CTR071901_Solicitation_Requirements.pdf

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

REQUEST FOR QUOTE

REQUEST FOR QUOTE NO: BPM006138 BID DUE DATE: April 10, 2024 3:00 P.M. MST.

LOCATION: Arizona Game and Fish Department Purchasing Office 5000 West Carefree Highway Phoenix, Arizona 85086

This procurement is expected to be less than $100,000. In accordance with A.R.S. § 41-2535 and A.A.C.

R2-7-D301 purchases under $100,000 are restricted to small businesses. A small business is one that, including its affiliates, is independently owned and operated, is not dominant in the type of business it conducts, and which employs fewer than 100 full-time employees OR which had gross receipts of less than $4 million dollars in its last fiscal year (A.A.C. R2-7-101 (44). IF YOUR ORGANIZATION IS NOT A SMALL BUSINESS

PLEASE SO INDICATE IN THE SECTION PROVIDED ON PAGE THREE, OFFER AND ACCEPTANCE.

NON-SMALL BUSINESSES WILL BE CONSIDERED IF NO SMALL BUSINESSES SUBMIT

QUALIFIED BIDS.

Bids received in Arizona Procurement Portal (APP) by the due date and time will be opened. The name of each Offeror and their un-evaluated pricing will be publicly available. Bids are to be submitted in the State’s Arizona Procurement Portal system prior to the date and time indicated. The due date and time are indicated in APP as the Bid Opening Date. Late bids will not be considered. Bids submitted outside of the Arizona Procurement Portal system will be rejected.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR QUOTE.

Branch: INFORMATION EDUCATION SHOOTING SPORTS BRANCH

Material and / or Service: HEARING & EYE PROTECTION, SPECIALTY TARGETS, AND OTHER

RANGE RELATED ITEMS

Contract Type: FIXED PRICE

Contract Term: ONE YEAR EXTENDABLE

NOTE: A PRE-BID CONFERENCE WILL NOT BE HELD FOR THIS SOLICITATION.

Procurement Contact:

Buyer:Nancie Hays Phone:623-236-7463 Fax: 623-236-7327 Email: nhays@azgfd.gov Date:March 20, 2024

BPM006138

TABLE OF CONTENTS Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

SOLICITATION NO. BPM006138

1. PURPOSE 3

2. DELIVERY 3

3. SPECIFICATIONS 3

4. INDEMNIFICATION AND INSURANCE 5

INFORMAL SOLICITATION SPECIAL TERMS AND CONDITIONS 9

UNIFORM TERMS AND CONDITIONS 21

EXHIBIT 1 38

Additional documents located in the “Attachments” tab of the Arizona Procurement Portal (APP) are incorporated herein by reference.

SPECIFICATIONS Arizona Game and Fish Department

5000 West Carefree Highway Phoenix, Arizona 85086

SOLICITATION NO. BPM006138

. Page 3 of 38

1. PURPOSE

The purpose of this Request for Quote (RFQ is to obtain Specialty Targets, Gun Cases, Hearing and Eye Protection, and Other Range Related Items for Resale for the Arizona Game and Fish Department (AZGFD) in accordance with the Solicitation.

2. DELIVERY

Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, AZ 85086

3. SPECIFICATIONS

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 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.

3.1. Ear Muffs

3.1.1. Low Profile

3.1.2. Compact folding ear muffs preferred but not required

3.1.3. Required Safety Rating a minimum of 22 Noise Reduction Rating (NRR) or above

3.1.4. Non-Electronic or Passive Ear Muffs

3.1.5. Size-Adult

3.1.6. Size-Youth and Women

3.1.7. Color-Black Preferred but not required

3.1.8. Brand listed for comparison purposes only-Walker’s Game Ear Low Profile Folding Muffs

3.2. Eye Protection

3.2.1. Required Safety Rating Minimum ANSI Z87.1 +Standard

3.2.2. Size-Adult or Universal

3.2.3. Preferred Lens Colors, Yellow (Amber), Rose (Red), Smoke (Grey), Clear (Uncolored)

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SOLICITATION NO. BPM006138

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3.2.4. Brands Listed for Comparison Purposes Only-Radians-Shooting Glasses, Howard Leight UVEX Eye Protection

