria Paloma Lake Nov-Mar 150 6 (up to 9) 900

Core Surprise Surprise Lake

Nov-Mar 220 6 (up to 9) 1320

Core Buckeye Sundance Lake

Nov-Mar 160 6 (up to 9) 960

Expansion Somerton Council Park Pond

Nov-Mar 120 4 480

Expansion Yuma Yuma West Wetlands Pond

Nov-Mar 140 4 560

Expansion Yuma PAAC Pond Nov-Mar 150 4 600

Expansion Yuma Fortuna Lake Nov-Mar 200 4 800

Expansion Casa Grande Dave White Pond

Nov-Mar 120 4 480

Expansion Maricopa Pacana Pond Nov-Mar 150 4 600

Purchasing Office

City Water Months Avg pounds per delivery

# of stockings

Estimated total pounds

Expansion Safford GRAHAM

CNTY

FAIRGROU

NDS

Nov-Mar 200 4 800

Expansion Avondale Alamar Pond Nov-Mar 150 4 600

Expansion Avondale Friendship Pond

Nov-Mar 100 4 400

Expansion Avondale Festival Fields Pond

Nov-Mar 150 4 600

Expansion Glendale Heroes Regional Pond

Nov-Mar 200 4 800

Expansion Glendale Bonsall Pond Nov-Mar 160 4 640

Expansion Phoenix Roadrunner Pond

Nov-Mar 160 4 640

Expansion Scottsdale Eldorado Pond

Nov-Mar 160 4 640

Expansion Mesa Eastmark Pond

Nov-Mar 120 4 480

Expansion Gilbert Gilbert Regional Park Pond

Nov-Mar 200 4 800

Expansion Gilbert Discovery Pond

Nov-Mar 220 4 880

Purchasing Office

City Water Months Avg pounds per delivery

# of stockings

Estimated total pounds

,Expansion Gilbert McQueen Pond

Nov-Mar 150 4 600

Expansion Gilbert Freestone Pond

Nov-Mar 200 4 800

Expansion Gilbert Water Ranch Nov-Mar 200 4 800

Expansion Mesa Greenfield Pond

Nov-Mar 150 4 600

Upper Elevation

St Johns Patterson Ponds

Oct-Nov & Mar-Apr

320 4 1280

Upper Elevation

Show Low Show Low Creek

Oct-Nov & Mar-May

180 6 1080

Upper Elevation

Prescott Valley

Fain Lake Oct-Nov & Mar-Apr

200 4 800

Upper Elevation

Prescott Valley

Yavapai Lakes

Oct-Nov & Mar-Apr

200 4 800

Trout Only Payson Green Valley Lakes

Oct-May 350 14 1400

GRAND

TOTAL

52,200

Purchasing Office

2.2 FISH SIZES

2.2.1 Catchable Sized Rainbow Trout: Rainbow Trout (Oncorhychus mykiss) shall be an average size of between 1.75 and 1.33 fish per pound; 10.5 minimum length required with a preferred average length of 11 to 12 inches per delivery. Catchable-size trout shall comprise ninety percent (90%) of the total weight per delivered load.

2.2.2 Specific-Size Rainbow Trout: There may be rare occasions when fish other than catchable-sized are needed. In those cases, specific size requirements will be conveyed to the supplier to determine availability and price.

2.3 FISH CONDITION, STATE ACCEPTANCE AND INSPECTION

2.3.1 Fish shipments with more than ten percent (10%) under the minimum catchable-size will be considered nonconforming and subject to rejection. Alternatively, the fish may be stocked provisionally with the contractor required to provide additional (make-up) larger fish on the next scheduled stocking date at no additional charge to the State.

2.3.2 An AZGFD representative shall inspect all shipments for fish size conformity, accurate weights, and fish condition and health prior to acceptance for stocking. Inspection may include weigh-outs and inspections of all or part of a fish shipment to determine delivered weight, condition and average size of fish. Three to five (3-5) random dip-net sweeps within delivery tanks may also be used to examine average size.

2.3.3 All fish shall be in acceptable live, healthy condition (not experiencing a current disease/epizootic event) upon delivery and unloading at destination. An AZGFD representative shall inspect any and all shipments prior to acceptance. Any shipment or specific tank of fish with a mortality rate in excess of five (5) percent, or experiencing excessive injury, disease, or obvious lethargy at the time of delivery may be deemed to be conforming and may be rejected.

