IFB_25P-1118_Pre-Engineered_Fabric_Shade_Structures.docx

General Terms and Conditions and Standard Terms and Conditions for Construction Acceptance Form (Place after Tab 1c)

Invitation For Bid 25P-1118

Pre-Engineered Fabric Shade Structures

Pursuant to the provisions in the Arizona procurement rules and code, Mohave Educational Services Cooperative, Inc. (Mohave) seeks bids to establish contract(s) for Pre-Engineered Fabric Shade Structures. To view the solicitation in person, reservations need to be made in advance. Refer to the Mohave Contract Specialist’s contact information below.

Due Date and Time: Tuesday, November 18, 2025, at 3:00 p.m. (local Arizona time)

Pre-bid Conference: Tuesday, November 4, 2025, 10:00 a.m. (local Arizona time)

Last Day for Questions: Tuesday, November 11, 2025, at 5:00 p.m. (local Arizona time)

Questions may also be submitted through the OpenGov Procurement “Questions and Answers” tab (direct link provided below).

To be considered, bids shall be electronically submitted, via OpenGov Procurement, https://procurement.opengov.com/portal/mesc/projects/200661 by 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. Bids also shall be opened immediately following the bid due date and time, with the name of each bidder publicly listed and the unverified bid pricing 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.

Bidders are strongly encouraged to carefully read the entire contents of this solicitation prior to submitting a bid. Failure to examine any of the requirements will be at the bidder’s risk.

Mohave reserves the right to cancel this solicitation and/or reject all bids in whole, or in part, if Mohave determines that cancellation and/or rejection is advantageous to Mohave and/or its members.

Lari Staples, CPPO Executive Director Mohave Educational Services Cooperative, Inc.

Publish Date: October 20, 2025 Template Rev. 25-4e

IFB 25P-1118

Pre-Engineered Fabric Shade Structures

To Mohave Educational Services Cooperative, Inc.:

The undersigned hereby certifies understanding and compliance within the solicitation and any amendment(s) issued prior to the solicitation opening. Bidder further agrees to furnish materials and/or services in compliance with all specified requirements, issued amendment(s), and any accepted exceptions/deviations noted by bidder in the solicitation.

Federal Employer Identification Number

Company Name

Address City State Zip

Telephone Number

The Bid and Acceptance Form shall be submitted with a signature of the person authorized to sign the bid. The person signing the bid shall initial erasures, interlineations, or other modifications in bid. Failure to sign the Bid and Acceptance Form, or to make other notations as indicated, shall result in rejection of bid.

Signature Signature of Person Authorized to Sign Bid

Printed Name Title

Primary Email Alternate email Note: The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address.

The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave’s review noted.

Acceptance of Bid and Contract Award (Mohave Only)

Your Bid is Hereby Accepted:

As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments, and any accepted written exceptions. Your firm has been awarded all products and services, unless noted in your Notification of Award Letter.

This contract shall be referred to as Contract Number

Awarded this day of 2026.

This contract shall be effective the day of 2026.

Lari Staples, CPPO, Executive Director

Bid and Acceptance Form (Place after Tab 1a)

CONFIDENTIAL/PROPRIETARY SUBMITTALS

Any documentation marked as confidential or proprietary must be identified below. Any confidential or proprietary information NOT identified as instructed shall be deemed as non-confidential or non-proprietary.

· Pricing shall not be considered as confidential information.

· Financial information after Tab 2d shall be considered as confidential information.

· Your entire bid and any publicly known or available information shall not be considered as confidential/proprietary information.

Confidential/Proprietary Submittals (mark one):

__________ No confidential/proprietary materials have been included with this bid.

__________ Confidential/proprietary materials have been included with this bid. Bidder shall identify below any portion of their bid deemed confidential or proprietary (see General Terms and Conditions 7. Confidential Information)

Note that any documentation marked as confidential or proprietary must be identified below. Any confidential or proprietary information NOT identified as instructed shall be deemed as non- confidential or non-proprietary.

The confidential/proprietary information identified below does not guarantee that disclosure will be prevented but that the item(s) will be subject to review by the bidder and Mohave prior to any public disclosure.

Firm

Authorized Signature

Instructions to Offeror & Checklist (Place after Tab 5a)

Confidential/Proprietary Submittal Form (Place after Tab 1a)

You have received this solicitation because of information you provided on Mohave’s “online prospective bidders sign-up.” Review this document in its entirety to make sure you fully understand the products and services that we are requesting. Please do not assume a particular form, section, specification, or requirement does not, or should not, apply to you. Contact Mohave at contracts@mesc.org with questions or submit questions via OpenGov Procurement.

We have included this checklist to assist you in preparing your response. Follow each step, placing the required information in your response in the proper place. All the items listed below are required. Initial next to each item to indicate completion.

––––––––––––– Tab and Sub-tab Arrangement: ––––––––––––– Tab 1: Bid and Acceptance, Terms and Conditions, Scope of Work and Specifications Documents, Bid Bond, Bonding Capacity, Anti-Lobbying Certificate, USDA Form AD-1048 Tab 1a – The required signed Bid and Acceptance Form is placed after Tab 1a.

Failure to sign the Bid and Acceptance Form shall render bid non-responsive.

Failure to submit the original bid bond/alternate bid security may render your bid non-responsive.

Failure to complete and submit the Anti-Lobbying Certificate (Tab 1g), USDA Form AD-1048 (Tab 1h), and the EDGAR Certification (Tab 1i) shall render your bid non-responsive.

Tab 2: Primary Vendor Information

Tab 3: Pricing Information

Tab 4: Supporting Contract Documents

Tab 5: Additional Information

Instructions to Bidder and Checklist Form (Place after Tab 5a)

1. DESCRIPTION

In order to gain economies of scale, Mohave is formally soliciting sources for pre-engineered fabric shade structures as specified within this Invitation for Bid. These products/services are requested for Mohave’s statewide membership of approximately 480 public agencies. The members currently eligible to participate in any awarded contract(s) as of October 20, 2025 is included in the attachment titled, IFB 25P-1118 Current Mohave Members.pdf. However, other members may be added during the term of an awarded contract(s). Members that are added during the term of an awarded contract(s) are responsible for determining if their purchases would materially increase any volume provided in the original solicitation. A current list of all members can be found on Mohave’s website at www.mesc.org. Contracts, in whole or in part, shall be awarded to bidder, or bidders, for an initial one (1) year term and four (4) potential one-year extensions (contract modification).

The scope of work and specifications define the quality and characteristics of the desired materials and application. They are based upon specifications for known acceptable manufacturers, processes, materials, and/or brands. The specifications are not intended to be exclusive or to restrict competition. Bidders may offer alternate solutions, including alternate manufacturers, which meet the quality and performance characteristics in the specifications. Mohave shall review such bids and be the final judge on the acceptance of any alternate solutions.

· Arizona Registrar of Contractors License clarification:

· Specification 1.1.03 requires an awarded contract vendor to have and maintain a current Arizona Registrar of Contractors license and/or to utilize subcontractors with a similar license. This information was confirmed via an email with the Licensing Department of the Arizona Registrar of Contractors. Bidders shall provide evidence that they have a current A- General Engineering, B-1 General Commercial Contractor, B-2 General Small Commercial Contractor, C-3/CR-3 Awnings, Canopies, Carports and Patio Covers, or CR-5 Restricted by Registrar (to allow installations of fabric shade structures) license from the Arizona Registrar of Contractors. Provide a copy of the Arizona Registrar of Contractors license held after Tab 2b. For those bidders submitting under a CR-5 license, provide proof that the restricted license allows installations of fabric shade structures.

· Bidders that are in the process of applying for a contractor’s license, shall provide in Tab 2b a copy of the Arizona Registrar of Contractors application receipt with pending number included. An awarded contract will be contingent on successful award of an identified Arizona Registrar of Contractors License.

· Leasing services are not requested and shall not be allowed under an awarded contract.

Six (6) contract vendors hold Mohave’s current contracts for the specified products and services. Activity under the contracts from March 10, 2021, including year to date activity (as of the publication date of this IFB) is $22,610,678. This information is provided as an aid to bidders in preparing bids only. The historical activity amount provided is not representative of a stated budgetary spend, maximum/minimum allowable spend, and is not to be considered a guarantee of volume under an awarded contract. The discount and pricing schedule shall apply regardless of the volume of business under the contract.

2. ESTIMATED TIMELINE OF EVENTS

Mohave has developed the following estimated timeline of events related to this formal solicitation. All dates are subject to change at the sole discretion of Mohave.

Pre-bid Conference Held (non-mandatory) Tuesday, November 4, 2025, at 10:00 a.m. (local AZ time) Pre-bid conference will be held using teleconferencing. Please contact Mohave for reservation details.

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

NOTE: Notification will be sent by email to all awardee(s) and non awardee(s) on or before this date.

3. SUBMISSION OF BIDS

3.1. Bids 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 submittal content.

3.2. The bidder must submit a bid following information detailed in the Instructions to Bidder and Checklist Form.

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

4. 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.

5. AWARD CRITERIA

Award(s) shall be made to the lowest responsive and responsible bidder(s) whose bid(s) conform in all material respects to the requirements and evaluation criteria below:

1) Pricing Information: Excel pricing workbook uploaded to OpenGov Procurement. Completed pricing workbook, price schedules, additional requested price information, volume discount information, quick pay discount information, Pcard/credit card acceptance information, mobilization, travel description and bond methodology, extended warranty, or maintenance service plan information;

2) Bid and Acceptance, Terms and Conditions, Scope of Work and Specification Documents, Bid Bond, Bonding Capacity: Bid and Acceptance Form, Confidential/Proprietary Submittal Form, amendments (if any), General and Special Terms and Conditions Acceptance Forms, Standard Terms and Conditions for Construction Acceptance Form, Scope of Work, Specifications with exceptions/deviations noted, Scope of Work and Specifications Acceptance Form, original bid bond/alternate bid security, current single job and aggregate bonding capacity information, Anti-Lobbying Certificate Form, U.S. Department of Agriculture Form AD-1048, and EDGAR Certification;

3) Primary Vendor Information: Complete response to the Method of Approach and Qualification and Experience pages, evidence of current Arizona contractor’s license, references (past performance information), certificate of insurance, financial information, manufacturer specifications confirming International Building Code wind gust compliance, and confirming that sealed drawings meet the minimal International Building Code requirements;

4) Supporting Contract Documents: Completed supporting contract documents, support and maintenance information, sample supplemental or end-user agreements, extended warranty, or maintenance service plan information;

5) Additional Information: Instructions to Bidder and Checklist Form, descriptive literature, slicks and any other supporting documents, and additional information.

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 Arizona Executive Orders (A.E.O.): https://azgovernor.gov/executive-orders Arizona Revised Statutes (A.R.S.): https://www.azleg.gov/arstitle/ Code of Federal Regulations (CFR): https://www.ecfr.gov/ Davis-Bacon: 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 - 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/

Additional references and definitions used for specifications: (acronyms used in the solicitation are noted in bold font below):

Advancing Standards Transforming Markets International (ASTM): www.astm.org American Concrete Institute (ACI): www.concrete.org American National Standards Institute (ANSI): https://www.ansi.org/ American Welding Society (AWS): www.aws.org Americans with Disabilities Act (ADA): https://www.ada.gov/ Consumer Product Safety Commission (CPSC): https://www.cpsc.gov/ International Building Code / International Code Council (IBC): https://codes.iccsafe.org/content/IBC2024V1.0 International Organization for Standardization (ISO): https://www.iso.org/home.html National Fire Protection Association (NFPA): www.nfpa.org

[Type text]

Scope of Work (Place after Tab 1e)

U.S. Green Building Council (LEED): https://www.usgbc.org/

SPECIFICATIONS

Purpose of specifications: Specifications are designed to enable bidder to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If bidder believes a specification is unnecessarily restrictive, bidder must notify Mohave prior to specified bid due date and time.

Partial bids: Mohave may consider partial bids for award of a contract.

Use of brand names: Brand names, trade names, model numbers, and/or catalog numbers may be used to describe the standard of quality, performance, and other characteristics needed to meet member requirements. Use of the name of a manufacturer, brand, make, or catalog number is not intended to limit or restrict competition, nor does it restrict bidder from the submission of equivalent brands. However, Mohave reserves the right to decide whether alternatives are equivalent to the materials and/or equipment described in the solicitation. Mohave shall be the sole judge of equivalent quality, and Mohave’s decision shall be final.

Compliance with specifications: Bidders shall offer products, materials, processes, or services they believe meet the specifications. The fact that a manufacturer, supplier, or bidder chooses not to produce or provide product, material, process, or services to meet the specifications shall not be considered sufficient cause to adjudge the specifications as restrictive.

Exceptions/Deviations from specifications: Bidders will respond to each numbered specification by checking the appropriate “Comply” or “Exception/Deviation*” box. “No Bid” items shall be marked as such in the appropriate “Exception/Deviation*” box. Your exceptions/deviations must be clearly explained. Reference the specification that you are taking exceptions/deviations to detail any proposed substitute language and clearly explain how the exceptions/deviations meet or exceed specifications. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohave’s decision shall be final. Details for exceptions/deviations shall be listed by specification number on the Scope of Work and Specifications Acceptance Form.

Specifications

1.1 General Specifications

1.1.01 Contract vendor shall provide custom and standard pre-engineered shade structure(s) as requested by member.

1.1.02 Contract vendor may offer repair, emergency repair, installation, and temporary pre-engineered fabric shade structure services.

1.1.03 Contract vendor shall have a current and maintain through the life of an awarded contract one of the following Arizona Registrar of Contractors licenses: Arizona contractor’s A – General Engineering, B-1 General Commercial Contractor, B-2 General Small Commercial Contractor, C-3/CR-3 Awnings, Canopies, Carports and Patio Covers, or CR-5 Restricted by Registrar (to allow installations of fabric shade structures) and/or to utilize subcontractors with a similar license from the Arizona Registrar of Contractors. Provide a copy(ies) of Arizona Registrar of Contractors license(s) after Tab 2b (See Primary Vendor Information – Qualifications and Experience, Question 6). For those bidders submitting under a CR-5 license, provide proof that the restricted license allows for installation of fabric shade structures. (See Primary Vendor Information- Qualifications and Experience, Question 6).

Specifications

1.1 General Specifications (Cont’d.)

1.1.04 Bidders that are in the license application process shall provide evidence of application. An awarded contract will be contingent on a successful award of one of the following licenses: A-General Engineering, B-1 General Commercial Contractor, B-2 General Small Commercial Contractor, C-3/CR-3 Awnings, Canopies, Carports and Patio Covers, or CR-5 Restricted by Registrar (to allow installations of fabric shade structures) license. Provide a copy of the Arizona Registrar of Contractors application receipt with pending number after Tab 2b (See Primary Vendor Information – Qualifications and Experience, Question 6).

1.1.05 Contract vendor may offer services specific to the scope of work and specifications, that can include, but not be limited to: consulting, design, and engineering. Pricing for these services shall be included in the pricing workbook. Services provided at “No Charge” should be provided in (Tab 2a, Question #1e) Value-added Services.

1.1.06 Contract vendor shall obtain all permits required for a pre-engineered fabric shade structure project. Contract vendor is allowed to pass-thru permit costs (at actual cost) to member.

1.1.07 Contract vendor shall accomplish all work in accordance with the material and/or equipment manufacturer’s instructions and all current applicable federal, state, and local laws and codes.

1.1.08 All products, equipment, materials, and safety surfaces shall comply with all current applicable ADA, ANSI, ASTM, CPSC, FSC, IBC, ISO, and LEED standards.

1.1.09 Contract vendor shall ensure all work areas that pose a safety hazard are properly identified and secured at all times.

1.1.010 All materials furnished under the contract shall be of the latest design, from known manufacturers of the materials, and free from defect.

1.1.011 Sealed engineered drawings shall be approved by member prior to starting any work and provided to member once the project is complete.

1.1.012 In addition to all changes and corrections, record drawings shall include the actual location of all sub-surface utility lines, and any overhead obstructions, as applicable.

1.1.013 Contract vendor’s personnel may be permitted to use toilet facilities on the premises subject to approval from member. In the event none are available, contract vendor shall, at their expense, provide portable facilities.

1.1.014 Contract vendor shall coordinate with member to be granted access to any required areas during the course of the project.

1.1.015 Contract vendor’s personnel, equipment, materials, and tools shall be confined to the project area so as not to interfere with member.

1.1.016 Contract vendor shall not build upon or conceal unsuitable or defective substrates or mounting areas. Contract vendor will stop the project and notify member of unsuitable or defective substrates or mounting areas.

1.1.017 When any aspect of a project is not covered by a specification, building code or standard, the minimum standard for good and workmanlike construction shall be established. Minimum standard shall include usage, procedures, and acceptable industry practices prevailing in the United States.

Specifications

Deviation*

1.1 General Specifications (Cont’d.)

1.1.018 Contract vendor, where practicable, shall accomplish the project in a manner to match adjacent shade structure work in the same area or same elevation. Contract vendor will not adjust or alter in any manner member’s existing shade structure without prior written approval from member.

1.1.019 Contract vendor shall provide standard and custom pre-engineered fabric shade structures in a variety of forms and shapes including, but not limited to: circle, flower, hexagon, rectangle, octagon, square, and triangle.