3.3. Gun Cases

3.3.1. Soft Sided Scoped Rifle Cases Length of 46” Minimum

3.3.2. Soft Sided Pistol Cases-No Minimum Length

3.3.3. Color-Black Preferred but not Required

3.4. Specialty Targets

3.4.1. Splatter Targets

3.4.2. Bulk Quantity Purchases for Individual Target Sale-no prepackaged target packs

3.4.3. Bullseye Targets with Adhesive Backing and Pasters

3.4.3.1. Target Size, 17.75” or similar

3.4.3.2. Target Size 12”

3.4.3.3. Target Size 8”

3.4.3.4. Target Size 6”

3.4.3.5. Target Size 3”

3.4.4. Bullseye Target with No Adhesive Backing

3.4.4.1. Silhouette BC27

3.4.4.2. Silhouette BC19

3.4.5. Sight In Size 12”

3.4.6. Percentage discounts on other splatter targets not listed

3.5. Percentage Discounts on Items and/or Categories not listed

3.5.1. Bulk Quantities for Resale

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SOLICITATION NO. BPM006138

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4. INDEMNIFICATION AND INSURANCE Commodity Purchase Contracts

4.1 Indemnification Clause

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. 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.

4.2 Insurance Requirements

4.2.1 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.

4.2.2 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 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.

4.3 Minimum Scope and Limits of Insurance

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

4.3.1 Commercial General Liability (CGL) – Occurrence Form

• General Aggregate $2,000,000

5000 West Carefree Highway Phoenix, Arizona 85086

SOLICITATION NO. BPM006138

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• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

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

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

4.3.2 Business Automobile Liability

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

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

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

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

4.4.3 Workers’ Compensation and Employers’ Liability

·Workers' Compensation Statutory

· Employers' Liability o Each Accident $1,000,000

5000 West Carefree Highway Phoenix, Arizona 85086

SOLICITATION NO. BPM006138

. Page 7 of 38 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 waiver form (Sole Proprietor or Independent Contractor).

4.4 Additional Insurance Requirements

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

4.4.1 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).

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

4.5 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, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

4.6 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.

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SOLICITATION NO. BPM006138

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4.7 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.

4.7.1 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.

4.7.2 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.

4.7.3 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.

4.8 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.

4.9 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.

4.10 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.

INFORMAL SOLICITATION

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

INFORMAL SOLICITATION SPECIAL TERMS AND CONDITIONS

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. LATE PROPOSALS WILL NOT BE CONSIDERED

No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

4. 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.

4.1 OFFER AND CONTRACT AWARD

Download, complete and sign the top half of the document, scan and upload into your quote in the Arizona Procurement Portal. Only an authorized representative of the Offeror shall sign the Offer and Contract Award. All information requested must be submitted.

4.2 PRICING

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

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

4.3 ATTACHMENTS

Download and complete all “Required Forms” and upload into your quote in the Arizona Procurement Portal.

4.4 TERMS AND CONDITIONS

Accept or state objections in the Arizona Procurement Portal under the “Discussion Forum” tab of your quote in the Arizona Procurement Portal. Before stating objections, refer to Uniform Instructions to Offerors, Offer Preparation, Exceptions to Terms and Conditions.

5. 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.

6. SITE VISITATION

If a specific job site 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.

7. ALTERNATE BID

If the bidder submits an alternate bid, each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included.

8. 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

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086 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 may not be visible and may deemed as non-responsive.

9. EVALUATION

In accordance with the Arizona Procurement Code A.R.S. § A.R.S. § 41-2535, “Procurements Not Exceeding a Prescribed Amount; Small Businesses; Simplified Construction Procurement Program,” Paragraph D: awards shall be made to the bidder whose bid is determined to be most advantageous to the State and conforms in all material respects to the requirements and any criteria set forth in the solicitation.

See also Uniform Instructions to Offerors, Evaluation. Negotiations may not be held for this solicitation.

10. CLARIFICATION OF OFFER

10.1. 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.

10.2. The procurement officer may request clarification from offerors at any time after receipt of the 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.

11. 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.

12. 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.

13. 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).

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

14. 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.

15. 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.

16. 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 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.

17. 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.

18. 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.

19. 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 solicitation, the Offeror shall provide a list of all subcontractors as an attachment to your offer (quote) in Arizona Procurement Portal. All information requested on the “Subcontractors” page of the “Required Forms” attachment shall be provided. Construction services also require the Contractor’s License Number.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

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

20. 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. All information requested on the “References” page of the “Required Forms” attachment shall be provided.

21. PRICING

The total purchase price shall include product, freight, tax and other fees associated with the purchase.

Pricing is all-inclusive including price for product, delivery and taxes. Pricing is to be submitted as requested in the Arizona Procurement Portal. If 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. Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer Preparation, Identification of Taxes in Offer.

22. TAXES

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.

23. 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.

24. 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.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

The Contractor shall be fully responsible for the transport of the equipment to and from AZGFD, for installation and for the correction of items of workmanship not in compliance with the Specifications/Scope of Work.