2.3.4 At the time of delivery, if it is determined by the AZGFD representative that the fish have arrived in a condition that is questionable in terms of acceptability, the AZGFD and the Contractor may jointly agree to a CONDITIONAL ACCEPTANCE, in which the load is stocked but any fish mortalities resulting from their condition upon delivery will remain the responsibility of the Contractor. Actual pounds of fish lost will be determined by multiplying the mortalities reported by AZGFD personnel (other agency personnel or park staff) over a five

(5) day period by the average fish weight of the load. The amount of fish lost shall be deducted from the applicable stocking invoice prior to payment by AZGFD. The loss of significant fish amounts (over 15%) will require the reordering of “make-up” deliveries of fish to the affected lakes as soon as practicable, but no later than the next regularly scheduled stocking unless it was the final planned stocking of the season.

Purchasing Office

2.4 LICENSES AND HEALTH CERTIFICATIONS

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

2.4.1.1 Contractor must demonstrate the ability to obtain all necessary permits from Arizona Department of Agriculture as listed below.

2.4.1.2 Contractor shall be responsible for ensuring the current license and permit status of subcontractors, if any.

2.4.2 To import fish into the State of Arizona, the Arizona Department of Agriculture requires the following:

2.4.2.1 Certificate of Aquatic Animal Health issued by a qualified fish health inspector within 12 months preceding shipment.

2.4.2.2 Aquatic Animal Entry Permit: Issued by calling (602) 542-4293. Permit is valid for fifteen (15) days.

2.4.3 AZGFD is authorized to purchase and stock Aquatic Wildlife (fish) under Arizona Statute 17- 231(6). The Department requires the following when stocking Aquatic Wildlife.

2.4.3.1 A source of aquatic wildlife that is free of diseases and causative agents and from a facility that has inspected within 12 months preceding shipment.

2.4.3.2 All fish health inspections must be conducted by a certified fish health inspector, certified fish pathologist, a fish health professional designated by a state or federal agency as a qualified fish health specialist, or a USDA accredited veterinarian for both emergency and certifiable diseases as applicable.

2.4.3.3 All sampling for fish pathogens must be conducted at the 95% confidence interval of detecting a 5% APPL (Assumed Pathogen Prevalence Level) for each lot of fish on a fish rearing facility. One lot of fish may be certified at the discretion of the fish health inspector if that is the only lot being shipped to Arizona, and so long as the inspector followed the sampling methods outlined in the most current version of the American Fisheries Society Fish Health Section Bluebook.

2.4.3.4 Facilities importing salmonid fishes from facilities whose disease hatchery classifications (Class A, B, and C) are lower than the current hatchery classification, the receiving facility is required to have a current fish health inspection conducted since the previous health inspection will be considered null and void. Contractor shall disclose all sources of eggs, fry, fingerlings, etc. when requested by AZGFD.

Purchasing Office

2.4.3.5 Fish must be free of "Emergency" fish disease agents that have not been determined to occur in Arizona. Disease agents in this category are the European and North American strains of Viral Hemorrhagic Septicemia (VE), Infectious Hematopoietic Necrosis Virus (VH), Infectious Pancreatic Necrosis Virus (VP), Infectious Salmon Anemia virus (VA), Oncorhynchus masou virus (VM), Channel Catfish Virus (VC), Sturgeon Iridovirus (VI), Epizootic Epitheliotropic disease virus (VD), Renibacterium salmoninarum (BK), Yersinia ruckeri (BR), Ceratonova shasta (SC), Tetracapsuloides bryosalmonae (SP), Enteric Septicemia of Catfish (BE), Aphanomyces invadans (SU), Heterosporis sp. (SH) Nucleospora salmonis (SN). Disease agents may be added to this category as they are identified. Fish harboring these pathogens will not be imported or stocked into waters of the State.

