CTR073968.M24-0028_Award_Documents_Lightning_Protection_System_OOD.pdf

Katie Hobbs Maj Gen Kerry L Muehlenbeck Governor The Adjutant General

September 24, 2024

Classic Lightning Protection, Inc.

6637 South 42nd Street Phoenix, Arizona 85042 Attn: Jeremy Poff Email: jpoff@classiclightningprotection.com

Re: NOTICE OF INTENT TO AWARD: Lightning Protection System OOD

BPM006457/M24-0028

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

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

1. Certificate(s) of Insurance.

2. Workers Compensation Documentation.

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

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

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

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

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

Sincerely, Lisa Ledbetter Sr. Procurement Specialist

Cc: Electronic File

ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

5636 East McDowell Road, Bldg, M5800

Phoenix, Arizona 85008-3495

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

DEMA Procurement Office, Bldg M5800 5636 East McDowell Road

Maj Gen Kerry L Muehlenbeck The Adjutant General

INVITATION FOR BID: BPM006457/M24-0028

Lightning Protection System OOD

OFFER /AND ACCEPTANCE

(Required - Submit with Bid)

Arizona Department of Emergency and Military Affairs

OFFER

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

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

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

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive

Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

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

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

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

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

The effective date of the Contract is ____________________________________________________.

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

State of Arizona Awarded this day of

Chief Procurement Officer

Designation of Confidential, Trade Secret & Proprietary Information

6637 S 42nd St

Phoenix Arizona 85042

JPoff@classiclightningprotection.com

President

Jeremy Poff

928-474-1727

N/A

JP

CTR073968 / M24-0028

October 3, 2024

2nd October 24

Lisa Ledbetter for Kyle Matthew CPO

DEMA Procurement Office, Bldg M5800

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

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

All offerors must select one of the following:

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

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

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

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

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

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C.

R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

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

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

City State Zip Title

JP

6637 S 42nd St

President

Jeremy Poff

Phoenix Arizona 85042

DEMA Procurement Office, Bldg M5800

Offerors must provide the following information:

A Corporation existing under the laws of the State of:

A Partnership consisting of:

An Individual trading as:

If your firm is a corporation, completion of the following certification is mandatory. (NOTE: THE

CERTIFICATE MUST BE COMPLETED BY AN OFFICER OF THE CORPORATION AND

WHO DID NOT SIGN THE OFFER PAGE).

I, , certify that I am the of the Corporation named as Offeror herein; that who signed this

Proposal on behalf of the Corporation, was then the of said Corporation;

that said Proposal was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE OFFICER

(Signature)

CORPORATE OFFICER

(Print)

Arizona

N/A

Classic Lightning Protection, Inc. for Lightning Protection or Specialty Wiring

Jeremy Poff President

Jeremy Poff

President

Jeremy Poff

DEMA Procurement Office, Bldg M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

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

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

As defined by A.R.S. §35-393.01:

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

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

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

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

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

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

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

(b) that are held in an index fund.

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

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

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

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

DEMA Procurement Office, Bldg M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

All offerors must select one of the following:

My company does not participate in, and agrees not to participate in during the term of the contract a boycott of

Israel in accordance with A.R.S. §35-393.01. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01. :

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

Company Name Signature of Person Authorized to Sign

City State Zip Title

JP

Classic Lightning Protection, Inc.

6637 S 42nd St Jeremy Poff

PresidentPhoenix Arizona President

DEMA Procurement Office, Bldg M5800

Annual Forced Labor of Ethnic Uyghurs Ban Certification for

Off-Contract Purchases

State of Arizona State Procurement

Office

Pursuant to A.R.S. § 35-394, written certification is required to show that the entity (hereinafter called the “Contractor”) entering into a contract with a public entity does not use the forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

The purpose of this certification is to cover instances in which state agencies have multiple off-contract purchases from the same supplier over the course of a single fiscal year. Instead of asking suppliers to sign a certification each time there is an off-contract purchase, this form may be signed once, but cover the whole fiscal year. To comply with this law, a copy of the current year’s certification must be included with the documentation for each off-contract purchase with the Purchase Order Terms and Conditions. To remain compliant with the law, this form must be completed by the supplier prior to each fiscal year.

Please note that if any of the following apply to the Contractor, then the Contractor shall select the “Exempt Contractor” option below:

● Contractor is a sole proprietorship;

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

● Contractor is a non-profit organization.

Under A.R.S. § 35-394, all state Contractors must select one of the following:

☐ The Contractor does not use, and agrees not to use during the current fiscal year or term of the contract (whichever is longer), any of the following:

● Forced labor of ethnic Uyghurs in the People’s Republic of China;

● Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

● Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

☐ The Contractor does participate in the use of forced labor of ethnic Uyghurs in the People’s Republic of China as described in A.R.S. § 35-394.

☐ Exempt Contractor: Select all statements that apply to the Contractor:

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Certification is valid through the end of the current fiscal year (June 30) after the date of signature.

Company Name Signature of person authorized to sign

Address Printed name and title

City, State, ZIP Contact email address Contact phone number

Date SPO Form 205A – Annual Forced Labor of Ethnic Uyghurs Ban Certification | Revision No. 2 | Revised 11-22

JP

Jeremy Poff, President

JPoff@classiclightningprotection.com 928-474-1727

9/3/2024

Phoenix, AZ 85042

6637 S 42nd St