Grocery:_In-Store_Purchasing_or_Direct_Online_Order.pdf

REQUEST FOR PROPOSAL

26V-1029

GROCERY: IN-STORE PURCHASING OR DIRECT ONLINE ORDER

Mohave Educational Services Cooperative

211 N 7th St

Kingman, AZ 86401

RELEASE DATE: August 31, 2026

DEADLINE FOR QUESTIONS: October 23, 2026

RESPONSE DEADLINE: October 29, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/mesc https://secure.procurenow.com/portal/%7bproject.government.code%7d

Mohave Educational Services Cooperative

REQUEST FOR PROPOSAL

Grocery: In-Store Purchasing or Direct Online Order

I. Introduction II. Instructions to Offeror and Solicitation Information

III. Primary Vendor Information IV. Past Performance Surveys V. Special Terms and Conditions

VI. General Terms and Conditions VII. Pricing Information / Price Workbook Instructions

VIII. Vendor Submissions

Attachments:

A - RFP 26V-1029 Anti-Lobbying Certification Form

B - RFP 26V-1029 Anti-Lobbying Certification Form

C - RFP 26V-1029 Contract Information for Firm

D - RFP 26V-1029 Contract Information for Firm

E - RFP 26V-1029 EDGAR Certification

F - RFP 26V-1029 EDGAR Certification

G - RFP 26V-1029 Offer and Acceptance Form

H - RFP 26V-1029 Offer and Acceptance Form

I - RFP 26V-1029 USDA Form AD-1048

J - RFP 26V-1029 USDA Form AD-1048

K - RFP 26V-1029 Current Mohave Members

L - 26V-1029 Grocery In-store or Online

M - RFP 26V-1029 Specifications

Request for Proposal #26V-1029 Title: Grocery: In-Store Purchasing or Direct Online Order

1. Introduction

Pursuant to the provisions in the Arizona procurement rules and code, Mohave Educational Services

Cooperative, Inc. (Mohave) seeks proposals to establish contract(s) for Grocery: In-Store Purchasing or

Direct Online Order. To be considered, proposals shall be submitted, via OpenGov Procurement, prior to the specified due date and time. A public opening will be held by teleconferencing. If you would like to attend the opening, please contact the Contract Specialist for instructions. Proposals shall be opened immediately following the proposal due date and time, with the name of each offeror publicly listed via

OpenGov Procurement. Late offers shall not be considered.

Mohave is not responsible for any unsuccessful submission of documents to the OpenGov Procurement website.

Offerors are strongly encouraged to carefully read the entire contents of this solicitation prior to submitting a proposal. Failure to examine any of the requirements will be at the offerors' risk.

Mohave reserves the right to cancel this solicitation and/or reject all proposals in whole, or in part, if

Mohave determines that cancellation and/or rejection is advantageous to Mohave and/or its members.

1.1. Questions

RFP Questions Must Be Directed To:

Michael Nentwig, CPPB, Email: contracts@mesc.org Telephone: 928-718-3204

Questions may also be submitted through the OpenGov Procurement “Questions and Answers” tab.

Last Day For Questions: Friday, October 23, 2026, 5:00 p.m. (local Arizona time)

1.2. Pre-proposal Conference Participation

Pre-proposal Conference Held: Wednesday, September 16, 2026 at 10:00 AM (local Arizona time)

For login, contact the Contract Specialist, no later than Tuesday, September 15, 2026.

mailto:contracts@mesc.org

2. Instructions to Offeror and Solicitation Information

2.1. Submission of Proposals

Proposals should provide straightforward, concise information that satisfies the requirements. Emphasis should be placed on conformity to the requirements, as well as the completeness and clarity of the submitted content.

A proposal submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after specified due date and time.

2.2. Contract Type

The term contract shall be a percent of discount off manufacturer’s price list or catalog, fixed price, or a combination of both with indefinite quantities.

2.3. Award Criteria

The weighted award criteria for this solicitation, in relative order of importance, are as follows:

Award(s) shall be made to the responsive and responsible offeror(s) whose proposal(s) is/are determined in writing to be most advantageous to Mohave for its members.