2.4.3.6 Fish must be free of "Limited" disease agents found to be present in Arizona waters, can be highly contagious, may cause catastrophic losses and may or may not have a known treatment. Disease agents in this category are Myxobolus cerebralis (Whirling disease, SW), Aeromonas salmonicida (Furunculosis disease, BF), Largemouth Bass virus (VL) and Flavobacterium psychrophilum (Coldwater disease, BC), Lactococcus Garvieae a gram positive coccus. Disease agents may be added to this category as they are identified in-state waters or may be moved to a more or less strict category as disease concerns change. Animals infected with these pathogens may be imported or stocked into waters of the state where the pathogen has already been identified provided the prevalence of disease is less than the known prevalence of the receiving body of water.

2.4.3.7 Salmonid examinations for Myxobolus cerebralis, the causative agent of whirling disease, must be conducted annually on 60 salmonid fish of the most susceptible species, held for a minimum of 180 temperature days at each facility using the pepsin trypsin digest method. In cases where multiple water supplies exist, fish reared in each supply must be sampled.

2.4.3.8 Fish must be free of “Reportable” disease agents that can be highly contagious and may or may not cause catastrophic losses. These pathogens may be antibiotic resistant or the pathogen cannot be legally treated. The disease agents in this category are Aeromonas salmonicida (Furunculosis disease, BK*), and Flavobacterium psychrophilum (Coldwater disease, BC*), Mycobacterium marinum (BMM), Mycobacterium shottsii (BMS), Mycobacterium pseudoshottsii (BMP), Photobacterium damselae ss. damselae (BPMDD), and Photobacterium damselae ss.piscicida (BPDP).

Spring Viremia of Carp virus (VS), Koi Herpes virus (VK), and the Asian tapeworm (Bothriocephalus acheilognathi, SB). Any isolation of these pathogens should be reported and the animals may or may not be used for stocking pending risk assessment.

2.4.4 Fish deliveries shall be in accordance with Arizona R12-4-410, Aquatic Wildlife Stocking License rules, including any additional stipulations established by AZGFD.

Purchasing Office

2.4.5 Copies of current fish health inspection reports held by the Offeror must be provided to AZGFD with the bid packet, no exceptions. Copies of all necessary licenses and certifications shall accompany each shipment. Contractor will be required to provide copies of all new, renewed, or revised licenses, permits and Fish Health Certification Reports to the Community Fishing Program Manager within 15 days of issuance.

2.4.6 Fish shall not have been exposed to any treatments or chemicals or other products that are unlawful for food fish. Fish that have been treated with legal (U.S. Food and Drug Administration approved) treatments, chemicals or therapeutants shall not be delivered to Arizona prior to the required withdrawal period for food fish consumption.

2.4.7 Contractor must inform the Community Fishing Program Manager if live trout are to be brought into Contractor’s facility from a different fish farm. If so, the source of imported trout must possess the same fish health credential, and copies thereof must be provided to the Community Fishing Program Manager. This shall apply whether or not the imported trout are intended to be sold/transported to AZGFD.

2.4.8 Trout eggs must be sterile triploids (3N) from a facility that has a 95% induction rate regardless of method.

2.5 UNAUTHORIZED FISH, AQUATIC ORGANISMS AND PLANTS

2.5.1 Under this contract, the fish species ordered by AZGFD is the only species that is authorized to be delivered. The Contractor (and any Subcontractor) shall ensure no other non-target fish species or aquatic organisms, such as turtles, frogs, crayfish, mollusks (e.g., zebra or quagga mussels, New Zealand mud snail), algae, or aquatic plants or their parts (e.g., giant salvinia, hydrilla) are present in any fish delivery. All fish deliveries shall be in compliance with the Presidential Executive Order 13112 concerning invasive species drafted February 3, 1999 (a copy may be obtained by calling (623) 236-7262). All deliveries shall be free of Restricted Live Wildlife as defined in rule R12-4-406 and Aquatic Invasive Species as identified under Director’s Order #1 (Listing of Aquatic Invasive Species for Arizona.

2.5.2 Deliveries containing unauthorized fish, non-target aquatic organisms or aquatic plants, or aquatic invasive species will be considered nonconforming and subject to immediate rejection. Subsequent deliveries may be suspended until a protocol can be implemented to ensure unauthorized fish and aquatic organisms are not transported with future deliveries.