The Contractor shall be responsible for any loss of, or damage to AZGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

25. DELIVERY

Delivery is desired as soon as possible, but no later than 30 (thirty) days after receipt of order unless otherwise indicated in the Scope of Work/Specifications. Specify the lead time for each item on the “items” tab of APP.

The Contractor shall be responsible for delivery of all equipment in a complete and ready-for-use condition with all components functioning, cleaned, tested, lubricated and serviced. Equipment shall be delivered to the AZGFD free of decals or emblems identifying or advertising the Contractor. The standard identification of a manufacturer is acceptable. The Contractor shall be responsible for ensuring the delivery performance of subcontractors.

Delivery shall be accomplished during normal working hours, Monday thru Friday from 8 a.m. until 5 p.m. AZGFD will not accept deliveries on State holidays unless prior arrangements have been made and agreed to by both parties.

26. ACCEPTANCE

Each delivered item shall be subject to a complete inspection by AZGFD prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Thirty calendar days shall be allowed for this process. If delivered equipment is returned to the Contractor prior to acceptance for any reason, additional periods of thirty calendar days shall be allowed for inspection when subsequent deliveries occur.

27. INDEMNIFICATION AND INSURANCE

Indemnification and Insurance requirements will be required as per the Scope of Work/Specifications “Indemnification and Insurance” paragraphs and the Uniform Terms and Conditions, Risk and Liability included herein.

28. POST AWARD CONFERENCE

After award of this solicitation, the Contractor(s) may be required to participate in a post award conference.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

29. CONTRACT TERM

The term of any resultant contract shall commence on the date of award and shall continue for one year unless canceled, terminated or extended as otherwise provided herein.

30. CONTRACT EXTENSION

The AZGFD reserves the right to unilaterally extend the period of any resultant contract for thirty-one

(31) days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in 12-month increments.

31. PRICE ADJUSTMENT

31.1. Original Price: The original price shall remain the same for the contract term. AZGFD may review a fully documented request for a price increase only on the anniversary or renewal date of the contract, after the contract has been in effect for one year. Increases requested shall 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/service contractually covered.

31.2. The request shall be submitted from 90 to 120 days prior to the anniversary or renewal date of the contract and shall be a factor in the extension review process.

31.3. Failure to submit the request within the stated timeframe and/or failure to supply adequate information with the request may result in the AZGFD not considering the request.

31.4. AZGFD, at its sole option, shall determine whether the requested price adjustment or an alternative option is in the best interest of the State. Approval shall be in the form of a contract amendment, and shall become effective on the date specified in the amendment. Upon approval by AZGFD, the Contractor shall make available all electronic and hard copy catalog/price list updates at no additional cost.

31.5. The price adjustment, if approved, will become effective upon the effective date of the contract amendment.

32. PRICE REDUCTION

32.1. Price reductions may be submitted to AZGFD for consideration at any time during the contract period. The Contractor shall offer the AZGFD a price reduction on the contract product(s) concurrent with a published price reduction made to other customers. The Contractor shall make a written request for a price reduction which the AZGFD may accept, at its sole option. The price reduction request shall include the following:

32.1.1. A formal announcement from the manufacturer that the cost of the contract product has been reduced.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

32.1.2. Documentation (i.e. published cost lists) from the manufacturer showing, to the satisfaction of AZGFD, the actual cost reduction.

32.1.3. Documentation showing that the published cost reductions have been offered to other distributors.

33. CONTRACT INQUIRY

Following award, the Contractor(s) shall contact the AZGFD Purchasing Office assigned buyer for guidance or direction in contract interpretation or questions regarding the terms, conditions or scope of the contract. Questions regarding this scope of contract may be directed to the contract administrator.

34. CONTRACT AMENDMENTS

The AZGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AZGFD. The Contractor (s) will be notified prior to any changes in the contract.

This Contract is issued under the authority of the Procurement Officer who signed this Contract. Changes will be completed in accordance to the Uniform Terms and Conditions, Contract Changes.

35. DISPUTES:

The AZGFD and the Contractor shall discuss and attempt to resolve any disputes. Resolution will be pursued per the Uniform Terms and Conditions, Arbitration.

36. LICENSES

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. The Contractor shall be responsible for ensuring the current license and permit status of subcontractors, if any. Failure of the Contractor to obtain or maintain approved federal, state and local licenses and permits required for the operation of the business and performance of this IFB may be considered a failure to perform to expectations.

37. COMPLIANCE WITH FEDERAL LAWS

If the Specifications/Scope of Work indicate this procurement is using Federal funding the following clause is applicable:

The offeror is in compliance with all federal laws, regulations, permits and licenses and shall maintain in current status all federal licenses and permits required for the operation of the business conducted by the Contractor. The Contractor shall be responsible for ensuring compliance with federal laws, regulations, current license and permit status of subcontractors, if any.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

38. BABA CLAUSE

Buy America Provision: Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for Infrastructure.