Responsive and responsible offeror(s) shall provide the following requirements:

1) Pricing Information (40 Points): Completed pricing workbook, price schedules, additional requested price information, volume discount information, P-card/credit card acceptance information, cost of local delivery, and handling charges;

2) Offer and Acceptance, Terms and Conditions, Scope of Work and Specification Documents (30

Points): Offer and Acceptance Form, Confidential/Proprietary Submittal, amendments (if any), General and Special Terms and Conditions Acceptance Forms, Scope of Work, Specifications with exceptions/deviations noted, Scope of Work and Specifications Acceptance Form, Anti-Lobbying

Certification Form, USDA Form AD-1048, and EDGAR Certification;

3) Primary Vendor Information (20 Points): Complete response to the Method of Approach and

Qualification and Experience pages, references (past performance information), certificate of insurance, and financial information;

4) Supporting Contract Documents (5 Points): Completed Contract Information for Firm form and sample supplemental or end-user agreements;

5) Additional Information (5 Points): Descriptive literature, slicks and any supporting documents, overall evaluation orderliness, readability of offer and evidence that the firm has the ability to follow instructions, and additional information.

2.4. References Used for Terms and Conditions

Acronyms used in the solicitation are noted in bold font below:

Arizona Administrative Code (A.A.C.): https://azsos.gov/rules/arizona-administrative-code https://azsos.gov/rules/arizona-administrative-code

Arizona Executive Orders: https://azgovernor.gov/executive-orders

Arizona Revised Statutes (A.R.S.): https://www.azleg.gov/arstitle/

Code of Federal Regulations (CFR): http://www.ecfr.gov/

Davis-Bacon Act: https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra

Education Department General Administrative Regulations (EDGAR):

https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html

E-Verify: https://www.e-verify.gov/employers/enrolling-in-e-verify

Public Law: https://www.congress.gov/public-laws/116th-congress

State of Arizona Accounting Manual (SAAM) - Travel Policy: Section IID - Section II (SAAM):

https://gao.az.gov/travel/welcome-gao-travel

Uniform Commercial Code as adopted by the State of Arizona (UCC): https://www.azleg.gov/arsDetail/?title=47

United States Department of Housing and Urban Development (HUD): https://www.hud.gov/ https://azgovernor.gov/executive-orders https://www.azleg.gov/arstitle/ http://www.ecfr.gov/ https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.congress.gov/public-laws/116th-congress https://gao.az.gov/travel/welcome-gao-travel https://www.azleg.gov/arsDetail/?title=47 https://www.hud.gov/

3. Primary Vendor Information

Instructions

Each Section below contains questions that will provide Mohave with an understanding of your firm's

Method Of Approach and Qualifications.

Copy each set of questions to a separate document and provide complete answers. This is your firm's opportunity to show Mohave what your firm is about and how you can provide the requested products or services in this solicitation.

The finished documents will be uploaded in Vendor Submissions

Failure to complete all questions may result in your proposal being considered non-responsive.

3.1. Method of Approach - Project Plan

Offeror shall provide a project plan that describes how the offeror intends to implement the plan.

This information shall include, but not be limited to:

A. Account team structure (for a Mohave contract) and role which includes, but is not limited to:

description of sales contact process, account team support, and periodic account review processes.

B. Communication process with Mohave and its members.

C. Standard delivery time for products/services after receipt of purchase order.

D. Contract vendor training of staff assigned to specifically administer, sell products or services, or monitor duties and processes under an awarded Mohave contract.

E. Specific value-added services that may benefit members.

F. Indicate how you will ensure your sales staff does not sell products or services that are not on contract.

G. Are there any limitations to the types of members that you will provide services to? If so, indicate what those limitations are.

3.2. Method of Approach - Direct Online Ordering Questionnaire

A. Describe the process members would be required to follow to set up a credit account with your firm.

Include the steps and information required from the member. Include any sales or credit applications and agreements.

B. Loyalty programs are allowed, provide a description of available programs and the process to use any offered program.

C. Describe your online ordering process in detail, as requested below:

1. Provide details of the capabilities of your online ordering system including the ability to display contract pricing, online ordering, order tracking, search options, order history, technical assistance, technical data, and documentation.

2. Describe your firm’s ability to utilize electronic data interchange, online live-chat capabilities, online ordering, payment (P-cards, purchase orders, etc.) and shipment tracking.

3. Describe in detail the steps that a member would need to take to place an order under an awarded contract, using your online ordering system (provide additional pages as necessary).

4. Provide ‘screenshots’ of your online ordering system. Include screenshots of login, search, checkout, etc. Provide the information as to the function contained in each screenshot.

D. Provide a link/URL and a sample password/guest access code to your shopping website or a sample website to allow access for website evaluation and access to products/pricing that will be offered under a Mohave contract. Temporary account must remain active for one hundred twenty (120) days. Provide confirmation that sample password/guest account code will be inactive after one hundred twenty (120) days from the due date of this RFP (October 29, 2026). Include the final date sample password/guest account code will be active. Mohave may request an extension to the one hundred twenty (120) days expiration period.

E. If your firm cannot set up a website or user account to display contract pricing, provide your offered contract pricing as part of the pricing workbook.

F. Provide your understanding that an actual live website and/or account shall be required to display contract pricing under an award, and shall be available in the timeline specified Vendor Submissions 5.8.

3.3. Method of Approach - Direct Online Order - In-Store Purchasing, In-Store Pickup, or Delivery to Member Site Questionnaire

A. Local in-store purchases explain how will your firm manage and ensure that members will receive contract pricing at the local store(s) for any in-store purchases?

B. Online purchase with pick-up at local store service: provide the steps members need to follow for this process.

C. Online purchase with local store delivery to member site: provide the steps members need to follow for this process. Provide any dollar or quantity minimum thresholds for delivery, or any offered free delivery. Include any delivery information in the pricing workbook Summary Section One, including, but not limited to: delivery charges, if any; calculation of delivery charges (if applicable); delivery range (e.g., 25 miles from store location); and available delivery times.

D. Provide a list of all store locations that will be participating under an awarded contract. Include the store’s address, phone number, level of participation (e.g., in-store purchases, online purchase and pickup in store or delivery), and the hours/days of operations for each store. Include stores located in other states, that may border Arizona, that will service the local community in Arizona.

3.4. Qualifications and Experience - About Firm Questionnaire

Prepare a summary of your firm, explaining the qualifications and experience necessary to provide the products in this solicitation as follows:

A. Provide a short narrative description of what you are offering for this contract.

B. Provide a brief history of your company that includes length of time in business, how long your company has provided the products/services you are proposing, and your firm’s philosophy of doing business.

C. Provide written verification if offeror has recently purchased an established business or has proof of prior success in this business or a closely related business.

4. Past Performance Surveys

4.1. PPI Survey Request

An online survey has been created to allow for the collection of reference information from Arizona public agencies where you have successfully accomplished work or sold products and services in the past five (5) years, for specific products/services similar to this solicitation. Provide the following link to Arizona public agencies who can provide reference information for your firm:

https://www.surveymonkey.com/r/RFP26V1029

The above survey is now active and will remain active until the due date and time for this solicitation. It is recommended that you send this link to as many Arizona public agencies as you determine to be appropriate, in order to ensure that Mohave receives a minimum of three (3) completed surveys.

If you cannot provide the link to three (3) Arizona public agencies, provide the link to other public agencies not located in Arizona. If you cannot provide the link to public agencies, do so with private business entities.

https://www.surveymonkey.com/r/RFP26V1029

5. Special Terms and Conditions

Some Special Terms and Conditions may specify placement of information in Vendor

Submissions. Pay close attention to placement information as indicated in select Special Terms and Conditions.

5.1. Delivery

A. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials in each installment or lot under this contract and may not substitute nonconforming materials.

Mohave reserves the right to declare a breach of contract if contract vendor delivers nonconforming materials to any member under this contract.

B. Defective goods: Contract vendor agrees to arrange and pay for return shipment of goods that arrive in a defective or non-operable condition.

C. Delivery time: Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order.

D. Improper delivery: If the goods or tender of delivery fail in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit or units and reject the rest.

E. Liens: All materials shall be free of liens.

F. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member’s site. Restocking fees in excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Restocking and return shipping charges shall be identified in the price workbook.

G. Serial numbers: Offers shall be for equipment on which the original manufacturer’s serial number has not been altered in any way.

5.2. Form of Contract

A. Contract vendor documents: If a firm submitting an offer requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the proposal. If awarded a contract, any additional contract vendor’s documents shall not become part of Mohave’s contract unless, and until, an authorized representative of Mohave reviews and approves them. Contract vendor agrees to provide

Mohave a copy of any agreements that are revised during the term of an awarded contract, prior to having the member sign the agreement.

B. Form of contract: The form of contract for this solicitation shall be the Request for Proposal, any issued amendments, best and final offer(s), the awarded proposal(s), contract modifications, and properly issued and reviewed purchase orders referencing the awarded contract number.

C. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.

5.3. Insurance

A. Certificate of Insurance: Evidence of the required insurance shall be provided with your proposal by means of a current certificate of insurance with the coverages as stated within the requirements below.

Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave Educational Services Cooperative, Inc. as the certificate holder.

Certificate of Insurance (or certificates of insurance if using multiple carriers) shall include, at a minimum, coverage for:

1. General Liability

2. Automobile liability

3. Umbrella or Excess Liability (If needed to meet aggregate amount)

4. Workers’ Compensation

In addition, contract vendor must be willing to provide, upon request, identical certificate of insurance to any member using this contract. Contract vendor must also be willing, upon request, to add any member as an additional insured entity. Any costs for adding a member as an additionally insured entity, shall be clearly identified in submitted contract pricing. If no pricing is identified, adding a member as an additionally insured entity, shall be provided at no additional cost.

Provide evidence of current insurance coverage, upload in Vendor Submissions 4.3.

Failure to provide the coverages stated above, with any minimum stated aggregate amounts provided in the requirements below, may render your proposal as non-responsive.

B. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this contract.

C. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive general liability insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000.

D. Scope of Insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the insured. All insurance must be written by companies incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business in Arizona.

E. Subcontractor insurance: Prior to commencing any work, any subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers’ compensation insurance, which waives all subrogation rights against the prime contractor, member, and Mohave.

F. Umbrella/Excess Liability insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract. Contract vendor may use umbrella/excess liability insurance to meet the general liability aggregate amount of not less than $2,000,000.

G. Workers’ compensation insurance: Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation insurance for all of contract vendor’s employees engaged in work under the contract. All workers' compensation insurance will comply with Arizona state statute and evidenced by a certificate of insurance.

5.4. Manufacturer Support

Offerors submitting proposals as a manufacturer’s representative must be able, if requested by Mohave, to supplement the offer with a letter from the manufacturer certifying that offeror is an authorized dealer for the equipment offered, and that offeror is authorized to submit an offer on such equipment.

5.5. Member Agreements

Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. Contract vendor and member must agree to all provisions in any additional agreements. If agreement requirements result in additional costs to contract vendor, contract vendor shall be entitled to direct reimbursement for these costs, in addition and separately to approved contract pricing. A copy of the additional member agreement shall accompany member’s purchase order.

5.6. Offeror Qualifications

It is preferred that the offeror has extensive knowledge and at least three (3) years experience with the provision of the product, material, process, or services offered. Mohave reserves the right to accept or reject newly formed companies based solely on information provided in the proposal and/or its own investigation of the company.

5.7. Pricing

A. Administration fee: Mohave’s 1% administration fee shall be included in offeror’s contract price.

Contract vendor shall not add the administration fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave.

B. Application of pricing: In Mohave’s purchase order review process, the date of a valid contract vendor’s quote or the date Mohave receives a member purchase order will generally be used to determine contract pricing that is in effect for that order. The date Mohave receives a member purchase order will only be used to determine contract pricing that is in effect for an order when a contract vendor’s quote does not exist or is invalid. However, other factors may apply.

C. Basis for pricing: Contract pricing under this RFP shall be based upon:

1. Percentage discount applied to a published website, catalog, shelf, market, or other pricing source;

2. Published website, catalog, shelf, market, or other pricing source without additional discount;

3. Firm fixed price with economic price adjustment;

- Economic price adjustments are defined as unexpected price increases for services, raw materials, or other costs that are outside the control of the offeror.

- Any contingencies for economic price adjustments shall be identified in the proposal.

- Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract; or

4. A combination of the above.

The price included on a website:

- Is regularly maintained by a manufacturer, distributor, or contractor;

- Is either published or otherwise available for inspection by customers; and/or

- States prices at which sales are currently or were last made to a significant number of buyers for the product, material, process, or services.

Website price is referred to as manufacturer’s price list, price list, or catalogs throughout this solicitation.

D. Initial catalogs/price lists: A copy of the latest edition of the price list or catalog to which discount shall be applied shall be included with proposal. Include a copy of the latest edition of all applicable price lists or catalogs to which discount shall be applied with your proposal. Submission of outdated price lists or catalogs may result in rejection of proposal.

E. Fixed prices: Fixed price offers shall include prices for any and all items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of allowed contingencies for economic price adjustment outlined in the proposal. If allowed contingencies for price adjustment occur, contract vendor shall submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of submittal and results from an increased cost to contract vendor that was out of contract vendor’s control. Mohave shall review requests for fixed price adjustments to determine if the requested adjustments will be allowed. New fixed prices shall not apply until approved by Mohave. Price changes shall be a factor in contract renewal (contract modification).

F. Combination pricing: Offers for combination contracts shall clearly identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.

G. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise.

H. Discounts: Submitted pricing shall clearly identify the percent of discount to apply to the applicable website price, catalog price, shelf price, market price, or other pricing source. If multiple discounts apply, offeror shall clearly indicate the discounts and applicable materials or services. Offeror shall agree that there will be no reduction in discount(s) during the term of contract.

I. Escalators: Any pricing escalators applicable to fixed-price offerings shall be reviewed and approved by

Mohave prior to applying the escalator to approved contract pricing. For contracts based upon website pricing, catalog pricing, shelf pricing, market pricing, or other variable pricing sources, changes to the underlying pricing source shall not be considered an escalator, provided the awarded discount remains unchanged.

J. Updated Pricing Sources:

1. For fixed price contracts: New price lists, workbooks, and/or catalogs may be submitted for review throughout the term of the contract. Mohave will review new price lists, workbooks, and/or catalogs to determine if the new prices or an alternative option is in the members’ best interests. New price lists, workbooks, and/or catalogs shall apply to the contract only upon approval from Mohave.

2. For contracts based upon website pricing, catalog pricing, shelf pricing, market pricing, or other published pricing sources: the contract vendor shall be bound by the awarded pricing methodology, including any applicable discount or adjustment factor. Changes to the underlying website price, catalog price, shelf price, market price, or other published pricing source shall not require prior approval by

Mohave, provided the awarded pricing methodology remains unchanged. Upon request, contract vendor shall provide documentation sufficient to verify current pricing and demonstrate compliance with the awarded pricing methodology.

3. For all pricing methods: Mohave reserves the right to review pricing at any time to determine continued competitiveness and whether pricing remains in the best interests of participating members.

Pricing determined by Mohave to be non-competitive may be grounds for contract modification, non-renewal, or termination. Any new catalogs, price lists, websites, workbooks, or other pricing sources used under the contract shall continue to meet the requirements stated in Basis for Pricing.

K. Percent of discount as fixed price: Discounts or other pricing adjustments must be based upon an identifiable and verifiable pricing source. Pricing adjustments that are not tied to a published, documented, or otherwise verifiable pricing source may, at Mohave's sole discretion, be administered as fixed-price offerings.

L. Price reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Price reductions (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. Price reductions limited to a single member are not acceptable.

Special time-limited reductions are permissible under the following conditions:

1. Reduction is available to all members equally;

2. Reduction is for a specific time period, normally not less than thirty (30) days;

3. Original price is not exceeded after the time-limit;

4. Mohave has approved the new prices prior to any offer of the prices to a member. Mohave shall be the sole judge on the acceptance of price reductions under an awarded contract.

For contracts that allow daily dynamic pricing adjustments and are based upon a discount, markup, or other variable pricing methodology, enhancements to the awarded pricing methodology may be offered at any time.

5.8. Samples

A. Sample evaluation: Samples will be compared to proposal specifications and evaluated as to materials used in construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance.

B. Sample requirements: Samples may be required prior to awarding a contract. Offeror shall provide adequate samples and detailed specifications for any item offered. Samples must be submitted within ten

(10) days of request from Mohave.

C. Sample submittals: Samples shall be free of charge and submitted and removed by offeror at offeror’s expense. Mohave shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to offeror shall be considered abandoned, and Mohave shall have the right to dispose of them.

5.9. Subcontractors

A. Awarding subcontracts: Offeror agrees that any subcontract competitively solicited by contract vendor shall not be awarded solely upon membership or non-membership in a union or professional association.

B. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the

Mohave contract.

C. Prime contractor: Contract vendor shall be considered a prime contractor and not a subcontractor.

Neither Mohave nor member shall establish a contractual relationship with subcontractors.

D. Subcontracts: No subcontracts shall be entered into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Arizona procurement rules and code. No subcontracting costs may be hidden in a cost proposal to member.

E. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven (7) days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of interest received. Complaints by subcontractor may be resolved as described in

Arizona procurement rules and code. Failure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract.

F. Use of subcontractors: Use of subcontractors shall permit work to be managed effectively and without delay and shall not cause any disturbance or interference to the progress of the project (e.g., engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member, or Mohave.

5.10. Term of Contract and Extension

A. Contract period: It is Mohave’s intent to award a multi-term contract for the specified product, material, process, or services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, contract may be extended for up to four (4) consecutive additional twelve (12) month periods, beginning immediately after expiration of the prior term. However, no contract extension (contract modification) exists unless and until contract vendor is so notified by Mohave.

B. Contract extension (contract modification): Conditions for contract extension (contract modification) may include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. Mohave shall prepare a performance report for all contracts prior to issuing any extension

(contract modification). This performance report shall use past performance information gathered by your assigned Contract Specialist. Past performance information shall be used when determining whether a contract receives an extension (contract modification).

C. Month-to-month extensions (contract modification): Mohave reserves the right to offer month-to-month extensions (contract modification), if that is determined to be in the best interests of members.

5.11. Warranty/Quality Guarantee

A. Extended warranties contracts: Contract vendor or a manufacturer may offer extended warranties available at extra cost for members. Any applicable extended warranty pricing shall be included in the

Excel pricing workbook.

B. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave, or its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract.

C. Inspection: The warranties set forth in this section shall not be affected by inspection or testing of, or payment for, the product or materials to contract vendor by member.

D. Quality: Unless otherwise specified, contract vendor warrants that for a period of one (1) year after acceptance of the equipment or materials by member, they shall be:

1. Of a quality to pass without objection in the industry or trade normally associated with them;

2. Fit for the intended purpose(s) for which they are used;

3. Of even kind, quantity, and quality within each unit and among all units, within the variations permitted by the contract;

4. Adequately contained, packaged, and marked as the contract may require; and

5. Conform to the written promises or affirmations of fact made by contract vendor.

E. Warranty requirements: Contract vendor warrants that all products, materials, processes, and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum twelve (12) month manufacturer’s warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms.

Any extended manufacturer’s warranty shall be passed on to member without exception. Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty.

F. Warranty work: Contract vendor shall perform all warranty work and remain available to member should continued services be required after warranty obligations are met.

6. General Terms and Conditions

Some General Terms and Conditions may specify placement of information in Vendor

Submissions. Pay close attention to placement information as indicated in select General

Terms and Conditions.

6.1. Advertising

Offeror shall not advertise or publish information concerning this solicitation prior to an award being announced by Mohave. After award, contract vendor(s) may advertise the availability of contracted products, materials, processes, and services to members. Any promotional marketing materials using the

Mohave logo shall be approved by a Mohave Contract Specialist in advance.

6.2. Availability of Funds

Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any contract awarded by Mohave will be conditioned upon the availability of member funds.

6.3. Cancellation

A. Cancellation Process: The following requirements shall apply to all cancellation notices issued under an awarded contract:

1. A written notice of cancellation shall be sent to contract vendor, and the effective date of cancellation shall be the date specified within the written notice of cancellation.

2. Upon cancellation, all products, materials, processes, and services paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.

3. Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation.

4. Cancellation shall have no effect on projects in progress prior to the effective date of the cancellation.

5. Contract vendor is obligated to continue submitting monthly reconciliation reports and administrative fee payments until all purchases are complete and closed.

B. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract holder is sold and ownership is transferred to a new party.

C. Cancellation for conflict of interest: In accordance with A.R.S. § 38-511, Mohave may cancel the contract within three (3) years after contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of

Mohave is or becomes at any time while the contract, or an extension of the contract is in effect, an employee of or a consultant to any party to the contract with respect to the subject matter of the contract.

The cancellation shall be effective when contract vendor receives written notice of the cancellation unless the notice specifies a later time.

D. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or in part, when Mohave determines that action to be in the best interests of its members.

E. Cancellation for no or low-usage: Mohave may terminate any contract if members have not used the contract, or if purchase volume is determined to be “low volume” in any twelve (12) month period.

F. Cancellation for non-performance or contract vendor deficiency: Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term, or condition of the contract. Mohave may issue a written deficiency notice to contract vendor for acting or failing to act in any of the following:

1. Failing to comply with the accepted terms and conditions of the contract;

2. Providing material that does not meet the specifications of the contract;

3. Providing work and/or material that was not awarded under the contract;

4. Failing to adequately perform the services set forth in the scope of work and specifications;

5. Failing to complete required work or furnish required materials within a reasonable or specified amount of time;

6. Failing to make progress in performance of the contract and/or giving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract; or,

7. Performing work or providing products, materials, processes, or services under the contract prior to receiving a Mohave reviewed member purchase order for such work.

Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials, and work paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.

G. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation, if a new solicitation has been issued and a contract has been awarded to the same contract vendor for similar products, materials, processes, and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to delay or replace the contract rests solely with Mohave.

H. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract modification).

Termination shall have no effect on projects in progress at the time the notice of cancellation is received by Mohave.

I. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice.

J. Gratuities: If Mohave determines that any contract vendor or an employee of contract vendor has offered, conferred, or agreed to confer any personal gift or benefit on any employee of Mohave or a member employee who supervised or participated in the planning, recommending, selecting, or contracting of the contract, in accordance with A.R.S. § 15-213(O), Mohave may, by written notice, terminate the contract, in whole or in part. Officers, employees, and agents are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors or parties of subcontractors under an awarded contract. Paying the expenses of normal business meals shall be in accordance with each member’s policy regarding gratuities. Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation are not considered gratuities.

K. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole or in part, if Mohave determines that employment or a gratuity was offered or made by the contract vendor or a representative of the contract vendor to any officer or employee of the school district or school purchasing cooperative for the purpose of influencing the outcome of the procurement or securing the contract, an amendment to the contract, or favorable treatment concerning the contract, including making of any determination or decision about contract performance.

6.4. Captions, Headings, and Illustrations

The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of perusal only, and in no way define, limit, or describe the scope or intent of the request.

6.5. Certification

By signing and submitting the Offer and Acceptance Form (Vendor Submissions), offeror certifies the following:

A. Offeror has examined and understands the terms, conditions, scope of work, specifications, and other documents in this solicitation.

B. The submission of the offer did not involve collusion or other anti competitive practices and that the offeror has taken steps and exercised due diligence to ensure that no violation of A.R.S. §15-213(O) has or will occur. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation.