2.6 HAZARD ANALYSIS AND CRITICAL CONTROL POINT PLANNING (HACCP)

2.6.1 To minimize risk of transporting unwanted fish, aquatic organisms, diseases, pathogens, algae and plants into or across Arizona waterways, best management practices must be utilized by the Contractor for all fish loading, hauling and delivery activities. The AZGFD may require that the successful Contractor create and use a Hazard Analysis and Critical Control Point (HACCP) planning tool for all fish deliveries into and across Arizona

Purchasing Office waterways. HACCP’s comprehensive, yet practical, planning identifies nuisance invasive species and the risk of contamination while documenting the best management practices to prevent and remove unwanted organisms. The AZGFD may work together with the Contractor to develop a mutually acceptable HACCP plan prior to the first delivery of fish under this contract. More information on HACCP can be found at www.haccp-nrm.org .

2.7 DELIVERY AND COMMUNICATIONS

2.7.1 The Contractor shall be responsible for delivery of trout to specified locations in a healthy condition of the size and quantities ordered.

2.7.2 Contractor shall provide a delivery invoice at the time of delivery that lists the company, date, fish species, average size and delivered weight. The invoice shall have a unique invoice number for that specific delivery and must separate the amount for fish and the amount for the delivery/mileage free (if applicable)

2.7.3 An AZGFD representative will provide advanced notification of the specific delivery dates, fish sizes, locations and amount (pounds) and will monitor and accompany each delivery.

Specific stocking dates are not made public so as to mitigate the public interaction with the newly stocked fish. The Contractor shall not compromise the integrity of the Community Fishing Program by disclosing scheduled stocking dates to the public. Deliveries to one or more lakes may be cancelled at any time prior to delivery, due to unsatisfactory lake water conditions that do not meet stocking protocol standards as established by the CFP.

Communication and coordination between Community Fishing Program personnel and the Contractor is critical to the performance of this contract. Dependable and efficient communication systems are essential; therefore the Contractor shall have both phone and email services available. Additionally, Contract personnel shall have mobile or cellular phones in all delivery vehicles so AZGFD staff can make contact prior to and during deliveries.

2.8 ACCEPTANCE OR REJECTION OF DELIVERY

2.8.1 Each fish delivery shall be subject to inspection by an AZGFD representative prior to acceptance. Inspection criteria shall include but not be limited to conformity to the contract fish size specifications, health, behavior and condition, and presence of non-target organisms or aquatic invasive species. An AZGFD representative shall inspect fish prior to stocking at each location. If delivered fish are unacceptable and deemed to be nonconforming, they shall be rejected. Additional, make-up deliveries shall be required with consideration given to Liquidated Damages for delays.

http://www.haccp-nrm.org/

Purchasing Office

2.9 DELIVERY REQUIREMENTS AND LIQUIDATED DAMAGES FOR DELAY

2.9.1 Delivery scheduling is an important consideration, and the Offeror is advised that AZGFD relies upon a reliable delivery schedule in contract administration, staff and task scheduling, and in meeting customer demands from the angling public. Therefore, the Offeror agrees that time is of the essence in this contract and that stated delivery commitments for fish will be met. Failure by the Contractor to meet the Department delivery schedule frequency may result in liquidated damages unless an alternate source can be located. If stockings can be rescheduled and made up within the same stocking week (Monday through Saturday as established by the CFP), then no liquidated damages shall apply.

2.9.2 Due to the difficulty in estimating the damages suffered by the State in customer complaints and lost revenue, equipment use, and employee downtime as well as associated administrative costs, the Contractor agrees to be liable to the State for the sum of $500.00 per day beginning on the Monday following a scheduled stocking week and continuing for each day that elapses between the date of notification to the Contractor as to the specific delivery commitment and the date of actual acceptance of a conforming order, not as a penalty, but as liquidated damages for the cost of said delay.

2.9.3 In the event the State terminates this contract for default in performance by the Contractor, including the failure of the Contractor to timely perform his stated delivery commitment(s), the Contractor shall be liable for the liquidated damages for delay set forth in subparagraph

b. above for any time that has elapsed from the Contractor’s delivery commitment date until such date as the contract is terminated by the State for default. Said liquidated damages are solely for the costs suffered from such delay, and shall be in addition to any other damages suffered by the State in purchasing substitute service pursuant to A.R.S. §47-2712, et seq. In the event the contract is not terminated by the State, the Contractor shall continue performance and be liable to the State for said liquidated damages, for delay until such time as conforming product and delivery is acceptable to the State.

