CTTR063933_Contract_Documents.pdf

OFFER AND ACCEPTANCE

BPM004848

Arizona Game and Fish Department Purchasing Office

5000 West Carefree Highway Phoenix, Arizona 85086

BPM004848 Required Forms updated 01-14-2020

Offer and Acceptance Form OFFER

TO THE STATE OF ARIZONA:

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

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

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

1. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-��RU�$�5�6�����������WKURXJK������

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

3. The Offeror certifies compliance with A.R.S.§41-�����ZKHQ�RIIHULQJ�HOHFWURQLFV�RU�LQIRUPDWLRQ�WHFKQRORJ\�SURGXFWV��VHUYLFHV�RU maintenance.

4. The Offeror is not debarred from, or otherwise prohibited from participating in any contract awarded by any federal, state or local government.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

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

This Contract shall henceforth be referred to as Contract No. CTR063933.

The effective date of the Contract is January 12,2023.

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

State of Arizona Awarded this day of 20 23

Kristen Micurescu, CPPB, as Branch Chief and not personally

Lohman Helicopter, LLC.

Morgan Lohman f Person Authorized to S

President

208-818-4658

406 Burrell Ave. Hanger N23

Lewiston, Idaho. 83501 morgan@lohmanhelicopter.com

12th January

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

Request for Proposal

REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL NO: BPM004848 BID DUE DATE: September 21, 2022 by3:00 P.M. MST.

In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials and services specified will be received by the Arizona Game and Fish Department (AGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP) at https://app.az.gov .

Proposals received in APP by the due date and time will be opened. The name of each Offeror will be publicly available. Late proposals will not be considered. Proposals submitted outside of the APP system will be rejected.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR

PROPOSAL INCLUDING ALL DOCUMENTS LOCATED IN THE “RFX EXHIBITS” TAB OF

https://app.az.gov AS INCORPORATED HEREIN BY REFERENCE.

Branch: WILDLIFE MANAGEMENT TERRESTRIAL BRANCH Material and/or Service: HELICOPTER WILDLIFE CAPTURE SERVICES Contract Type: FIXED PRICE Contract Term: One year extendable up to a maximum of 5 years

A pre-offer conference will not be held.

Procurement Contact:

Donna Bailloux Phone: 480-617-5182 Fax: 623-236-7327 Email: dbailloux@azgfd.gov September 2, 2022:

https://app.az.gov/ https://app.az.gov/ mailto:dbailloux@azgfd.gov

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM004848

Table of Contents

Contents

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

INTRODUCTION AND BACKGROUND

SCOPE OF WORK

DEFINITIONS

INVOICING / RATES

EVALUATION CRITERIA

INDEMNIFICATION AND INSURANCE

SPECIAL TERMS AND CONDITIONS

UNIFORM TERMS AND CONDITIONS

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

INTRODUCTION AND BACKGROUND

Purchasing Office

Introduction and Background

1. INTRODUCTION

1.1 This document constitutes a Request for Proposal (RFP), via competitive sealed proposals from qualified individuals and organizations to perform the Scope of Work set forth herein.

1.2 For ease of use, this document includes the Introduction and Background and the Scope of Work, including indemnity and insurance requirements, Evaluation Criteria, Special Terms and Conditions, Uniform Terms and Conditions and Exhibits if applicable. Additional documents located in the Solicitation in APP are included by reference.

2. BACKGROUND

2.1 The Arizona Game and Fish Department (AGFD) conducts aerial capture operations to support wildlife management and research goals for a variety of large ungulates and carnivores, including:

• Mule deer (Odocoileus hemionus)

• Coues’ white-tailed deer (Odocoileus virginianus couesi)

• Pronghorn (Antilocapra americana)

• Elk (Cervus canadensis)

• Javelina (Pecari tajacu)

• Desert bighorn sheep (Ovis canadensis nelsoni)

• Rocky Mountain bighorn sheep (Ovis canadensis canadensis)

• Bison (Bison bison)

• Mexican gray wolf (Canis lupus baileyi) – Dart Gun captures only

2.2 Operations can occur throughout the state and occasionally in neighboring states encompassing a variety of habitat types ranging from Sonoran Desert-scrub with tall saguaros to subalpine conifer forests, mountainous terrain, and grasslands.

