CTR077330__STAMBACK.pdf

Office of the State Forester

Arizona Department of Forestry and Fire Management

Katie Hobbs Governor

Thomas A. Torres State Forester

Duty ⬧ Respect ⬧ Integrity

1110 West Washington Street, Suite 500 ⬧ Phoenix, Arizona 85007 ⬧ Main: (602) 771-1400 ⬧ Fax: (602) 771-1421

6/9/2025 sent via email: js.stambackseptic@gmail.com

Joe Schmuker, Manager Fusionsite Arizona LLC 1610 54th Ave N Suite 111 Nashville, Tennessee 37209

Re: CTR073163, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Contract Number Change

Dear Joe Schmuker:

Attached for your records is a copy of CTR077330 to formalize the new contract number for your contract for Portable Toilets, Hand Wash Stations, and Services for Rural Areas with the Department of Forestry and Fire Management. A new contract number was made necessary due to Stamback’s acquisition by Fusionsite Arizona LLC. All previous terms and conditions of the fully executed Offer and Acceptance apply to this contract.

Summary of Change:

• From:

o Business Name: WAC LLC DBA STAMBACK SEPTIC o Supplier ID: IV0000008082 o Contract Number: CTR073163

• To:

o Business Name: Fusionsite Arizona LLC DBA Stamback Services o Supplier ID: IV0000092856 o Contract Number: CTR077330

Please be advised CTR077330 replaces CTR073163 and all future documents including quotes and invoices must reflect the new Contract number.

If you have any questions, please do not hesitate to contact Suri Wall, Senior Procurement Specialist via email at swall@dffm.az.gov or by phone at (623) 309-6720 or myself at tcooper@dffm.az.gov or by phone at (602) 448-3243.

Sincerely, Ted Cooper

Chief Procurement Officer Department of Forestry and Fire Management Procurement Services

TC/sw mailto:swall@dffm.az.gov

Office of the State Forester Arizona Department of Forestry and Fire Management Katie Hobbs

Governor Thomas A. Torres

State Forester

Duty ⬧ Respect ⬧ Integrity

1110 West Washington Street, Suite 500 ⬧ Phoenix, Arizona 85007 ⬧ Main: (602) 771-1400 ⬧ Fax: (602) 771-1421

8/8/2024

Joe Schmuker, Manager WAC LLC dba Stamback Services PO Box 1144 Willcox, AZ 85644 sent via email: js.stambackseptic@gmail.com

Re: BPM006176, Portable Toilets, Hand Wash Stations, and Services for Rural Areas CTR073163, Notice of Award

Dear Mr. Schmuker, Congratulations! Award is being made to your company for the above referenced Solicitation for Portable Toilets, Hand Wash Stations, and Services for Rural Areas. Attached is a fully executed copy of the Offer and Acceptance document. All terms and conditions of the fully executed Offer and Acceptance apply to this award.

The Department has completed the evaluation of all proposals received by evaluating all offers in accordance with the evaluation criteria outlined in the solicitation. As a result of the evaluation, award has been made to your company for the items outlined below.

Summary of Award:

WAC LLC dba Stamback Services

District Name Portable Toilets, Hand Wash Stations, and Services

Trailers

(A1S) Northern District N/A N/A

(A2S) Northeast District N/A N/A

(A3S) Southeast District Awarded Awarded

(A4S) Central District N/A N/A

(A5S) Northwest District N/A N/A

Mileage Rate $2.00 /mile over 36 miles

Prior to providing any items or services under this Contract, WAC LLC dba Stamback Services is required to submit a Certificate of Insurance (COI) in accordance with Special Terms and Conditions of the Contract. Please submit your COI within five (5) days from the date of this letter.

Please be advised, no Purchase Orders (PO) shall be issued until an approved COI is on file.

mailto:js.stambackseptic@gmail.com

BPM006176, Portable Toilets, Hand Wash Stations, and Services for Rural Areas CTR073163, Notice of Award August 8, 2024

Duty ⬧ Respect ⬧ Integrity

1110 West Washington Street, Suite 500 ⬧ Phoenix, Arizona 85007 ⬧ Main: (602) 771-1400 ⬧ Fax: (602) 771-1421

In accordance with AAC § 2-7-B314, the Procurement File will be available in the Arizona Procurement Portal (APP) within three days of award. If you have any questions, please do not hesitate to contact Suri Wall, Senior Procurement Specialist via email at swall@dffm.az.gov or by phone at (623) 309-6720 or myself at tcooper@dffm.az.gov or by phone at (602) 448-3243.