2.9.4 The Contractor shall not be liable for any liquidated damages for delay to the extent that the performance is delayed or prevented by reason of Force Majeure, as provided in Uniform Terms and Conditions of this solicitation.

2.10 SHIPPING TERMS

2.10.1 Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries, unless a delivery/mileage fee is specified in the bid. NO ADDITIONAL FREIGHT CHARGES WILL BE AUTHORIZED. Contractor shall retain title and control of all goods until they are delivered to each lake and/or transferred into an AZGFD vehicle, and acceptance has been by the AZGFD representative. All risks of transportation and all related charges shall be the responsibility of the Contractor. The State will notify the Contractor promptly of any

Purchasing Office damaged goods and shall assist the Contractor in arranging for inspection. Delivery fees for Special Orders only shall be allowed.

2.11 FUEL SURCHARGE

2.11.1 AZGFD recognizes that fuel costs amount to a substantial portion of the fish delivery costs and that fuel prices are unpredictable. Therefore, the Offeror will specify the baseline fuel price per gallon (diesel and regular) that the bid price is based upon. Refer to Price sheet in the “Required Forms” attachment in the Arizona Procurement Portal (APP) . The AZGFD agrees to pay for actual fuel costs that are 10% or more over the baseline amount for contracted deliveries of fish. If actual fuel costs are below this baseline fuel cost, there will be no payments made for fuel surcharges.

2.11.2 To collect payment for fuel surcharges 10% or more over the baseline fuel price per gallon, the Contractor will invoice the AZGFD for the fuel surcharge on a separate invoice for each stocking delivery. An AZGFD Fuel Surcharge Worksheet must be completed and proper documentation of total miles driven for the delivery, total fuel costs, and total gallons of fuel purchased must be provided with each fuel surcharge invoice. Photocopies of the fuel receipts for the actual delivery miles driven must accompany the fuel surcharge invoice.

2.11.3 Additionally, to collect full payment for fuel surcharges 5% of more over the baseline fuel price per gallon, the Contractor shall provide documentation that total miles driven for the delivery, total fuel costs, and total gallons of fuel purchased were for the exclusive d

2.11.4 Delivery of product for AZGFD. If documentation cannot demonstrate that the delivery was exclusively for product for AZGFD, the payment for fuel surcharges will be prorated on a mutually agreeable basis with AZGFD.

3. CONTRACT TERM

The term of the resultant contract will commence on September 1, 2023 and will continue until August 31, 2028 (5 years) unless terminated or cancelled.

EVALUATION CRITERIA

4. EVALUATION CRITERIA

In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. Response to evaluation criteria is incorporated in the Required Forms.

Purchasing Office

4.1 Experience/Expertise/Reliability 40%

4.2 Method of Approach 35%

4.3 Cost 25%

In addition to the evaluation criteria, exceptions to the terms and conditions, as stated in the Uniform Instructions Section C.3, may impact an Offeror’s susceptibility for award.

INDEMNIFICATION AND INSURANCE

5. INDEMNIFICATION AND INSURANCE

5.1 Indemnification

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, and any jurisdiction or agency issuing permits for any work included in the project, and their respective directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as "Claims") arising out of actual or alleged bodily injury or personal injury of any person (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 Contractor's directors, officers, agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of 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. This indemnification will survive the termination of the above listed contract with the Contractor.

5.2 Insurance Requirements

(Service Contracts using Contractor Vehicles >$50K)

5.2.1 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 to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

5.2.2 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

Purchasing Office 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.

5.2.3 Minimum Scope and Limits of Insurance

Contractor shall provide 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 Occurrence` $1,000,000

• Personal and Advertising Injury Occurrence $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 nonowned 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.

Purchasing Office

Workers’ Compensation and Employers' Liability

• Workers' Compensation Statutory

• Employers' Liability:

o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o 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 aiver form (Sole Proprietor or Independent Contractor).

5.2.4 Additional Insurance Requirements

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

5.2.4.1 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).

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

5.2.5 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 AGFD Purchasing Dept, 5000 W Carefree Hwy, Phoenix, AZ 85086 or email procurement@azgfd.gov.

Purchasing Office

5.2.6 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.

5.2.7 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.

5.2.7.1 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.

5.2.7.2 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.