2.3 Two aerial capture methods are typically employed within Arizona, ungulates are primarily captured by net gun, whereas wolves are primarily darted and sedated. In some circumstance’s ungulates are also captured by darting and sedation when project goals or local conditions render capture by netgun unsafe and/or impractical.

• Net gun captures are conducted using hand-held net guns discharge from a helicopter. Groups of animals are located from the air or ground, and are pursued for a short amount of time to separate the targeted individual from the group and to direct it to a location where netting and handling may be safely accomplished. The

INTRODUCTION AND BACKGROUND

Purchasing Office gun fires a net that entangles and immobilizes the animal, normally only one animal is netted at a time. Following successful netting, one or more personnel exit the helicopter to blindfold, calm, and immobilize the animal with hobbles to facilitate handling and/or transport. Nets may be removed at this point or at a central processing (staging) location if the animal is to be transported from the capture site.

If transport will occur, the animal is secured in a transport bag and flown by helicopter to the staging area, either within the helicopter cabin, or from a sling below the helicopter. The helicopter may land following netting, to allow the egress of personnel and to load the captured sheep.

• Dart gun captures chemically immobilize animals by a variety of different delivery devices. Most commonly employed are pneumatic or gunpowder-powered rifles or pistols, specifically designed to project chemical immobilization darts.

Commonly accepted drugs for chemical immobilization are selected according to the target species and include, but are not limited to:

• Telazol and Xylazine (reversal Tolazoline)

• (BAM) Butorphanol, Azaperone, and Medetomidine (reversal

Atipamezole and Naltrexone)

• Ketamine and Xylazine or Medetomidine (reversal Tolazoline)

• Carfentanil and Xylazine (reversal Naltrexone or Naloxone and

Tolazoline)

• Thiafentanil and Xylazine (reversal Naltrexone and Tolazoline)

Animals which have been chemically immobilized are marked with a “Do Not Consume” ear tag before being released.

2.4 Wildlife capture operations are typically, but not exclusively, conducted to meet one or more of three main objectives:

• Translocation, where individuals are captured from a specific source population and transported to a staging area for processing and transport to a release location.

• Wildlife movement research, where individuals are captured across a defined study area to represent the overall or specific population demographics in the area.

Typically, individuals are processed by the capture crew at the capture location and released from that location.

• Disease sampling, where individuals are captured within defined target areas from either a broad or specific population demographic to retrieve disease samples which may include blood draws, nasal/throat swabs, tissue samples, fecal samples, etc.

Typically, samples are collected by the capture crew at the capture location and animals are subsequently released from that location.

SCOPE OF WORK

Purchasing Office

Scope of Work

1. GENERAL REQUIREMENTS

AGFD is requesting proposals for Helicopter Wildlife Capture Services in accordance with the Solicitation.

DEFINITIONS

2. DEFINITIONS

As used throughout this RFP, the following terms shall have the meaning set forth below:

2.1 ACCIDENTS AND INCIDENTS:

2.1.1 As used throughout this contract, accidents shall mean destruction or substantial damage to the aircraft, service truck, aircraft components and minor, serious, or fatal injury to personnel.

2.1.2 As used throughout this contract, incidents shall mean any air or ground mishap, malfunction, or situation involving aircraft or personnel that results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

2.2 AIRCRAFT MAKE AND MODEL: A specific make and basic model of aircraft, including modification; i.e., a Bell 206 "A" is not the same model as the Bell 206 "B."

2.3 ALTERNATE BASE: A base, other than the permanent base, established to permit operation from immediate vicinity of a project area.

2.4 ATCO: Air Taxi Commercial Operator and holding a Part 135 Certificate issued by the

Federal Aviation Administration.

2.5 AUTHORIZED FLIGHT OR FLYING TIME: The actual time a helicopter is off the ground for the purpose of the task or tasks to which assigned under a trip order when such time is recorded by the pilot and approved by the assigned AGFD observer as having been completed.

