CTR076428_Contract_Documents_Star_Milling.pdf

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

Invitation for Bid

INVITATION FOR BID

SOLICITATION NO: BPM006792

BID DUE DATE: March 4, 2025 by 3:00 P.M. MST (Phoenix)

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

In accordance with A.R.S. § 41-2533, competitive sealed bids 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: https://app.az.gov .

Bids received in Arizona Procurement Portal 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 Arizona Procurement Portal 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

SOLICITATION.

Branch: WILDLIFE AQUATICS

Material and / or Service: FISH FEED

Contract Type: FIXED PRICE

Contract Term: ONE YEAR EXTENDABLE

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

Procurement contact:

Donna Bailloux Phone: (480) 617-5182 Fax: 623-236-7327 Email: dbailloux@azgfd.gov February 12, 2025 https://app.az.gov/ mailto:dbailloux@azgfd.gov

TABLE OF CONTENTS Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

SOLICITATION NO. BPM006792

Table of Contents

Contents

INVITATION FOR BID

TABLE OF CONTENTS

1. PURPOSE

2. DELIVERY LOCATIONS

3. SPECIFICATIONS

4. INDEMNIFICATION AND INSURANCE

SPECIAL TERMS AND CONDITIONS

UNIFORM TERMS AND CONDITIONS

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

SPECIFICATIONS Arizona Game and Fish Department

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is to obtain Fish Feed for the Arizona Game and Fish Department (AZGFD) in accordance with the Solicitation.

2. DELIVERY LOCATIONS

HATCHERIES Sterling

Springs Hatchery

Bubbling Ponds Hatchery

Page Springs Hatchery

Silver Creek Hatchery

Canyon Creek Hatchery

Tonto Creek Hatchery

PHONE

NUMBER

928-282-

928-634-

928-634-4805

928-537-

928-535-

928-478-

ADDRESS 13271 N. SR

89A

1970 N Page Springs Rd

1600 North Page Springs Road

Hatchery Way

5301 E. FR-

3898 N.

Tonto Creek

RD BLDG 1

COUNTY Coconino Yavapai Yavapai Navajo Gila Gila

CITY Sedona, AZ 86336

Cornville, AZ 86325

Cornville, AZ 86325

Show Low, AZ 85901

Forest Lakes, AZ 85931

Payson, AZ 85541

3. SPECIFICATIONS

3.1. DELIVERY REQUIREMENTS:

3.1.1. Delivery is desired as soon as possible, but no later than thirty (30) days after receipt of order. Contractor must notify the shipping location a minimum of 72 hours before delivery is made. When an order is placed, the Contractor will notify the ordering hatchery or hatcheries, within 48 hours (2 working days) of receiving the order when the feed order will be delivered.

3.1.2. Contractor shall provide a delivery receipt listing the company, date, and delivered weight for each delivery. A copy of the invoice shall accompany delivery. As soon as practicable, Contractor shall email the invoice to accountspayable@azgfd.gov or mail invoice to AZGFD, Accounts Payable, 5000 W Carefree Hwy., Phoenix, AZ 85086.

3.1.3. All invoices must separate the cost of product and the cost of delivery.

3.1.4. Minimum Delivery: Any delivery to one destination for single or combined items, shall not be less than twenty thousand (20,000) pounds. Orders equal or greater than twenty thousand (20,000) pounds may include up to three hatchery drops.

3.1.5. Deliveries should be scheduled to arrive no later than 3:00 p.m., Monday through Friday.

3.1.6. Shipments will not be accepted on any day after 3:00 p.m., or on Saturdays or Sundays, or State holidays without prior approval from the hatchery manager or his/her designee.

3.1.7. The total quantity of food requested is an estimate for the information of the prospective bidders and is as realistic as possible. It is impossible to determine in advance the exact quantities of each size of food that will be ordered for each hatchery.

3.1.8. The price per pound of each diet shall be FOB point of destination in Arizona.

3.1.9. All specialty food, Largemouth Bass Diet, Razorback Sucker Dry Diet, and Medicated Diet, due to the lower projected need by AZGFD, will not have a minimum order amount. The shipping costs of all specialty food orders will be paid by AZGFD.

3.1.10. Drivers will be asked to help unload.

3.1.11. Contractor shall ensure that all deliveries of fish feed are made only by authorized carriers holding permits or certificates from appropriate regulatory bodies. Bagged feed shall be delivered in enclosed trucks.

3.1.12. Palletized loads may be requested and must be shrink-wrapped.

3.1.13. Pallets must be of quality that the Contractor would be willing to buy back all of them, if asked to do so.

3.1.14. If damaged feed bags are discovered, AZGFD will shoot photos of them on the delivery truck or immediately after unloading and Contractor will be responsible for the replacement and shipping charges of damaged goods.

3.1.15. Feed must be freshly manufactured. AZGFD will not accept finished feed that Contractor has stored longer than thirty (30) days. AZGFD will inspect each pallet for date of manufacture before unloading and if feed is greater than 30 days old, AZGFD has the right to refuse the shipment.

3.1.16. Contractor will be responsible for all shipping charges for the replacement of feed to and from the hatchery and will provide replacement within 10 days.

3.2. MEDICATED AND OTHER SPECIALTY FEED

3.2.1. Medicated feeds shall be shipped in forty (40) or fifty (50) pound increments to destinations described in the Specifications, Delivery Locations, as prescribed by a Veterinary Feed Directive (VFD) as needed outside of the standard delivery. Also, Arizona Game and Fish Department maintains a feed distribution point (Statewide Hatchery Program Manager, 5000 W Carefree Hwy Phoenix, AZ 85086) in agreement with the feed manufacturer under United States Food and Drug Administration authorization. The feed distribution point at Phoenix shall receive Aquaflor® without a VFD for future distribution to:

3.2.1.1. Another authorized distribution point

3.2.1.2. An AZGFD production facility upon receiving a VFD for a designated fish lot

3.2.2. Medicated feed, Florfenicol will be made upon request. The price quoted for Florfenicol feed will not be part of the base dry diet bid.

3.2.3. Medicated feed, Terramycin and Romet will be made available ‐ either granules or pellets at either 2 grams, 4 grams, or 10 grams per pound. The price quoted for Terramycin and Romet feed will not be part of the base dry diet bid. Authorization will be provided by AZGFD.

3.2.4. Red feed or feed with Astaxanthin concentration of 80ppm (2.0 lbs./ton).

3.2.5. Some hatcheries may require an increase in the standard vitamin content of the manufacturer’s food as a result of the difference between the manufacturer’s recommended feeding rates and actual AZGFD feeding rates or cold-water temperatures at some facilities. Should it become necessary to increase the vitamin content of the food, the vendor will make modifications as required.

3.3. M ANUFACTURING PLANT AND METHODS

3.3.1. Manufacturing practices: The Contractor’s mill and pelleting equipment must be clean and comply with standards of good manufacturing practices.

3.3.2. Vitamin Premix Equipment: Premix equipment should include adequate scales to weigh micro‐ ingredients in gram amounts. The mixer should be the batch type with complete clean‐out features.

3.3.3. Grinding: Ingredients shall be carefully and thoroughly mixed and pulverized; the fry food mixture to pass 90% through a U.S. 30 mesh screen and 100% through a U.S. 20 mesh screen. The 1/8‐inch and larger fish food pellet mixture shall pass 90% through a U.S. 20 mesh and 100% through a U.S. 16 mesh screen. Fines and/or dust shall not exceed 2% at the specified delivery point.

3.3.4. Mixing and Weighing Equipment: The food mixer may be continuous or batch system with proper calibration features including check scales, inspection facilities, sampling device while mixing, and provided with production records as follows:

3.3.4.1. Diet formulation or identifying code for the food

3.3.4.2. Identification and weight of each ingredient used in each mix

3.3.4.3. The total expected weight of each mix

3.3.4.4. The date of mixing

3.3.5. Pelleting:

3.3.5.1. Sinking Pellets: Modern industry standard for fish food production where the food mixture is compressed into pellets, using live, dry steam to make a pellet of the right texture that will be hard enough to hold together in packaging, transporting, and storing, and soft enough for the fish to take and retain and yet hold its form without quickly dissolving when placed in water.

3.3.5.2. Sinking Steam Pellets: Steam pellets are preferable at AZGFD facilities with high water flow and that would require a faster sinking pellet.

3.3.5.3. Floating Pellets: Modern industry standard for fish food production where an extrusion method is used to incorporate buoyancy and stability in water.