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

5.2.8 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.

5.2.9 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.

Purchasing Office

5.2.10 Exceptions

5.3 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.Instructions

Instructions to Offerors

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

SOLICITATION NO.

BPM005586

1. CONTACTS

Offerors should carefully review this solicitation for defects and questionable or objectionable matter.

Comments or questions shall be entered in the “Discussion Forum” tab of the solicitation in Arizona Procurement Portal (APP). As a secondary means of submitting written comments, direct comments to the attention of the Procurement Officer named in Arizona Procurement Portal for this solicitation. Such communication should be sent no less than five (5) business days prior to the solicitation due date and time.

Protests based on any omission or error, or on the content of the solicitation, may be disallowed if these faults have not been previously brought to the attention of the AZGFD as required herein.

2. SYSTEM FUNCTIONALITY QUESTIONS

Questions regarding the functionality of, or otherwise navigating within the Arizona Procurement Portal system should be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or 602-542- 7600.

3. REQUIRED INFORMATION

Offerors shall complete and submit the forms and attachments titled “Required Forms” in Arizona Procurement Portal’s “Attachments” tab for this solicitation. Failure to provide all information requested may result in a bid being rejected. Offerors may submit additional documents at their discretion. Any questions you wish to make to the Procurement officer need to be addressed either in Arizona Procurement Portal’s “Discussion Forum” tab or emailed to the Procurement Officer.

3.1. REQUIRED FORMS

“Required Forms” are located in the “Attachments” tab of Arizona Procurement Portal and must be completed, scanned and uploaded into your Offer in Arizona Procurement Portal.

3.2. PRICING

Complete all information as requested in Arizona Procurement Portal on the items tab. Additional pricing may also be requested in the “Required Forms” attachment in Arizona Procurement Portal.

4. PRE-BID CONFERENCE

If Pre-Bid Conference is being held, the time and place will be indicated in the solicitation’s ‘Pre-Bid Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal (https://app.az.gov). Attendance requirements will also be indicated in this field. See Uniform Instructions to Offerors, Pre-Offer Conference.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AZGFD Deputy Director, 5000 West Carefree Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

5. SITE VISITATION

If a specific jobsite is listed in the Specifications, Offerors are required to examine carefully the job site and satisfy themselves as to the man-hours and conditions to be encountered in performing the work.

Submission of a bid is prima facie evidence that the Offeror has examined the work site, plans, specifications, and amendments. The Offeror understands all work and contract requirements and is aware of all conditions that might impact work performance.

In the event of a contract awarded, no plea of ignorance of conditions that exist, or may hereafter exist, or of difficulties that may be encountered in the provision of services under the contract will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Contract, nor accepted as a basis for any claims for extra compensation.

6. ALTERNATE BID

If the bidder submits an alternate bid for an Invitation for Bid (IFB), each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included. Offerors may submit multiple options in a single document when responding to a Request For Proposal (RFP).

7. BID SOLICITATION AMENDMENT ACKNOWLEDGEMENT

If the State issues an amendment (i.e., new round), the supplier will be notified via email and will be required to acknowledge receipt of the amendment and re-submit a bid if one was already submitted prior to the amendment. While submitting a response to an amendment, the supplier has the ability to copy forward previous offer responses to streamline the submission process.

Offers (quotes) received without acknowledgment of Amendments through the appropriate function in Arizona Procurement Portal or by including signed copies of all solicitation amendments in the “Attachments” tab of their Offer (quote) may be deemed as non-responsive.

8. EVALUATION

In accordance with the Arizona Procurement Code A.R.S. § 41-2533, Competitive Sealed Bidding, IFB awards shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the solicitation.

In accordance with the Arizona Procurement code A.R.S. § 41-2534, RFP awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed in the solicitation Scope of Work.

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

9. CLARIFICATION OF OFFER

9.1. The purpose for clarifications is to provide for a greater mutual understanding of the solicitation response.

Clarifications are not negotiable and material changes to the solicitation response shall not be made by clarification.

9.2. The procurement officer may request clarification from offerors at any time after receipt of solicitation response. Clarifications may be requested orally or in writing. If clarifications are requested orally, the offeror shall confirm the request in writing. A request for clarifications shall not be considered a determination that the offeror is susceptible for award.

