CTR079338-_contract_documents_11-04-25.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

SOLICITATION NO: BPM007206

BID DUE DATE: 10/29/2025 by 3:00 P.M. Arizona Time

LOCATION:

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix AZ 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: Game and Fish Department

Material and / or Service: Salt (Block and Granular)

Contract Type: Fixed Price

Contract Term: One Year Extendable up to five (5) years

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

Zac Thayer

Procurement Specialist zthayer@azgfd.gov

TABLE OF CONTENTS

Arizona Game and Fish

Department

Purchasing Office

Phoenix, Arizona 85086

1. INTRODUCTION 3

2. PURPOSE 3

3. DELIVERY 3

4. SPECIFICATIONS 3

5. INDEMNIFICATION AND INSURANCE 9

6. FORMAL SOLICITATION SPECIAL TERMS AND CONDITIONS 14

7. UNIFORM TERMS AND CONDITIONS 25

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

SPECIFICATIONS Arizona Game and Fish

Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO.

BPM007206

1. INTRODUCTION:

The Arizona Game and Fish Department (AZGFD) Mission Statement is:

To conserve Arizona’s diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations.

2. PURPOSE:

The purpose of this Request For Proposal (RFP) is to obtain block and granular salt for the Arizona

Game and Fish Department (AZGFD) in accordance with the Solicitation.

AZGFD expects this solicitation may be awarded to multiple suppliers.

3. DELIVERY:

Delivery may be, but not limited, to AZGFD headquarters, field offices, hatcheries, wildlife areas, or other workspaces as designated by AZGFD.

4. BACKGROUND:

Salt is a crucial tool used in aquaculture to relieve fish stress and remove excess mucus before therapeutant treatments. Salt can also be used as a first line defense in treating bacterial outbreaks, controlling parasitic outbreaks, and for the treatment of fish which may have contracted some types of aquaculture related disease.

5. GENERAL REQUIREMENTS:

AZGFD is requesting proposals for white block and feed mixing fine granular salt in accordance with the Request for Proposal.

6. SPECIFICATIONS:

The Proposal submitted shall:

6.1. Upload and submit a product description and price list which includes pricing for all available:

block sizes;

bag sizes;

pallets (block and granular (if applicable); and, Any other available product types.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

6.2. Any applicable discounts or graduated pricing should be included as a part of the pricing included in the offer;

6.3. Complete and submit the “Required Forms” document located in the RFx Exhibits tab in APP as a part of their offer;

6.4. Submit any additional information the supplier elects to include as a part of their offer in the “RFx

Exhibits” tab in APP.

6.5. General Materials Provisions:

AZGFD shall approve ALL materials and processes before a PO is issued:

Off-Contract Materials: The contractor shall ensure that the design and/or procedures for the

Materials ordering method prevents orders for items not included in the scope of the Contract.

Notwithstanding that the State of Arizona or AZGFD might have its own internal administrative rules regarding off-contract or excluded item ordering, and endeavors to prevent such orders from occurring, the contractor shall be responsible for not accepting any such orders. The State of

Arizona or AZGFD may, at its discretion, return any such items without obligation and at

Contractor’s expense;

Additional Products: The State of Arizona or AZGFD, at its discretion, may modify the scope of the Contract by Contract Amendment to include additional products or product categories so long as they are within the general scope of the ones originally covered by the Contract. Once the

Contract Amendment has been fully executed, Contractor shall then update all applicable pricing and make the pricing available to all affected entities at no additional cost. Either party may make the request to add products to the Contract; regardless of who makes the request, the parties shall negotiate in good faith a fair price for any additional products, but the State of Arizona or AZGFD may elect not to add some or all of the products in question if no agreement is reached on pricing in a timely manner. The contractor’s request or proposal in response to State’s request shall include:

6.5.1. Documentation demonstrating that the additional products meet or exceed the specifications for the original products while remaining in the same product groups as the original ones; and,

6.5.2. Documentation demonstrating that the proposed price for the additional products is both fair and reasonable and at the same level of discount relative to market price as were the original ones. Demonstration of (b) typically requires showing how prices offered to a significant number of buyers compare to the prices or discounts proposed for the additional products.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

6.6. Discontinued Products: If a product or groups of products covered by the Contract are discontinued by the manufacturer, the contractor shall notify AZGFD within five (5) business days after receiving the manufacturer’s notification. AZGFD, at its discretion, may allow the contractor to provide substitutes for the discontinued products or delete the products from the scope of the

Contract. The resulting change to the Contract will be formalized by Contract Amendment. The contractor shall then update all applicable pricing and make the pricing available to all affected entities at no additional cost. The parties shall negotiate in good faith a fair price for any substitute product, but AZGFD may elect to delete the products from the scope of the Contract if no agreement is reached on substitute pricing in a timely manner. When notifying AZGFD of any discontinuance, the contractor shall provide:

6.6.1. Manufacturer’s announcement or documentation stating that the products have been discontinued, with identification by model/part number;

6.6.2. Documentation demonstrating that the substitute products meet or exceed the specifications for the discontinued products while remaining in the same product groups as were the discontinued ones; and,

6.6.3. Documentation demonstrating that the proposed price for the substitute products is both fair and reasonable and at the same level of discount relative to market price as were the discontinued ones.