2.6 CONTRACTOR: The term Contractor shall mean the person, firm or corporation to whom the award of contract for helicopter services is made.

2.7 FERRY FLIGHT: Movement of helicopter under its own power from point to point without payload.

Usually, but not necessarily, from the Contractor's permanent base to an alternate base. Any time the helicopter is moving between locations and is not specifically "on task."

2.8 FLIGHT RATE: The hourly rate of pay specified in the Schedule of Items for flying a fully operational helicopter.

Purchasing Office

2.9 FULLY OPERATIONAL: Helicopter, pilots, other personnel, repairs, operating supplies, service facilities, and incidentals necessary to the operation of the helicopter both on the ground and in the air.

2.10 PERMANENT BASE: The Contractor's fixed base of operations.

3. SPECIFIC REQUIREMENTS

The Proposal submitted shall fully describe the method by which the offeror proposes to meet or exceed the requirements described in this RFP. This information shall be presented in the “Required Forms” document located in the RFx Exhibits tab in APP. Offerors can provide additional information in the “RFx Exhibits” tab of their offer in APP.

3.1 Contractor Responsibilities:

Contractor shall:

3.1.1 Use a helicopter supported by a crew of at least three people to conduct capture operations.

3.1.2 Designate primary and alternate points of contact for coordination, include:

3.1.2.1 Names

3.1.2.2 Two modes/lines of contact

3.1.2.3 Expected response times

3.1.2.4 Hours and days of availability

3.1.2.5 Lead times for scheduling

3.1.3 Outline seasonal availability for operations within Arizona.

3.1.4 Identify operations hub(s):

3.1.4.1 Estimate ferry times from hub(s) to Flagstaff, Phoenix, Tucson, Kingman, Yuma, and

Pinetop, AZ.

3.1.4.2 Estimate driving miles from hub(s) to Flagstaff, Phoenix, Tucson, Kingman, Yuma, and Pinetop, AZ.

3.1.5 Outline any of the following ancillary charge rates:

3.1.5.1 Mobilization fees

3.1.5.2 Hourly ferry rates (Hobbs)

Purchasing Office

3.1.5.3 Per diem rates

3.1.5.4 Fuel truck mileage rates (recommend that this reflects the federal rate and adjusts as the federal rate changes; if different, describe.)

3.1.6 Outline the following capture charge rates:

3.1.6.1 Hourly capture time rates (Hobbs)

3.1.6.2 Per animal rates, by species (if applicable), with criteria for switching between per animal and hourly rates (if applicable)

3.1.6.3 Sample collection surcharges (if applicable)

3.1.6.4 Animal transport rates (if applicable)

3.1.7 The Contractor shall provide a fuel truck and qualified driver/operator.

3.1.8 The Contractor shall sanitize equipment prior to arriving in Arizona.

3.1.9 Operation dates and daily operational times may be constrained by biological, weather, and/or hunt windows. If the Contractor fails to arrive at the project area in sufficient time to complete the planned operation within the available window the operation may be cancelled.

3.1.10 The Contractor shall have multi-channel radio communication in the 151-152 megahertz range in order to communicate with air traffic, support aircraft, ground personnel, and/or staging area coordinators.

3.1.11 The Contractor shall limit operations to pre-defined target areas, captures outside of target areas without AGFD approval shall not be compensated.

3.1.12 The Contractor shall limit captures to target demographics, capture of animals which do not meet target demographics without AGFD approval shall not be compensated. If demographic of target animal is uncertain, request approval from AGFD personnel before capturing said animal.

3.1.13 The Contractor must carry humane means of euthanasia and be capable of conducting euthanasia during operations in case of serious injury to animals.

3.1.14 The Contractor shall respect property lines and restricted area boundaries in all instances in accordance with AGFD maps, permissions, and AGFD coordinator directions.

3.1.15 The Contractor shall endeavor to capture a single animal per net to minimize mortality risk.

Purchasing Office

3.1.16 Conditions can vary between daily highs approaching 120F in lower elevations during summer months to lows around 0F at higher elevations during winter. As a result, seasonal and daily operational windows may be constrained due to biological concerns for the animals being captured and mechanical operating limits of the aircraft. Daily operational meetings will be held to discuss animal behaviors to chase times to ensure animal wellbeing and aircraft limitation and safety.

3.1.17 The Contractor shall collect relevant data for each capture using data sheets or digital data collection applications (devices provided by AGFD).

3.1.18 The Contractor shall be responsible for arranging overnight accommodations within range of staging areas or camp at staging area.

3.1.19 Contractor may be directed by AGFD to administer a sedative immediately upon capture and under the guidance of the AGFD veterinarian.

3.1.20 Contractor may be directed by AGFD to administer drugs immediately upon capture and under the guidance of the AGFD veterinarian.

3.1.21 At the direction of AGFD, Contractor shall terminate capture operations if mortality rates exceed 10 percent during any capture period.

3.2 Certifications and Operations

3.2.1 Contractors must be currently certificated under Federal Air Regulations (FAR) Part 133

(External Load Operations).

3.2.2 Helicopters shall be operated in accordance with the requirements of the Federal Aviation Regulations (14 CFR 135.1 Subparagraph (b) notwithstanding) and the aviation regulations of States which the helicopter may operate under this contract.

3.3 Helicopter

Helicopter shall be fully operational meeting the requirements of this Schedule and the Specifications attached hereto and fully meeting all applicable FAA regulations. The helicopter and accessories will be in operable airworthy condition. Contractor shall describe each proposed aircraft in the space provided in the questionnaire. Include year, total hours, engine and transmission hours, and rotor hours.

Purchasing Office

3.3.1 Helicopter must be capable to operate in and out of confined areas and for extended periods of flight close to obstacles both in and out of both forward and hovering modes at widely varying altitudes and temperature conditions.

3.3.2 Helicopter standard equipment, including but not limited to:

3.3.2.1 One flight meter, such as Hobbs or equal, recording in hours and tenths and activated by a main rotor collective system.

3.3.2.2 An approved fire extinguisher with current inspection.

3.3.2.3 Radio equipment that will communicate with AGFD vehicles and offices. AGFD uses VHF/FM radios; multi-channel radio communication in the 151-152 megahertz range.

3.3.2.4 GPS that is either coupled to an H.S.I. or PFD that has an internal “moving map” function or both. This GPS must also be capable of uploading/downloading user provided maps and charts.

3.3.2.5 Portable emergency locator transmitter (ELT).

3.3.3 Signal device day and night, flares, and smoke.

3.4 Service Truck

Projects will require several days flying in relatively remote areas. A service truck will be provided by the Contractor to supply helicopter fuel and routine helicopter maintenance. Service truck shall be so equipped that it will have air to ground communications with the helicopter. All fuel shall be supplied by the Contractor.

3.5 Sling Equipment

The Contractor will furnish equipment necessary to sling transport (wildlife, from capture site to alternate base.

3.6 Pilot Experience

3.6.1 Contractor shall use their best judgment in supplying the pilot(s) deemed most suitable for this type of operation. Capture pilot must have a minimum of five captures or been a front seat observer for five captures.

Purchasing Office

3.6.2 Pilots shall have accumulated as Pilot-in-command the minimum flight times listed below.

Flight time shall be determined from a certified pilot log. Further verification of flight hours may be required at the discretion of AGFD.

Minimum Flight Hours

(a) Helicopter 1,500

(b) Weight Class1 100

(c) Turbine 250

(d) Make, model and subsequent series 50

(e) Typical terrain2 200

Footnotes:

1 Weight Class: Light (1-5 place), Medium (6-15 place), Heavy (16-26 place).

2 Typical terrain experience requirements are: Pilot experience in mountainous terrain with varying elevations of over 5,000' true altitude at temperature ranges above 75 degrees F, rugged peaks, deep canyons, cliffs, rock outcrops, steep slopes, mountaintop helispots, mountainside landing spots surrounded by trees, brush or rocks; persistent wind and weather, which includes strong winds in the mountains and canyons with sudden up and down drafts and direction changes.

The pilot is expected to be proficient when they arrive at the job site. If the pilot is not proficient upon arrival at the job site, the contractor will provide any necessary training at its own expense to bring the pilot up to required proficiency standards

3.7 Fuel Surcharge

3.7.1 The AGFD recognizes that fuel costs amount to a substantial portion of the helicopter operating costs and that fuel prices are escalating at an unpredictable rate. Therefore, the Contractor shall specify the baseline fuel price per gallon (Jet fuel) that the bid price is based upon. Contractor shall provide this on Attachment III, Pricing Proposal. The AGFD agrees to pay for actual fuel costs that are 5% or more over the baseline amount for contracted helicopter services at 38 gallons per flight hour. If actual fuel costs are below this baseline fuel cost, there will be no payments made for fuel surcharges. If actual fuel costs are at 10% or more below this baseline fuel cost, then corresponding reductions must be made to the flight services invoice by the Contractor.

3.7.2 To collect payment for fuel surcharges 5% or more over the baseline fuel price per gallon, the

Contractor will invoice the AGFD for the fuel surcharge on a line item for each project. An AGFD Fuel Surcharge Worksheet must be completed and proper documentation of total flight hours, total fuel costs, and total gallons of fuel purchased must be provided with each fuel

Purchasing Office surcharge invoice. Photocopies of the fuel receipts for the actual delivery must accompany the fuel surcharge invoice.

3.7.3 Additionally, to collect full payment for fuel surcharges 5% of more over the baseline fuel price per gallon, the Contractor shall provide documentation that total hours flown, total fuel costs, and total gallons of fuel purchased were for the exclusive use of AGFD. If documentation cannot demonstrate that the flight service was exclusively for AGFD, the payment for fuel surcharges will be prorated on a mutually agreeable basis with AGFD

3.8 Fees

Any fees associated with landing, overnight or hangar use shall be the responsibility of AGFD. The contractor is responsible for coordinating any cost associated with fees and must have AGFD approval beforehand.

3.9 AGFD Responsibilities:

AGFD shall:

3.9.1 Provide a map of the capture area, operation start times, and capture targets.

3.9.2 Assist the Contractor in locating target animals through one or more of the following means:

3.9.2.1 Using previous survey data.

3.9.2.2 Tracking currently collared individuals via VHF or GPS locations

3.9.2.3 Using aerial and/or ground-based observers.

3.9.3 Provide ground support, establish a staging area/communications base within or adjacent to the capture area, and designate a capture coordinator and alternate.

3.9.4 Secure clearances for captures and landings within the project area.

3.9.5 Develop and distribute an Emergency Response Plan prior to capture operations.

3.9.6 Be responsible for any animal handling/processing which occurs at staging areas.

3.9.7 Provide all sedatives, and drugs. If sedatives are being administered a veterinarian will be present at the staging area.

Purchasing Office

3.9.8 AGFD capture coordinator will conduct a daily briefing prior to capture operations commencing.

3.9.9 Additional projects and sites may be requested during the life of this contract.

INVOICING / RATES

4. INVOICING / RATES

4.1 The Price Schedule differentiates between flight rates for ferry flight time and project/capture flight time. Ferry flight time is defined as the time spent by the Contractor flying from their base of operation to the alternate base from which survey, capture, or external load work will be performed and flying between the alternate bases. Project flight time is time spent flying during capture operations.

4.2 Project/capture flight time should be provided as a per animal charge with a minimum expectation of animals caught per hour and as an hourly rate if the minimum number of captures per hour are not met. Identify if cost rates will differ by species captured.

4.3 Contractors may include a mileage charge for a fuel truck. Contractor shall list this charge on Attachment III, Pricing Proposal. If Contractor does not indicate a price for mileage charges, it is understood that no additional charges will be incurred for the use of the fuel truck(s).

4.4 If Contractor expects to transport helicopters to the alternate base(s) by truck, Contractor should use the ground ferry rate blank in the appropriate price schedule(s) on Attachment III.

4.5 If overnight airport fees or surcharges are incurred as part of a project/capture operation, the Contractor may include these costs when invoicing provided a copy of the original airport receipt for the charges is included with the invoice.

4.6 Travel costs incurred by the Contractor, such as lodging, meals, and mileage are to be included in the contracted rate listed on the pricing page.

EVALUATION CRITERIA

5. EVALUATION CRITERIA

In accordance with the Arizona Procurement code A.R.S. § 41-2534, 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 below. Response to evaluation criteria is incorporated in the Required Forms.

5.1 Experience/Expertise/Reliability 45%

5.2 Method of Approach 35%

5.3 Cost 20%

Purchasing Office

In addition to the evaluation criteria, exceptions to the terms and conditions, as stated in the Uniform Instructions Section C.3, may impact an Offeror’s susceptibility for award.

INDEMNIFICATION AND INSURANCE

6. INDEMNIFICATION AND INSURANCE

6.1 Indemnification

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, and any jurisdiction or agency issuing permits for any work included in the project, and their respective directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as "Claims") arising out of actual or alleged bodily injury or personal injury of any person (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 Contractor's directors, officers, agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of 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. This indemnification will survive the termination of the above listed contract with the Contractor.

6.2 Insurance Requirements

(Service Contracts using Contractor Vehicles >$50K)

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

6.2.2 The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

6.2.3 Minimum Scope and Limits of Insurance

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

Purchasing Office

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 Occurrence` $1,000,000

• Personal and Advertising Injury Occurrence $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

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

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

Business Automobile Liability

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

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

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

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

Workers’ Compensation and Employers' Liability

• Workers' Compensation Statutory

• Employers' Liability:

o Each Accident $1,000,000 o Disease – Each Employee $1,000,000

Purchasing Office o Disease – Policy Limit $1,000,000

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

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate aiver form (Sole Proprietor or Independent Contractor).

6.2.4 Additional Insurance Requirements

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

6.2.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the

Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

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

6.2.5 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona.

Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, or hand delivered to AGFD Purchasing Dept, 5000 W Carefree Hwy, Phoenix, AZ 85086 or email procurement@azgfd.gov.

6.2.6 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

Purchasing Office

State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

6.2.7 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.

6.2.7.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

6.2.7.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

6.2.7.3 All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

6.2.8 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.

6.2.9 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.

6.2.10 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.Instructions to Offerors

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

SOLICITATION NO.

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 AGFD 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

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

4. 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).

5. 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 in APP prior to

Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086 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 the Arizona Procurement Portal cannot be awarded in APP.

6. 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.

7. CLARIFICATION OF OFFER

7.1. 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.

7.2. 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.

8. NON-EXCLUSIVE CONTRACT

The AGFD 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 AGFD.

9. 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.

10. 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).

Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

11. ADDITIONAL LOCATIONS

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

12. 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.

13. 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 (quote) in 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 AGFD first having been obtained.

14. 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.

15. 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.

16. TAXES

The AGFD 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.

Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

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.

17. INVOICING

The AGFD 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 AGFD. 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 AGFD personnel have given prior approval.

18. 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 AGFD. 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 AGFD, 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 AGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

19. ACCEPTANCE

Each delivered item shall be subject to a complete inspection by AGFD 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.

20. 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.

21. POST AWARD CONFERENCE

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

Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

22. 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.

23. CONTRACT EXTENSION

The AGFD 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.

24. PRICE ADJUSTMENT

24.1. Original Price: The original price shall remain the same for the contract term. AGFD 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.

24.2. 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.

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

24.4. AGFD, 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 AGFD, the Contractor shall make available all electronic and hard copy catalog/price list updates at no additional cost.

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

25. PRICE REDUCTION

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

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

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

Department

Purchasing Office 5000 West Carefree

Highway Phoenix, Arizona 85086

26. CONTRACT INQUIRY

Following award, the Contractor(s) shall contact the AGFD 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.

27. CONTRACT ADMENDMENTS

The AGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AGFD. 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.

28. DISPUTES:

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

29. LICENSES

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

30. 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.

31. 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.