10. NON-EXCLUSIVE CONTRACT

The AZGFD shall have the right to go outside of the contract to obtain similar goods or services from another source when necessary to meet the requirements of the AZGFD.

11. ESTIMATED QUANTITIES

The quantities listed in the solicitation are estimates only. Actual quantities purchased may vary from estimates. The State reserves the right to purchase greater or lesser quantities than indicated without penalty.

12. NOT A GUARANTEE OF WORK

The State makes no guarantee as to the amount of work to be assigned to any Contractor and may exercise its option not to utilize the Services requested herein. The State is under no financial obligation to any selected Contractor unless the State issues a purchase order(s) for a specific assignment(s).

13. ADDITIONAL LOCATIONS

The current locations listed in the solicitation may vary. The State and AZGFD reserves the right to add future locations as circumstances may require without penalty to fulfill the needs of the Department.

14. NEW EQUIPMENT

All equipment, materials, parts and other components incorporated in the work or an item covered by this contract shall be new, of the latest model and of the most suitable grade for the purpose intended.

Offers must be for equipment on which the original manufacturers' serial number has not been altered in any way. Throughout the contract term, the State reserves the right to reject any altered equipment.

15. BRAND NAME OR EQUIVALENT SPECIFICATION

The brand name or equivalent specification used in this solicitation is for the purpose of describing the standards of quality, performance, and characteristics desired, and are not intended to limit or restrict competition. Any

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086 offer which proposes equal quality, design, or performance will be considered if the product offered is identified in the bid, including sufficient technical information, and is determined by the State to be an equal in all material respects to the brand name product referenced in the solicitation.

16. DESCRIPTIVE LITERATURE

AZGFD reserves the right to request the complete manufacturer's descriptive literature regarding the equipment to be furnished under this solicitation or provided per the contract scope of work/Specifications.

Literature shall be sufficient in detail in order to allow full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected or cancellation of the contract/order.

17. INDEPENDENT CONTRACTOR

Contractor is an independent contractor and shall act in an independent capacity in performance under the Contract. Neither party is, or is to be construed as, being the employee or agent of the other party and no action, inaction, event or circumstance will be grounds for deeming it to be so.

18. SUBCONTRACTORS

Offerors may subcontract to third party vendors to meet requirements as set forth in this solicitation.

A third party vendor is defined as being completely owned and operated separately from the Offeror.

If requested in the Scope of Work/Specifications, the Offeror shall provide a list of all subcontractors as an attachment to your offer in the Arizona Procurement Portal. Please provide all information requested on the “Subcontractors” page of the “Required Forms” attachment. Construction services also require the Contractor’s License Number.

Neither this agreement, nor any portion thereof, may be assigned by the Contractor without the written consent of the AZGFD first having been obtained.

19. REFERENCES

If requested in the “Required Forms,” the Offeror shall provide a minimum of three (3) references that shall be current and relevant to the intended purpose of the solicitation. Please provide all information requested on the “References” page of the “Required Forms” attachment.

20. PRICING

If the solicitation requests pricing, the total purchase price shall include product, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal. If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested.

Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer Preparation, Identification of Taxes in Offer.

21. TAXES

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

The AZGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as requested. When applicable, the tax rate and amount shall be identified in your offer in Arizona Procurement Portal. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

If this is for construction services, the amount of taxes shall be listed on a separate line from the bid amount as indicated on the “Items” tab in Arizona Procurement Portal in compliance with the Uniform Terms and Conditions, Costs and Payments, Payments.

22. INVOICING

The AZGFD will not pay for services and/or products in advance. Payments will be made 30 days after completion of services and expenses, as shown by an itemized invoice submitted by the Contractor and approved by the AZGFD. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary justification documentation needed to properly review. Payment for items not authorized under this contract will be rejected unless authorized AZGFD personnel have given prior approval.

23. TRANSPORT AND SHIPPING TERMS

Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries. ADDITIONAL FREIGHT CHARGES WILL NOT BE AUTHORIZED. Contractor shall retain title and control of all goods until they are delivered to the Arizona Game and Fish Department and acceptance has been made by a representative of the AZGFD. All risks of transportation and all related charges shall be the responsibility of the Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

The Contractor shall be fully responsible for the transport of the equipment to and from AZGFD, for installation and for the…