As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program. None of the funds provided under this award may be used for a project for infrastructure unless:

38.1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States,

38.2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

38.3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

The requirements of this section may not apply if a general applicability waiver is in effect. The Subrecipient may not request any other waiver specific to this project without the express written authorization from the Department. The Department may within its sole discretion withhold authorization.

39. CIVIL RIGHTS ASSURANCE STATEMENT

The Contractor and Subcontractors are subject to Title VI of the Civil Rights Act of 1964, Section 504 of Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendment of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086 disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of the recipient on the basis of race, color, national origin, age, sex (in educational activities) or disability.

NOTE: An Assurance Statement shall be required to be signed by an individual, private organization, or institution receiving U.S. Fish and Wildlife Service assistance under the following circumstances:

A. If the premises are at any time opened to the public.

B. If Hunter or Aquatic Resource Education, or any other information/education program sponsored by AZGFD, is held on private property.

40. CIVIL RIGHTS NOTIFICATION

The Arizona Game and Fish Department receives Federal assistance from the U.S. Fish and Wildlife Service, and thus prohibits discrimination on the basis of race, color, religion, national origin, disability, age and sex pursuant to Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. To request an accommodation or informational material in an alternative format or to file a discrimination complaint please contact the Deputy Director’s Office at

(623) 236-7276 or by mail at 5000 West Carefree Highway, Phoenix, AZ 85086. Discrimination complaints can also be filed with the U.S. Fish and Wildlife Service, Office of Diversity and Inclusive Workforce Management, Public Civil Rights Accessibility and Disability Coordinator, 5275 Leesburg Pike, Falls Church, VA 22041. Phone: (703) 358-1724.

41. INCLUSIVE OFFERORS

Offeror(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. Offerors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing details concerning your organization's utilization of small, women-owned and/or minority business enterprises.

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

42. FEDERAL WHISTLEBLOWER CLAUSE

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

42.1. This Contract Award Recipient and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L.112~239).

42.2. The Contract Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712.

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

42.3. The Contract Award Recipient shall insert the substance of this clause, including this paragraph (c), in all sub-awards or subcontracts over the simplified acquisition threshold [$150,000], 42 CFR § 52.203-17 (as referenced in 42 CFR § 3.908-9).

43. DAVIS BACON FEDERAL REQUIREMENTS

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

Projects associated with the contracts resulting in this solicitation may be funded in part or in whole with Federal funds entrusted to the AZGFD. All contractors and sub-contractors must pay workers the prevailing wages and fringe benefits as determined by the federal government. This provision must be included in all construction contracts and sub-contracts. Projects including Federal funds are subject to all appropriate Federal requirements under Federal laws such as but not limited to the following: the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5) which requires fair wages to be paid to construction workers on any project that is funded in whole or in part with federal dollars; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by the Department of Labor regulations (29CFR, Part 5) which requires affirmative nondiscrimination against workers and applicants for work on construction projects funded in whole or in part with federal monies; Title VI of the Civil Rights Act of 1964 (PL88-352) and regulations issued pursuant thereto (24 CFR Part 1) on nondiscrimination in Federally assisted programs, the Copeland “Anti-Kick Back” Act (18 U.S.C. 874) which protects workers’ wages on projects funded in whole or in part by federal funds as well as the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603, 100 Stat. 3359 requirements. For more information visit the following link: http://www.wdol.gov/dba.aspx .

44. PANDEMIC CONTRACTUAL PERFORMANCE

44.1. 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 at any time prior or post award of a contract. At a minimum, the pandemic performance plan shall include:

a) Key succession and performance planning if there is a sudden significant decrease in contractor's workforce.

b) Alternative methods to ensure there are products in the supply chain.

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

44.2. In the event of a pandemic, as declared by 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:

a) After the official declaration of a pandemic, the State may temporarily void the contract(s) in whole or specific sections if the contractor cannot perform to the standards agreed upon in the initial terms.

b) The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the director as per § 41-2537 of the Arizona Procurement Code.

http://www.wdol.gov/dba.aspx

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

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

44.3. 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 72 hours of the request.

UNIFORM TERMS AND CONDITIONS

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

UNIFORM TERMS AND CONDITIONS

Uniform Terms and Conditions Version 10

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 which 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. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

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

1.7. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.8. “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.

1.9. “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.

1.10. “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.

BPM006138 Uniform Terms and Conditions | Revision No. 10.1 | Revised 1-23 |

Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

1.11. “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.

1.12. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

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

1.14. “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 Materials or any Services required for the performance of the Contract.

1.15. “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the State.

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.

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.…