C. 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.

D. Neither offeror, nor any officer, director, partner, member, or associate of offeror, nor any of its employees directly involved in obtaining contracts with the State of Arizona, Mohave Educational Services

Cooperative, Inc., or any subdivision of the state, has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985.

E. Offeror agrees to comply fully with any and all provisions of A.R.S. Title 32, Chapter 10 (Registrar of

Contractors) that may regulate offeror’s business.

F. Offeror shall not discriminate against any employee, or applicant for employment, in violation of federal and state laws (see Federal Executive Order 11246; and A.R.S. Title 41, Chapter 9, Article 4).

G. Offeror is not currently suspended, debarred, or otherwise precluded from participating in any public procurement activity with any federal, state, or local government entity.

H. If awarded a contract, offeror agrees to promote, offer, and sell under Mohave contract, only those materials and/or services awarded to contract vendor by Mohave.

I. If awarded a contract, offeror shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terms, conditions, scope of work, specifications, and other documents of this Request for Proposal.

J. If awarded a contract, offeror agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age, or national origin.

K. Offeror and all proposed subcontractors comply and shall remain in compliance with the Federal

Immigration and Nationality Act (FINA), all other federal immigration laws and regulations, A.R.S. § 41-

4401, and A.R.S. § 23-214, which requires compliance with current federal immigration laws by employers, contractors, and subcontractors in accordance with the E-Verify employee eligibility verification program.

L. Offeror shall comply with A.R.S. § 35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel.

M. If applicable to the products and services offered under this contract, offeror shall comply with current applicable requirements of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and accompanying regulations. Contract vendor agrees to work with member in the course of performance so that the member and contract vendor are in compliance with HIPAA.

N. Pursuant to A.R.S. § 35-394, by signing the Offer and Acceptance Form the offeror entering into a contract with Mohave certifies they do not use forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

6.6. Confidential Information

A. Confidential information request: If offeror believes that its proposal contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the proposal, and the information shall be so identified wherever it appears. Mohave shall review the statement and shall notify the offeror of their determination in writing whether the information shall be withheld or disclosed. Requests to deem the entire offer as confidential will not be considered.

B. Pricing: Mohave will not consider pricing to be confidential or proprietary.

C. Public record: All proposals submitted in response to this solicitation shall become the property of

Mohave. They will become a matter of public record available for review, subsequent to award of contract(s), with the exception of information deemed confidential by Mohave.

6.7. Confirmation/Discussions

A. Confirmation: If an apparent mistake in a proposal, relevant to the award determination is discovered after opening and before award, Mohave shall contact the offeror for written confirmation of the proposal. If offeror fails to act, the offeror shall be considered non-responsive.

Mohave may contact an offeror to confirm our understanding of the proposal. Such contact shall be prior to award. Mohave shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file. Correction of mistakes in a proposal shall only be allowed as described in Arizona procurement rules and code.

B. Discussions: For the purposes of conducting discussions, Mohave shall determine that proposals are either acceptable for further consideration or unacceptable. Discussions may be conducted with responsible offerors who submit proposals determined to be acceptable for further consideration.

Discussions may be conducted to assure full understanding of the proposal in order to obtain the most advantageous contract for Mohave, based on the requirements and evaluation factors in this Request for

Proposal. Discussions may be conducted orally or in writing. If oral discussions are conducted, the offeror shall confirm the discussions in writing.

Mohave will not help offeror bring its proposal up to the level of other proposals through discussions.

Mohave will not indicate to offeror a cost or price that it must meet to obtain further consideration, nor will it provide any information about other offerors’ proposals or prices.

6.8. Contract Management

A. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only in courts in the State of Arizona.

B. Application of law: The Arizona Procurement Code, the Arizona State Board of Education School District

Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule, or regulation to be included in the contract will be read and enforced as if in the contract, whether or not physically included. If any such provision is not included, or is not correctly included, contract will be amended in writing to make such inclusion or correction upon application from either party to contract.

C. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law.

D. Assignment: Contract vendor agrees that if a contract is reassigned as part of an acquisition/merger, contract vendor will notify Mohave…