Sincerely, Chief Procurement Officer Department of Forestry and Fire Management Procurement Services TC/sw mailto:swall@dffm.az.gov

CTR077330, Amendment 1, Update:

Fusionsite Arizona LLC 1610 54th Ave N Suite 111 Nashville, Tennessee 37209

CTR073163

8th August 24

CTR077330 replaces CTR073163.

A new contract number was made necessary due to Stamback’s acquisition by Fusionsite Arizona LLC.

CTR077330 replaces CTR073163

Request for Proposal under A.R.S. § 41-2534

Notice Page Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Solicitation No. BPM006176 Request for Proposal (RFP), Notice Page Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 1 of 53 Click here to return to the Table of Contents

Solicitation Number: BPM006176

Description: Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Due Date and Time: May 31, 2024

Pre-Offer Conference: Pre-Offer Conference will not be conducted

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov.

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.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Table of Contents Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Solicitation No. BPM006176 Request for Proposal (RFP), Table of Contents Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 2 of 53 Click here to return to the Table of Contents

SOLICITATION

o Notice Page 1 o Table of Contents 2 o Solicitation Summary 3 o Scope of Work 5 o Special Terms and Conditions 9 o Addendum A to the Special Terms and Conditions 31 o Uniform Terms and Conditions 35 o Exhibit A 53

SOLICITATION INSTRUCTIONS

o Special Instructions to Offerors 2 o Standard Instructions to Offerors (RFP) 4

ATTACHMENTS

o Attachment 1: Offer and Acceptance Form 1 o Attachment 2: Boycott of Israel Disclosure 3 o Attachment 3: Forced Labor of Ethnic Uyghurs Ban 4 o Attachment 4: Confidential Information Designation 5 o Attachment 4:– Confidential Information Designation (for reference only) o Attachment 5: Conformance Statements 7 o Attachment 6: Key Personnel 9 o Attachment 7: Letter of Insurability 11 o Attachment 8: Organization Profile 12 o Attachment 9: Proposed Subcontractors 13 o Attachment 10: Experience and Capacity Response 14 o Attachment 11: References 15 o Attachment 12: Method of Approach 16 o Attachment 13: Price List 17 o Attachment 14: Inventory Sheet 23

Solicitation Summary

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and Fire Management Procurement Services

1110 West Washington, Request for Proposal (RFP), Solicitation Summary Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 3 of 53

1. What is Arizona Department of Forestry and Fire Management (DFFM) Soliciting?

The Arizona Department of Forestry and Fire Management (DFFM), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more single-agency Contracts for their sole use, to provide portable toilets, restroom trailers, and wash basins with supporting services to rural areas throughout Arizona.

DFFM anticipates awarding contract(s) with the intent to secure service coverage in remote areas statewide. Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at DFFM’s discretion. Furthermore, DFFM will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

DFFM reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, DFFM will evaluate if an award on such a basis will result in the best value and is in the best interest for DFFM. DFFM may otherwise determine, at its sole discretion that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM006176 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.1.9. Exhibits A: DFFM Districts

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and Fire Management Procurement Services

1110 West Washington, Request for Proposal (RFP), Solicitation Summary Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 4 of 53

2.1.2. Attachment: BPM006176 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance

2.1.3.2. Boycott of Israel Disclosure

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.5. Conformance Statements and Exceptions Requests

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.1.3.13. Price List

2.1.3.14. Inventory List

2.2. DFFM may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents

Scope of Work

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Request for Proposal (RFP), Scope of Work Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 5 of 53 Click here to return to the Table of Contents

Scope of Work

1. Purpose and Background

1.1. The Arizona Department of Forestry and Fire Management, Procurement Services, is soliciting for portable toilets, restroom trailers, and wash basins with applicable supporting services to remote areas throughout Arizona.

2. Scope of Work

2.1. Technical Requirements:

2.1.1. Units shall be tested and confirmed to be crack resistant, including in extreme heat temperatures upwards of 120 degrees.