3.3.5.4. Crumbles: Crumbles may be manufactured by agglomeration of the basic dry meal mixture using a liquid and then drying and sieving to the desired particle size, or by crushing 2.4mm or 3.2mm pellets and screening to the appropriate size. The crumble shall be sized to contain no more than 15% oversize and/or undersize granules as per the following size specifications:

Crumble Size

U.S. Sieve Opening

Screen-Size Number

No. 0 Starter

To pass thru 600 microns To pass over 425 microns

No. 1 Crumble

To pass thru 850 microns To pass over 600 microns

No. 2 Crumble

To pass thru 1.18 mm To pass over 850 microns

No. 3 Crumble

To pass thru 2.00 mm To pass over 1.18 mm

No. 4 Crumble

To pass thru 3.35 mm To pass over 2.00 mm

Bags of feed shall NOT contain more than 2% dust content (dust defined as particles passing through a 425 micron screen).

3.3.6. Bagging, Labeling and Loading

3.3.6.1. All of the fish food will be shipped in 40‐pound or 50‐pound capacity bags paper or plastic bags. Feed shall be protected from exposure to weather environment (rain, snow, etc.). Bagged feed shall be delivered in enclosed trucks.

3.3.6.2. The pellets and crumbles are not to be bagged until cooled to 10 degrees above ambient temperature and dried to a moisture content of 10.5% or less.

3.3.6.3. The pellets and crumbles shall be sacked in new 40‐pound or 50‐ pound capacity bags, multi‐walled if paper.

3.3.6.4. Granules receiving an oil dressing will be placed in special polyethylene or glass lined paper bags to prevent leakage of oil.

3.3.6.5. After filling, the bags shall be sewn shut. The net weight of pellets in each sack shall be 40 pounds or 50‐pounds.

3.3.6.6. Each sack shall be labeled with the pellet or granule size and date processed. Date and size on label must be legible.

3.3.6.7. If the manufacturer uses colored labels to differentiate between feed sizes, as opposed to using one color for all sizes, only one label color shall be used per feed size in each shipment. The same feed size (for example 1/8"pellets) is not to be labeled with different colored labels (for example tan and green).

3.4. FISH FOOD-DRY DIET

AZGFD fish food type and size based upon formulation of the food:

Feed Type Size D1 Sinking Starter Nos. 0, 1, and 2 D2 Sinking Crumbles Nos. 3 and 4

D3 Floating Extruded 1.6mm, 2.4mm, 3.2mm, 4.0mm, 4.8mm and 6.4mm

D4 Floating Extruded Low Phosphorus 4.0mm and 4.8mm D5 Sinking Extruded 2.4mm, 3.2mm and 4.0mm D6 Sinking Steamed 2.4mm, 3.2mm and 4.0mm D7 Bozeman Razorback Sucker Dry Diet Starter Nos. 0, 1, and 2

Sinking Extruded 1.0mm, 2.0mm, 2.4mm, 3.0mm, 3.2mm, 4.0mm, 5.0, 6.5mm

D8 Largemouth Bass Dry Diet Floating Extruded

1.5mm, 2.0mm, 2.5mm, 3.0mm, 5.0mm and 6.5mm

3.4.1. DRY DIET FORMULATIONS FOR THE ABOVE REFERENCED FISH

FOOD TYPES AND SIZES:

3.4.1.1. D1 (Sinking starter) DIET FORMULATION: No. 0 Starter, No. 1 Crumble, and No. 2 Crumble. The final product must carry the following guaranteed analysis:

DESCRIPTION PERCENT

Crude Protein 52% or greater

Crude Fat 16% or greater

Crude Fiber 3%

Ash not more than 12%

Double vitamin pack as described in vitamin section

The fish meal used in this diet shall be composed of Canadian or Alaskan Herring Meal or Anchovy meal, or Menhaden fish meal from the immediate past fishing season. The fish meal must have a minimum protein content of 65%, maximum fat of 12%, maximum salt (NaCl) 5%, maximum moisture 10% and pepsin digestibility not less than 92.5%. The fish meal must be factory stabilized with an antioxidant such as ethoxyquin. Fish meal must provide a minimum of 30% crude protein per hundred pounds of finished product.

3.4.1.2. D2, D3: D2 (Sinking Crumbles) and D3 (Floating Extruded) DIET FORMULATIONS: Sinking No. 3 Crumble and No. 4 Crumble. In addition, Floating Extruded pellets: 1.6mm, 2.4mm, 3.2mm, 4.0mm, 4.8mm and 6.4mm. The final product must carry the following guaranteed analysis:

DESCRIPTION PERCENT

Crude Protein 44% or greater

Crude Fat 15%

Crude Fiber Not more than 3%

Ash Not more than 12% fish meal must have a minimum protein content of 65%, maximum fat of 12%, maximum salt (NaCl) 5%, maximum moisture 10% and pepsin digestibility not less than 92.5%. The fish meal must be factory stabilized with an antioxidant such as ethoxyquin.

Fish meal must provide a minimum of 23.5% crude protein per hundred pounds of finished product (470 protein units per ton of food).

3.4.1.3. D4 (Floating Extruded Low Phosphorus) DIET FORMULATION: 1.6mm, 2.4mm, 3.2mm, 4.0mm and 4.8mm pellets. The final product must carry the following guaranteed analysis:

DESCRIPTION PERCENT

Crude Protein 44% or greater

Crude Fat 15%

Crude Fiber Not more than 3%

Dietary phosphorus Less than 1% fish meal must have a minimum protein content of 65%, maximum fat of 12%, maximum salt (NaCl) 5%, maximum moisture 10% and pepsin digestibility not less than 92.5%. The fish meal must be factory stabilized with an antioxidant such as ethoxyquin.

Fish meal must provide a minimum of 23.5% crude protein per hundred pounds of finished product (400 protein units per ton of food).

3.4.1.4. D5 (Sinking Extruded Pellets) DIET FORMULATION: 2.4mm, 3.2mm, 4.0mm. The final product must carry the following guaranteed analysis:

DESCRIPTION PERCENT

Crude Protein 44% or greater

Crude Fat 15%

3.4.1.5. D6 (Sinking Steamed Pellets) DIET FORMULATION: 2.4mm, 3.2mm and

4.0 pellets. The final product must carry the following guaranteed analysis:

Crude Protein 44% or greater

Crude Fat 15%

Crude Fiber Not more than 3%

Ash Not more than 12%

The fish meal used in this diet shall be composed of Canadian or Alaskan Herring Meal or Anchovy meal, or Menhaden fish meal from the immediate past fishing season. The fish meal must have a minimum protein content of 65%, maximum fat of 18%, maximum salt (NaCl) 5%, maximum moisture 18% and pepsin digestibility not less than 92.5%. The fish meal must be factory stabilized with an antioxidant such as ethoxyquin.

Fish meal must provide a minimum of 23.5% crude protein per hundred pounds of finished product.

3.4.1.6. D7 (Bozeman Razorback Sucker Diet) Diet Formulation: 0 Starter, No. 1 Crumble, and No. 2, 1.0mm, 2.0mm, 2.4mm, 3.0mm, 3.2mm, 4.0mm, 5.0mm, 6.5mm.

Bozeman Razorback Sucker Ingredient index % of diet dry % as-fed

Fish meal - Peruvian Anchovy 42.91 42.83 Wheat flour 22.13 23.36 Menhaden fish oil 9.71 8.92 Corn gluten meal 9.23 9.31 Squid meal 5.00 5.16 Shrimp meal dried 3.00 3.06 Lecithin 3.00 2.75 Monocalcium Phosphate 2.77 2.54 Vitamin premix ARS 702 1.00 0.92 Choline Cl 50% 1.00 0.92 Stay-C 35 0.15 0.14

TM ARS 640 0.10 0.09

Sum with oil: 100.00 100.00

3.4.1.7. D8 Largemouth Bass Floating Extruded) DIET FORMULATION: 1.5mm,

2.0 mm, 2.5 mm, 3.0mm, 5.0mm, and 6.5mm pellets. The final product must carry the following guaranteed analysis:

Crude Protein 40% or greater

Crude Fat Not less than 12%

Ash Not more than 10%

The ingredients and finished feeds shall be wholesome, clean materials free from noxious chemicals and foreign materials.

3.4.2. VITAMINS

3.4.2.1. Standard Vitamin Pack - All Dry Diet and Soft Moist Diet, with the exception of the formulation for No. 0 Starter, No. 1 Crumble, and No. 2 Crumble diets contain standard vitamin content, identified as the Standard Vitamin Pack.

Standard Vitamin Pack – FORMULATION: ALL FEED SIZES FORTIFIED WITH EXTRA

VITAMINS

8 pounds Premix No. 30 per ton

3.5 pounds 50% Choline Chloride per ton

Stabilized Vitamin C – 150 mg/KG of feed

3.4.2.2. Double Vitamin Pack – The AZGFD Vitamin Pack. The cost of this Double Vitamin Pack will be specified by vendors in their bid proposals for all the Diets. Vendors must propose a cost based on a ton of food. AZGFD cannot identify the quantity needed during the term of this bid and this cost will only be applicable to those food orders where a Double Vitamin Pack was requested.

Double Vitamin Pack:

FORMULATION: ALL FEED SIZES FORTIFIED WITH EXTRA VITAMINS

16 pounds Premix No. 30 per ton 7 pounds 50% Choline Chloride per ton Stabilized Vitamin C – 300 mg/KG of feed

3.4.2.3. The vitamin content for the Vitamin Premix No. 30 is listed below:

SPECIFICATIONS FOR VITAMIN PREMIX NO. 30:

Vitamin Guaranteed potency per kilogram

D calcium pantothenate

Pyrodoxine (pyridoxine HCL)

Riboflavin

Niacin amide

Folic acid

Thiamine (thiamine mononitrate)

Biotin

Vitamin B12

Menadione sodium bisulfite complex

Vitamin E (d or d1 alpha‐tocopherol acetate)

Vitamin D3, stabilized

Vitamin A (vitamin A palmitate or acetate), stabilized

26.5 g

7.7 g

13.2 g

55.1 g

2.2 g

8.8 g

88.2 mg

5.5 mg

2.76 g

88,200 i.u.

110,252 i.u.

1,653,750 USP

1) Choline chloride, ascorbic acid, and the vitamin premix No.30 are to be stored separately and never mixed one with another before being added to the feed mixture.

2) The certified vitamin premix is to be supplied by a recognized manufacturer and must show the date of preparation. The vitamin premix to be used is not to be held in storage longer than 4 months after date of preparation.

3) The vitamin premix is to be made with a wheat or soybean by‐product base. Rice hulls or oat feed are not acceptable.

4. INDEMNIFICATION AND INSURANCE

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 subcontractor 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

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

• General Aggregate $2,000,000

• 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. 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 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.

4.3.3. 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. 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 Cancelation

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 emailed to:

procurement@azgfd.gov or mailed to Arizona Game and Fish Dept., Attn: Procurement, 5000 W Carefree Hwy., Phoenix, AZ 85086.

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 mailto:procurement@azgfd.gov warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

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.

SPECIAL TERMS AND CONDITIONS

BPM006792

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

Highway

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

Enter $1.00 in APP’s “unit price” field. Provide pricing in the Excel Pricing Spreadsheet attached in APP and upload into your bid in APP. Pricing is also included in the Required Forms. Pricing can be provided on either form. However, your pricing must be uploaded in your bid in APP. Otherwise, pricing cannot be evaluated.

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

Arizona Game and Fish Department

Purchasing Office 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.

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.

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

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 AZGFD.

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

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree 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

Pricing is to be submitted as requested in the Arizona Procurement Portal. Pricing can be provided on the Pricing Excel Spreadsheet or written in on pages 10-12 of the Required Forms. Pricing must be uploaded to your bid in APP.

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

21. TAXES

The AZGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified if 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. 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 correction of items of workmanship not in compliance with the specifications.

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.

24. 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.

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.

25. 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, Arizona Game and Fish Department

Purchasing Office 5000 West Carefree 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.

26. 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.

27. POST AWARD CONFERENCE

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

28. 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.

29. 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.

30. PRICE ADJUSTMENT

30.1. 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.

30.2. 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.

30.3. 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.

30.4. 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.

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

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

31. PRICE REDUCTION

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

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

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

32. 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.

33. CONTRACT ADMENDMENTS

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.

34. 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.

35. 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.

36. COMPLIANCE WITH FEDERAL LAWS

If the Specifications 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

37. 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 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.

38. 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.

39. 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.

40. FEDERAL WHISTLEBLOWER CLAUSE

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

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

40.1. 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).

40.2. 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.

40.3. 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).

41. 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…