1.1.020 Shade structures shall meet all current applicable federal, state, and local codes and standards.

1.1.021 Shade structures shall be engineered to withstand minimum wind loads per current applicable IBC and/or local building codes, whichever is greater. Specific questions pertaining to compliance with wind load and engineering documentation requirements are found in Qualifications and Experience, Question 7.

1.1.022 Shade structures and structure components shall be treated to prevent corrosion and be warrantied against structural failure.

1.1.023 Contract vendor shall ensure shade is securely fastened to the ground or other appropriate structure. Contract vendor shall bolt or embed the structure’s steel components in reinforced concrete footings.

1.1.024 Certified welders shall complete shop and field welding in accordance with current applicable AWS standards and local codes.

1.1.025 Leasing is not requested in this solicitation.

1.2 Fabric Specifications

1.2.01 Fabric canopies shall be available in a variety of colors, patterns, and designs.

1.2.02 Fabric shall meet the current applicable ASTM and NFPA fire resistance standards.

1.2.03 Fabric material shall be constructed using a knitting process with ultraviolet (UV) stabilizer thread. Fabric shall be resistant to runs and tears; and mildew and fade resistant. Fabric shall not crack in temperatures as low as -20ºF.

1.2.04 Fabric materials and colors shall have, as a minimum, a UV protection factor of 70%. Fabric material shall allow for a temperature reduction of 15%. Fabric weave shall be porous to allow for escape of hot air and be water repellent.

1.2.05 Evidence from a licensed testing facility that shade fabric has met specifications including, but not limited to: UV protection, density, stretch and effects of aging shall be provided to member upon request.

1.3 Steel Structure Specifications

1.3.01 Contract vendor shall provide steel structures in various designs dependent upon site and member need.

1.3.02 Steel structures shall be available in a variety of sizes and in various combinations, ranging from, but not limited to: 8’ x 8’ up to 64’ x 64’.

1.3.03 Steel structures shall be available in various entry heights ranging from, but not limited to: 7’ up to 18’.

1.3.04 Structures manufactured with rolled steel, cold-formed, or seamless steel tubing shall meet or exceed current applicable ASTM Standards.

1.3.05 Hardware used to mount structure to footings shall meet current applicable ASTM Standards.

Specifications

1.3 Steel Structure Specifications (Cont’d.)

1.3.06 Tension cables shall be galvanized steel 7 strand / 19 wire. Diameter of cable used shall be dependent upon load specification and range from ¼” to ½”.

1.3.07 All steel components shall be powder coated with an outdoor UV inhibited, weather resistant polyester powder 3.0 mils or thicker.

1.3.08 Shade structures and structure components shall be treated to prevent corrosion and be warrantied. Industry standard warranties are: a minimum of twenty (20) years for steel components against structural failure, and fifteen (15) years for fabric components.

1.4 Concrete Footing Specifications

1.4.01 Concrete shall meet current applicable ACI standards.

1.4.02 Concrete footings shall be reinforced with rebar. Footings with bolt-down hardware are preferred.

1.4.03 Concrete footings shall be designed and constructed to meet soil conditions, structure span, structural load, height, and current applicable building codes.

1.4.04 Ancillary concrete work for sidewalks, pads, or other forms shall not be allowed under this contract.

1.5 Installation Specifications

1.5.01 Contract vendor shall provide labor, materials, tools, and equipment to install pre-engineered shade structures to include, but not be limited to: steel frame and support columns, fabric shade canopy(ies), fasteners and hardware, concrete foundations, or footings.

1.5.02 Contract vendor shall ensure installation(s) comply with ASCE, AISC, ASTM, IBC and local building codes, including wind and snow load requirements.

1.6 Inspection and Repair Specifications

1.6.01 Contract vendor shall provide all labor, materials, tools and equipment required to inspect, assess, and repair components of pre-engineered fabric shade structures, including but not limited to: steel framing (columns, beams, rafters), fabric membrane, hardware and tensioning systems, anchors and footings, and protective coatings and finishes.

1.6.02 Replacement of products are requested in this solicitation.

*Exceptions/deviations must be listed on the Scope of Work and Specifications Acceptance Form. List the specification number for each exception/deviation.

Specifications

Signature on page 2 certifies complete acceptance of the Scope of Work and Specifications in this solicitation, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the Scope of Work and Specifications:

We take no exceptions/deviations to the Scope of Work and Specifications.

(Note: If nothing is listed below, it is understood that no exceptions/deviations are taken.)

We take the following exceptions/deviations to the Scope of Work and Specifications. All exceptions/deviations shall be clearly explained. Reference the corresponding Scope of Work or Specifications that you are taking exceptions/deviations to. Provide details on your exceptions/deviations below:

(Note: All requested exceptions/deviations must be clearly explained. Reference the specific language that you are taking exceptions/deviations to detail any proposed substitute language, and clearly explain how the exceptions/deviations meet or exceed Scope of Work and Specifications. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohave’s decision shall be final.)

Scope of Work and Specifications Acceptance Form

ANTI-LOBBYING CERTIFICATION

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions In accordance with the Byrd Anti-Lobbying Amendment 31 U.S. Code § 1352, 2 CFR § 200.450 and Federal Acquisition Regulation 52.203-11:

(A) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(B) The offeror, by signing its offer, hereby certifies to the best of his/her knowledge and belief that:

(1) No Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer in accordance with its instructions; and

(3) The undersigned shall require that the language of this certification be included in the award documents for all subcontract awards at all tiers and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(C) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S. Code § 1352. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(Firm Name)

(Signature)

(Print Name)

(Print Title)

(Date Certified)

Anti-Lobbying Certification Form (Place after Tab 1g)

UNITED STATES DEPARTMENT OF AGRICULTURE

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.355, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal, civil, fraud, privacy, and other statutes may be applicable to the information provided.

(Read Instructions on Page Two (RFP Page 18) Before Completing Certification)

A. The prospective lower tier participant certifies, by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency;

B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

Organization Name PR/Award Number or Project Name

Name(s) and Title(s) of Authorized Representative(s)

Signature(s) Date

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720 -2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint (https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442

Instructions for Certification (for Form AD-1048)

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 (IFB page 17) in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person(s) to which this bid is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "bid," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this bid is being submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

U.S. Department of Agriculture Form AD-1048 (Place after Tab 1h)

EDGAR CERTIFICATION

The following certifications and provisions are required and apply when a Mohave Educational Services Cooperative, Inc.’s (Mohave) member expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to an awarded Mohave contract in all situations where the contract vendor has been paid or will be paid with federal funds:

A. Contract Vendor Violation or Breach of Contract. Mohave reserves all administrative, contractual, and legal rights and privileges under the applicable laws and regulations with respect to this procurement in the event of contract vendor violation or breach of contract terms.

B. Termination Clause. 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, as specified in General Terms and Conditions, Section 3. Appendix II to 2 CFR Part 200. (Only applies to contracts over $10,000) C. Equal Employment Opportunity. The contract vendor shall comply with the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapters 60 EO 11246 & EO 11375 Amended): https://www.federalregister.gov/documents/2014/07/23/2014-17522/further-amendments-to-executive-order-11478-equal-employment-opportunity-in-the-federal-government) D. Copeland Anti-Kickback Act and Davis-Bacon Act. For building projects in excess of $2,000:

a. Copeland “Anti-Kickback” Act – All contracts and sub grants for construction or repair awarded by recipients and sub recipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act.

b. Davis-Bacon Act – The contract vendor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a - 7) as supplemented by Department of Labor regulations (29 CFR Part 5).

E. Contract Work Hours and Safety Standards Act. The contract vendor shall comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), as supplemented by Department of Labor regulations (29 CFR Part 5). (Only applies to contracts over $100,000) F. Rights to Inventions Made Under a Contract or Agreement. For all contracts that meet the definition of “funding agreement” and where Mohave or the member wishes to enter into a contract with a small business firm or nonprofit organization, contract vendor shall comply with the Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements. (CFR Title 37, Chapter 4, Part 401) G. Clean Air Act, Clean Water Act, and Environmental Protection Agency Regulation. The contract vendor will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency regulations which prohibit the use, under nonexempt federal contracts, grants or loans to facilities included on the EPA List of Violating Facilities.

H. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing the Bid/Offer and Acceptance Form, the contract vendor certifies that they have not been debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 (2/18/1986) and 12689 (8/15/1989, references EO 12549). The contract vendor shall comply with regulations implementing Office of Management and Budget Guidance in Non-procurement Debarment and Suspension codified at 2 CFR Part 180 (180.300, 180.355) and 2 CFR Part 417. These regulations restrict transactions with certain parties that are debarred, suspended, or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities. (Only applies to contracts over $25,000) I. Disclosure of Lobbying Activities. Pursuant to Byrd Anti-Lobbying Amendment 31 U.S.C. 1352, the contract vendor must disclose lobbying activities in connection with school nutrition programs.