2.1.2. Units shall be impact resistant to minimize damage through handling or vandalism.

2.1.3. Units shall be modular to aid in minimizing downtime during on-site maintenance and repairs.

2.1.3.1. Interior space shall comfortably fit a variety of users; including, limited mobility users and parents with children.

2.1.3.2. Preference may be given to units equipped with both urinals and toilet seats.

2.1.4. Receptacle tanks shall be tested and confirmed to control leaks and spills.

2.1.5. Units shall be properly vented to reduce odor(s).

2.2. Portable Toilets:

2.2.1. Portable toilets shall be standard and fully stocked with applicable supplies, including;

toilet paper, paper towels, and antibacterial hand sanitizer.

2.2.1.1. Units shall have interior locking latch.

2.2.1.2. Unit walls and doors shall be thick enough to be firm, and distortion-proof.

2.3. ADA approved Portable Toilets:

2.3.1. Units shall be ADA-compliant.

2.3.2. Units shall be equipped with applicable ADA features such as handrails, ramps, and additional space to ensure wheelchair maneuvering clearance.

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 6 of 53

2.4. Portable Sink/Wash Stations:

2.4.1. Portable Wash Stations shall have running water, soap dispenser(s), and paper towels.

2.5. Restroom Trailers:

2.5.1. At a minimum, restroom trailers shall be equipped with the following features and items:

2.5.1.1. Private stalls

2.5.1.2. Sinks with hot and cold running water

2.5.1.3. Vanities with mirrors

2.5.1.4. Lighting

2.5.1.5. Heating and air conditioning

2.5.1.6. Soap and paper towel dispensers

2.5.1.7. Hitch, wheels, and tires in acceptable working condition

2.5.1.8. Spare tire with each trailer unit

2.5.1.9. Safety chains, in accordance with federal, state, and local laws.

2.5.2. ADA Wheel Chair Compliant Restroom Trailer:

2.5.2.1. ADA compliant trailer shall contain at least one (1) ADA compliant stall.

2.5.2.2. ADA stall(s) shall comply with requirements outlined under Scope of Work, Section 2. 3, ADA approved Portable Toilets.

2.6. Multiday Events:

2.6.1. For events lasting more than one day, Contractor shall clean, deodorize, and restock supplies, including any applicable chemicals.

2.6.1.1. Supplies include toilet paper, paper towels and antibacterial hand sanitizer.

2.7. Inventory:

2.7.1. Provide an inventory sheet itemizing the equipment Contractor will be able to provide for the Scope of Work.

2.7.1.1. Inventory sheet shall include the following information per unit:

2.7.1.1.1. Size(s)

2.7.1.1.2. Applicable configuration (i.e., five stalls, four urinals, three sinks, etc.)

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 7 of 53

2.7.1.1.3. Maximum occupancy

2.7.1.1.4. Power requirements

2.7.1.1.5. Water requirements

2.8. Requirements:

2.8.1. Contractor shall immediately replace any units determined by DFFM to be unsafe or in unsatisfactory condition.

2.8.2. For events lasting more than one day, the Contractor shall develop a service plan as determined by the estimated usages and have it approved by DFFM before offering a quote to DFFM.

2.8.3. Contractor shall provide the services listed in the Scope of Work to any job site(s) within the DFFM District(s) as outlined in Exhibit A: DFFM Districts.

2.8.3.1. Offeror may bid on all or selected Districts. DFFM expects to award multiple

Contracts through this Solicitation.

2.8.3.2. Offeror shall identify the district(s) included in their Offer by providing pricing for all or selected Districts in Attachment 14: Price List.

2.8.3.3. DFFM Districts are outlined in Exhibit A: DFFM Districts, and below:

2.8.3.3.1. Northern District (A1S)

2.8.3.3.2. Northeast District (A2S)

2.8.3.3.3. Southeast District (A3S)

2.8.3.3.4. Central District (A4S)

2.8.3.3.5. Northwest District (A5S)

2.8.4. Contractor shall be able to provide deliveries outside of normal business hours, such as early morning or evening, as needed.

2.8.4.1. Contractor shall provide a contact and phone number for after-hours requests.

2.8.5. Unit pricing shall be all-inclusive to include applicable supplies and pick-up and drop-off to any job site(s) within 75 miles of Contractor’s main office.

2.8.5.1. Sales tax shall not be included in unit pricing.

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 8 of 53 Click here to return to the Table of Contents

2.8.6. Mileage Rate over 75 Miles: Offerors shall be permitted to provide a mileage rate for supplying services to job site(s) within Contractor’s selected district(s), outside of their 75 mile radius.

2.8.6.1. Mileage rate shall only be applicable to miles 76 and above.

2.8.7. DFFM reserves the right to seek quotes from Out of District suppliers based on need.

Special Terms and Conditions

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Request for Proposal (RFP), Special Terms and Conditions Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 9 of 53

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If DFFM did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If DFFM requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If DFFM requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.5. Attachment. Any item that:

1.5.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.5.2. Was attached to an Offer when submitted; and

1.5.3. Was included in the Accepted Offer.

1.6. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.7. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with

DFFM.

https://azdor.gov/transaction-privilege-tax-tpt

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 10 of 53 Click here to return to the Table of Contents

1.8. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.9. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized access that materially compromises the security or confidentiality of unencrypted and unredacted computerized personal information maintained as part of a database of personal information regarding multiple individuals.

1.10. Eligible Agency:

1.10.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.10.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.10.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.11. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.12. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.13. NIST: NIST is the National Institute of Standards and Technology. For more information, see https://www.nist.gov/.

1.13.1. NIST Low Impact: If a Contractor may process, transmit, or store Public State Data (per State Data Classification Policy P8110), metadata, and/or Data that may be released to the public that requires no additional levels of protection during its work under the Contract, or as directed by the State Chief Privacy Officer (Arizona Department of Homeland Security Governance, Risk, and Compliance team), then the Contractor shall comply with NIST Low Impact security controls.

1.14. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders https://www.nist.gov/

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 11 of 53 Click here to return to the Table of Contents depends on the scope of the Contract and how the State will use it. The Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.15. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.16. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract. With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.17. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.18. StateRAMP: A non-profit organization that provides a uniform approach to verifying that the cybersecurity of Cloud service providers (CSPs) meets the standards and regulations needed to do business with state and local governments.

1.19. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 12 of 53 Click here to return to the Table of Contents relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency.

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 13 of 53 Click here to return to the Table of Contents

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the

Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror Data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve (12) months unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. DFFM shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for “General Mailing Address” in Contractor’s corresponding State’s eProcurement System Vendor Profile;

and address any required notices to Contractor to the “Contact Name and Title” at

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 14 of 53 Click here to return to the Table of Contents the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To DFFM. Contractor shall address all Contract correspondence other than formal notices to the email address indicated in “Contact Instructions” in the State’s eProcurement System Summary for DFFM; and address any required notices to DFFM via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System and via mail to the following mailing address:

State of Arizona Department of Forestry and Fire Management Procurement Services 1110 West Washington

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures (or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract.

Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 15 of 53 Click here to return to the Table of Contents terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing Data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section 3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency or Co-Op Buyer purchasing. Upon request by the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State’s demand, the choice of which being at State’s discretion. For the purpose of this paragraph, “reasonable times” are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities.

3.7. Subcontract

3.7.1. Initial list. At the time of Contract execution, Contractor’s candidate Subcontractors were identified in Attachment Proposed Subcontractors to the Accepted Offer

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 16 of 53 Click here to return to the Table of Contents

[Proposed Subcontractors]. Agreeing to them being included in the Accepted Offer signified Procurement Officer’s advance consent for Contractor to enter into a Subcontract with each candidate, which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner.

3.7.2. Additional names. Contractor shall not enter into a Subcontract to perform Work under the Contract, without first obtaining Procurement Officer’s written consent with any prospective Subcontractor that (a) was not listed on the Attachment Proposed Subcontractors at time of Contract execution or (b) is for any Materials or Services categories other than the ones for which they were previously consented.

For either case (a) or (b), Contractor shall submit a written request sufficiently in advance of the need date for those materials or services so that performance under the Contract is not impaired. Procurement Officer may request any additional information he or she determines is necessary to assess the submittal, and may withhold consent pending it. Approval of additional subcontractors shall be added to the Contract by a bilateral Contract Amendment.

3.7.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the Contract into every Subcontract by inclusion or by reference, as appropriate. When making any post-execution consent requests, Contractor shall include its warrant that it will do the same for the pending Subcontracts covered by the request. Entering into Subcontracts will not relieve Contractor of any of its obligations or duties under the Contract, including, among other things, the duty to supervise and coordinate the work of Subcontractors. Nothing contained in any Subcontract will create or is to be construed as creating any contractual relationship between State and the Subcontractor.

3.8. Orders

3.8.1. Order Sufficiency. The Contract was awarded in accordance with the Arizona Procurement Code; the transactions and procedures required by the Arizona Procurement Code for competitive source selection have been met. An Order issued that cites the correct State contract number will suffice to authorize the Contractor to provide the Materials and perform the Services covered by that Order.

3.8.2. Order Terms. All Orders are subject to the Contract Terms and Conditions; an Order cannot modify the Contract Terms and Conditions. Any Contractor terms added to quotes or otherwise unilaterally added to Eligible Agency or Co-Op Buyer Orders are null and void.

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 17 of 53 Click here to return to the Table of Contents

3.8.3. Orders are Obligatory. Until the expiration or earlier termination of the Contract, State may issue and Contractor shall accept Orders that make proper reference to the Contract and are permissible hereunder, provided that, Contractor is not obliged to accept any Order that is not consistent with the then-current pricing, lead times, specifications, or payment provisions of the Contract. Contractor shall fulfill and complete any Orders that are begun but not yet completed as of expiration or earlier termination of the Contract unless State instructs otherwise at the time.

3.8.4. No Minimums or Commitments. (a) Contractor shall not impose any minimum dollar amount, item count, services volume, or services duration on Orders; (b) State makes no commitment of any kind concerning the quantity or monetary value of activity actually initiated or completed during the term of the Contract; (c) Contractor shall only deliver or perform as authorized by Orders; and (d) State is not limited as to the number of Orders it may issue for the Contract. For clarity of intent, the foregoing applies equally whether an Eligible Agency issues the Order or, if applicable, a Co-Op Buyer issues it.

3.8.5. Non-contracted Materials or Services. Any attempt to knowingly represent for sales, marketing, or related purposes that Materials or Services not specifically awarded are under a State contract is a violation of the Contract and law.

3.9. Order Cancellations. State may cancel Orders within a reasonable period after issuance and at its discretion. The same method used for ordering will be used for cancellation.

3.9.1. If State cancels an Order, then State shall:

3.9.1.1. pay Contractor for any portion of the Materials and Services from that Order that have been properly delivered or performed as of the cancellation effective date; and

3.9.1.2. reimburse Contractor for actual, documented costs incurred in fulfilling the Order up to the cancellation effective date and the cost of any obligations incurred in fulfilling the Order up to the cancellation effective date that demonstrably cannot be canceled or that have pre-established cancellation penalties specified in the relevant Subcontracts, to the extent the penalties are reasonable and customary for the work in question.

3.9.2. Contractor shall not charge or be entitled to charge State for any new costs it incurs after receiving the cancellation notice; State is not liable for any Materials that were

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 18 of 53 Click here to return to the Table of Contents produced, shipped, or delivered, or Services that were performed before Contractor had acknowledged the corresponding Order.

3.9.3. State shall also be able to cancel Orders freely and without any further obligation at any time prior to Contractor’s formal acknowledgement of the Order.

3.10. This contract is a single-agency contract for the sole use of DFFM.

3.10.1. Contractor shall acknowledge each Order from Eligible Agencies within one (1) business day after receipt by either: (a) “approving” the Order electronically in the State’s eProcurement System, which will indicate Contractor’s unqualified acceptance of the Order as‑issued; or (b) “rejecting” the Order electronically in the State’s eProcurement System, with a concurrent explanation by email to relevant originator as to the reason for rejecting it. By way of reminder, the only grounds on which the Contractor may reject or refuse an Order are those set out in subparagraph

3.8.3 [Orders are Obligatory]. Unless and until Contractor has approved the Order in the State’s eProcurement System, it will have no effect under the Contract and will not oblige either State or Contractor. If the relevant Eligible Agency explicitly instructs at the time that a verbal acceptance is sufficient because of urgency or other unusual circumstances and Contractor duly gives its verbal acceptance, then Contractor will be deemed to have accepted the Order immediately upon commencing performance, provided that, Contractor must follow-up its verbal acceptance by accepting the Purchase Order electronically in the State’s eProcurement System within three (3) business days. Contractor shall thereafter be barred from subsequently rejecting the Order in the State’s eProcurement System and if it does so the rejection will be void.

3.10.2. DFFM may issue Orders which become final and effective by a Purchase Order in the State’s eProcurement System. Orders must cite the State contract number. State may, at its discretion in each instance, issue an Order in any of the following ways:

3.10.2.1. By choosing some or all of the Materials or Services items covered by the Contract for which a price is established in the Contract, then preparing an Order using those prices (e.g. filling out an order form), and sending it to the Contractor;

3.10.2.2. By instructing Contractor to provide a comprehensive proposal of item quantities, combinations, etc., or services hours, personnel, etc., for a defined scope using those established prices as a basis, then validating and negotiating the proposal with Contractor and issuing an Order if and when reaching agreement;

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 19 of 53 Click here to return to the Table of Contents

3.10.3. As described in 3.11.2 above but requesting the proposal from both Contractor and other vendors who are contracted within the applicable scope categories and locations, either sequentially or concurrently, then selecting the proposal or proposals combination that is most advantageous to State; or

3.10.4. As described in 3.11.3 above but introducing ad-hoc commercial competition by making the selection and ordering conditional on obtaining more favorable prices than the contractually-established ones.

3.11. Work on State Premises

3.11.1. Compliance With Rules. Contractor is responsible for ensuring that its personnel comply with State’s rules, regulations, policies, documented practices, and documented operating procedures while delivering or installing Materials or performing Services on State’s grounds or in its facilities. For clarity of intent, the foregoing means that if Contractor is required to comply with certain security requirements in order to deliver, install, or perform at that particular location, then it shall do so nonetheless and without entitlement to any additional compensation or additional time for performance if those particular requirements are not expressly stated in the Contract. Contractor is reminded that violation of the prohibition under A.R.S. § 13-1502 against possession of weapons on State’s property by anyone for whom Contractor is responsible is a material breach of contract and grounds for termination for default.

3.11.2. Protection Of Grounds And Facilities. Contractor shall deliver or install the Materials and perform the Services without damaging any State grounds or facilities. Contractor shall repair or replace any damage it does cause promptly and at its own expense, subject to whatever instructions and restrictions State needs to make to prevent inconvenience or disruption of operations. If Contractor fails to make the necessary repairs or replacements in a timely manner, State will be entitled to exercise its remedies under paragraph 8.5 of the Uniform Terms and Conditions [Right of Offset].

4. Costs and Payments

4.1. Type of Pricing. Offeror shall include only firm, fixed pricing in the Offer.

4.1.1. Offeror may bid on all or selected Districts by identifying the district(s) included in their Offer and providing pricing for each applicable District using Attachment 14:

Price List.

4.1.2. Unit pricing shall be all-inclusive to include applicable supplies and pick-up and drop-off to any job site(s) within the DFFM Districts as outlined in Exhibit A: DFFM Districts.

Solicitation No. BPM006176 Portable Toilets, Hand Wash Stations, and Services for Rural Areas

State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Portable Toilets, Hand Wash Stations, and Services for Rural Areas

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 20 of 53 Click here to return to the Table of Contents

4.1.2.1. Sales tax shall not be included in unit pricing.

4.1.3. Offerors shall be permitted to provide a mileage rate for supplying services outside of their selected District(s), as needed.

4.1.3.1. Mileage rate shall not apply to areas within Contractor’s selected District(s).

4.2. Contractor’s Best Pricing. Contractor warrants that, for the term of the Contract, the prices and discounts set out in the APP Items (F) tab OR Attachments titled Pricing, including any subsequent agreed amendment to it (the “Contract Pricing”), shall be equal to or better than the lowest prices and largest discounts, both separately and in combination, at which Contractor sells equivalent services, items of equipment, and materials.

4.2.1. That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to be irrespective of whether or not those other sales have special purchase terms, conditions, rebates, or allowances.

4.2.2. If Contractor’s Best Pricing for…