6.7. Forced Substitutes: The contractor shall not provide forced substitutions under the Contract; The contractor shall obtain AZGFD’s prior written consent before making any discretionary substitution for any product covered by the Contract;

6.8. Recalls: In the event of a recall notice, technical service bulletin, or other important notification affecting a product offered under the Contract (collectively, “recalls” hereinafter), Contractor shall send timely notice to State for each applicable Order referencing the affected Order and product.

Notwithstanding whatever protection the contractor might have under A.R.S. § 12-684, with respect to a manufacturer, the contractor shall handle recalls entirely and without obligation on

State’s part, other than to permit removal of installed products, retrieve stored products, and take any other reasonably necessary actions, to implement the recall.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

6.9. Materials Acceptance: State has the right to accept materials subject to a complete inspection on delivery and installation, if installation is Contractor’s responsibility. State may require acceptance criteria, including, but not limited to, conformity to the Contract, workmanship, and quality under the Contract or for a specific Order. The contractor shall remove any rejected materials from the delivery location, or from any area to which it might have been reasonably necessary to move it, and subsequently deliver an equal quantity of conforming items within a timeframe set by AZGFD.

AZGFD shall not owe the contractor any payment for rejected materials, and AZGFD may, at its discretion, withhold or make partial payment for any rejected materials that have been returned to the contractor in those instances where AZGFD has agreed to permit repair instead of demanding replacement.

6.10. Returns: If AZGFD returns delivered materials because they are defective or non-conforming or for any other reason having to do with a contractor fault or error, then AZGFD will not be responsible for any costs associated with returning the materials and may, at its discretion, either have those billed directly to the contractor, offset them under paragraph 8.5 [Right of Offset] of the Uniform Terms and Conditions, or take any other appropriate actions under the Contract.

6.11. Product Safety: Materials as-shipped must comply with applicable safety regulations and standards. Unless expressly stated otherwise in the Specifications, AZGFD is not responsible for making any materials safe or compliant following acceptance. The contractor shall only deliver

Materials that are already safe and compliant with the warranties in the Contract Terms and

Conditions.

6.12. Orders: AZGFD will issue orders which become final and effective by a Purchase Order in the

State’s eProcurement System. All orders must cite the State contract number.

6.13. Order Cancellations: AZGFD may cancel orders within a reasonable period after issuance and at its discretion. The same method used for ordering will be used for cancellation.

If AZGFD cancels an order, then AZGFD shall:

6.13.1. Pay the 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,

6.13.2. Reimburse the 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;

6.13.3. The 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 produced, shipped, or delivered, or Services that were performed before Contractor had acknowledged the corresponding Order;

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

6.13.4. AZGFD shall also be able to cancel orders freely and without any further obligation at any time prior to the contractor’s formal acknowledgement of the order.

6.14. Product Ordering:

6.14.1. A PO is AZGFD’s ONLY authorization to the supplier that parts and supplies may be purchased and services may be started;

6.14.2. The supplier MUST provide a written quote prior to a PO being issued;

6.14.3. The quote will include a detailed, line item list of all products and all applicable ancillary charges such as (but not limited to) shipping and taxes;

6.14.4. Quotes which are not line item specific will be rejected.

6.14.5. Once the quote has been approved a PO will be issued by the AZGFD procurement office;

6.14.6. An automated email with a pdf copy of the PO attached will be generated by the APP system and emailed to the supplier at the email address the supplier has entered into their APP supplier profile.

6.14.7. In the event that the supplier email address changes or needs updating it is the supplier’s responsibility to update that email address within their APP supplier profile;

6.14.8. AZGFD reserves the right to refuse payment for any products invoiced without a PO being in place prior to the start of work;

6.14.9. Invoices should be sent via email to the AZGFD accounts payable office at:

accountspayable@azgfd.gov .

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

6.15. Arizona Procurement Portal (APP) Solicitation Response:

Failure to complete the steps below may result in a rejection of the supplier response.

As a part of any solicitation response, Offerors shall:

Enter a $1.00 in the APP “Pricing” screen “Unit Price” field;

Upload a product price list for all types and varieties of products that they offer;

The price list shall include:

6.15.1. Product descriptions;

6.15.2. Price per unit; and,

6.15.3. Percentage off list price (0-100%) for any applicable products;

6.15.4. All discounts and/or graduated pricing.

6.15.5. Shipping charges (based upon quantity, size, and/or weight)

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7. INDEMNIFICATION AND INSURANCE:

Commodity Purchase Contracts https://staterisk.az.gov/insurance/insurance-modules section 23 pg. 116

7.1. 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.

7.2. Insurance Requirements:

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7.3. Minimum Scope and Limits of Insurance:

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

Commercial General Liability (CGL) – Occurrence Form:

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

• General Aggregate $2,000,000

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

• Personal and Advertising Injury $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

The policy shall be endorsed, as required by this written agreement, to include the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

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

Business Automobile Liability:

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

7.3.1.1. Combined Single Limit (CSL) $1,000,000

Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

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

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

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

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.

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).

7.4. Additional Insurance Requirements:

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

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).

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

7.5. Notice of Cancellation:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be emailed to Procurement Specialist Zac Thayer at zthayer@azgfd.gov.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7.6. Acceptability of Insurers:

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified

Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

7.7. 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.

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.

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.

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.

7.8. 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.

7.9. Approval and Modifications:

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7.10. 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.

FORMAL SOLICITATION

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish Department

Purchasing Office

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 the “Unit Price” field in the “Items” tab of your bid in APP by selecting the “Items” tab on the left side-panel in your bid in APP. Actual unit of measure and unit pricing is requested in the “BPM006193- Item Pricing” spreadsheet attachment which should be completed and returned as a part of your offer. Failure to do this may result in non-award of your offer.

mailto:app@azdoa.gov

Arizona Game and Fish Department

Purchasing Office

4. PRE-BID CONFERENCE:

If Pre-Bid Conference is being held, the time and place will be indicated in the solicitation’s ‘Pre-Bid

Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal

(https://app.az.gov). Attendance requirements will also be indicated in this field. See Uniform

Instructions to Offerors, Pre-Offer Conference.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AZGFD Deputy Director, 5000 West

Carefree Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

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.

Arizona Game and Fish Department

Purchasing Office

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.

9 CLARIFICATION OF OFFER:

9.1. The purpose for clarifications is to provide for a greater mutual understanding of the solicitation response. Clarifications are not negotiable and material changes to the solicitation response shall not be made by clarification.

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

10. NON-EXCLUSIVE CONTRACT:

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

11. ESTIMATED QUANTITIES:

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

12. NOT A GUARANTEE OF WORK:

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

13. ADDITIONAL LOCATIONS:

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

Arizona Game and Fish Department

Purchasing Office

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 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.

Arizona Game and Fish Department

Purchasing Office

19. REFERENCES:

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

20. PRICING:

If the solicitation requests pricing, the total purchase price shall include product, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal.

If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested. Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer

Preparation, Identification of Taxes in Offer.

21. TAXES:

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

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

Terms and Conditions, Costs and Payments, Payments.

22. INVOICING:

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

Arizona Game and Fish Department

Purchasing Office

23. TRANSPORT AND SHIPPING TERMS:

Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries. ADDITIONAL FREIGHT

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

The Contractor shall be fully responsible for the transport of the equipment to and from AZGFD, for installation and for the 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 5p.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, 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.

Arizona Game and Fish Department

Purchasing Office

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.

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.

Arizona Game and Fish Department

Purchasing Office

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 AMENDMENTS:

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

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

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 RFP 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.

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.

Arizona Game and Fish Department

Purchasing Office

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:

37.1. If the premises are at any time opened to the public;

37.2. 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:

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.

Arizona Game and Fish Department

Purchasing Office

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 part with federal dollars; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by the Department of Labor regulations

(29CFR, Part 5) which requires affirmative nondiscrimination against workers and applicants for work on construction projects funded in whole or in part with federal monies; Title VI of the Civil Rights Act of 1964 (PL88-352) and regulations issued pursuant thereto (24 CFR Part 1) on nondiscrimination in

Federally assisted programs, the Copeland “Anti-Kick Back” Act (18 U.S.C. 874) which protects workers’ wages on projects funded in whole or in part by federal funds as well as the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603, 100 Stat. 3359 requirements. For more information visit the following link: http://www.wdol.gov/dba.aspx .

42. PANDEMIC CONTRACTUAL PERFORMANCE:

42.1. The State shall require a written plan that illustrates how the contractor shall perform up to contractual standards in the event of a pandemic. The state may require a copy of the plan at any time prior or post award of a contract. At a minimum, the pandemic performance plan shall include:

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

42.1.2. Alternative methods to ensure there are products in the supply chain;

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

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

Arizona Game and Fish Department

Purchasing Office

42.2. In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or the

World Health Organization, which makes performance of any term under this contract impossible or impracticable, the State shall have the following rights:

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

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

Procurement Code;

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

42.4. The State, at any time, may request to see a copy of the written plan from the contractor. The contactor shall produce the written plan within 72 hours of the request.

UNIFORM TERMS AND CONDITIONS

Department

Purchasing Office

Uniform Terms and Conditions

Version 10.5

1. Definition of Terms: As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes…