M20-0083_RFQ_Firefighter_Turn_Out_Gear_and_Accessories_-_Fully_Exectued..pdf

STA TE OF AR IZONA

DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

Phoenix, Arizona 85008-3495

Telephone: 602.267.2699 Fax: 602.267.2576

MG MICHAEL T. MCGUIRE

THE ADJUTANT GENERAL

REQUEST FOR QUOTATION: APP #BPM002958/M20-0083

QUOTATION DUE DATE: 3:00 P.M. (AZ TIME), September 29, 2020

In accordance with the Arizona Procurement Code, A.R.S. §41-2535, Procurements not exceeding $100,000.00 for the material or service specified will be received through Arizona Procurement Portal (APP), by the Department of Emergency and Military Affairs, Purchasing and Contracting Office (State), until the date and time cited.

In Accordance with ARS §41-2535 (B), This Procurement is Restricted to Small Business

MATERIAL OR SERVICE: Firefighter Turn out Gear and Accessories, located at Camp Navajo 1

Hughes Avenue, Bellemont, AZ, 86015. Please refer to the attachment labeled “Scope of Work” in APP.

SUBMITTALS: Quotes must be submitted electronically within the State’s e-Procurement system, APP (https://app.az.gov) before the date/time listed in the ‘QUOTE OPENING DATE’ field. Late submittals will not be considered. Offers received by the due date and time will be electronically opened. Quotes submitted outside of APP, or those that are received after the due date and time shall be rejected.

Offerors shall copy and save APP attachments to their own computer, save the information entered, and submit the completed information as a new, appropriately renamed Attachment in APP. APP will not save information entered directly on the attachments.

Additional information regarding submittal instructions is located within this document in the following sections: Special Instructions to Offerors and Uniform Instructions to Offerors.

People with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility by contacting the Procurement Officer. Requests for special accommodations must be made with 72 hours prior notice to the Department of Emergency and Military Affairs Procurement/Contracting Office.

FOR QUESTIONS REGARDING THE SOLICITATION PACKAGE AND THE SCOPE OF

WORK/SPECIFICATIONS: Submit questions in writing via the “Q&A” tab in APP.

CONTRACT TYPE: FIRM, FIXED PRICE CONTRACT TERM: Annual Requirement with Options for Renewal

PROCUREMENT OFFICER: Brenda Prevost TELEPHONE: (602) 267-2699

OFFERORS ARE STRONGLY ENCOURAGED TO READ CAREFULLY THE ENTIRE

SOLICITATION.

Karen D. Ingram

As Chief Procurement Officer and Not Personally

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

Table of Contents

Page Special Instructions to Offerors Uniform Instructions to Offerors – https://spo.az.gov/sites/default/files/documents/files/Uniform%20Instructions%20to%20Offerors%20 %28rev%209-2014%29.pdf

Special Terms and Conditions ......................................................................................... X Uniform Terms and Conditions https://spo.az.gov/sites/default/files/documents/files/Uniform%20Terms%20and%20Conditions%20 V9_%28Rev%207-1-2013%29.pdf

Scope of Work/Specifications – Attached separately and labeled accordingly

Attachments Offer and Acceptance Designation of Confidential, Trade Secret & Proprietary Information Subcontractors and Materials Supplies List Certificate of Corporate Authority Participation in Boycott of Israel

The documents and forms listed above in boldface type must be completed and returned by the Offeror. Other documents may be required. Offeror should carefully review all sections of the Request for Quote.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

SPECIAL INSTRUCTIONS TO OFFERORS

1. SPECIAL INSTRUCTIONS TO OFFERORS

1.1. The State of Arizona's Uniform Instructions to Offerors are hereby incorporated by reference as if fully set forth herein and attached separately within the APP solicitation. This document may be accessed through the ADOA State Procurement Office Web Site:

https://spo.az.gov/sites/default/files/documents/files/Uniform%20Instructions%20to%20O fferors%20%28rev%209-2014%29.pdf

1.2. PREPERATION/SUBMISSION OF THE QUOTATION

1.2.1. Scope of Work

1.2.1.1. The intent of this solicitation is to allow the Arizona Department of

Emergency and Military Affairs to enter into a contract(s) for the procurement of the following specified products/services, as specified herein, at a fixed price. for a twelve (12) month period.

1.2.1.2. The Scope of Work is hereby incorporated and attached separately within the

APP Solicitation.

1.2.2. Offer Submission, Due Date and Time

Offers in response to this solicitation shall be submitted within the State's eProcurement system, APP (https://appstate.az.gov). Bid prices shall be submitted electronically through

APP. Offers shall be received before the date/time listed in the solicitation's ‘Bid Opening

Date’ field. Offers submitted outside APP, or those that are received on or after the date/time stated in the 'Bid opening date' field, shall be rejected. Questions in about APP shall be directed to the Procurement Officer or to the APP Help Desk (procure@azdoa.gov or 602-

542-7600).

To submit an Offer, Offerors must register in the APP system. Offerors requiring assistance in the registration process or in navigating the APP system may contact the Help Desk at

602-542-7600.

1.2.3. Electronic Documents

The Solicitation document is provided in an electronic format. Any unidentified alteration or modification to any Solicitation documents, to any Attachments, Exhibits, Forms, Charts or Illustrations contained herein shall be null and void. In those instances where modifications are identified, the original document published by the State shall take precedence. As provided in the Uniform Instructions, Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.2.4. Acceptable Formats

Offer electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and

.pptx (Microsoft PowerPoint) and .pdf (Adobe Acrobat). Offerors wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.

1.2.5. Questions, Clarifications or Interpretations

Any doubt as to the requirements of the Solicitation or any apparent omissions or discrepancies shall be presented in writing through APP. The Department shall determine the appropriate action necessary, if any, and issue a solicitation amendment to the

Solicitation through APP.

1.2.6. Acknowledgement of Solicitation Amendments

All Solicitation Amendments shall be acknowledged electronically, through APP, prior to the Offer due date and time. Failure to acknowledge all Solicitation Amendments may result in rejection of the Offer.

1.2.7. Confidential Information

If a person believes that any portion of a proposal, bid, offer, specification, protest, or correspondence contains information that should be withheld, then the Procurement Officer shall be so advised in writing (Price is not confidential and will not be withheld). Such material shall be clearly identified within the Offer as confidential whenever it appears. The

State, pursuant to A.R.S. §41-2533(D) or A.R.S. §41-2534(D) shall review all requests for confidentiality and provide a written determination. If the confidential request is denied, such information shall be disclosed as public information, unless the person utilizes the

“Protest” provision noted in §41-2611 through §41-2616.

1.2.8. Brand Name (or Equal)

Reference made to items, identified by trade name, is intended to show kind and quality of products desired and is not intended to be restrictive or limit competition. The use of brand names or manufacturer’s catalog references shall be constructed as quality level, method and type of performance and does not indicate that item cited is mandatory. Products substantially equivalent to those designated shall qualify for consideration.

1.2.9. Descriptive Literature

1.2.9.1. Vendor shall identify items, with manufacturer’s name and catalog/model number. In addition, vendor shall furnish descriptive literature, including technical specifications of items other than specified and must identify any variances to facilitate comparison of bids.

1.2.9.2. Failure to submit descriptive literature or to identify any variances may result in bid disqualification.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.2.10. References

Upon request, the bidder shall furnish no less than three (3) firm/company names, contact names, e-mail address and telephone numbers of customers for whom he has provided the same type service specified in this solicitation. All references provided must be for work performed within the last three (3) calendar years.

1.2.11. Offer and Acceptance

Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance Form shall be signed with an original signature by the person signing the Offer, and shall be submitted electronically with the submitted quotation no later than the Offer due date and time.

Failure to return an Offer and Acceptance Form may result in rejection of the Offer.

1.2.12. Contract Payment Terms

Offerors must indicate the prompt payment terms that they will offer to the State (for example: 2/10 Net 30; 2/15 Net 30, etc.)

1.2.12.1. At a minimum, Offeror's payment terms shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days.

1.2.12.2. Payment Terms: Net Days/Or Invoices herein can be discounted by

% if payment is made within Days of Invoice

Receipt.

1.2.13. Prompt Payment Discounts

1.2.13.1. Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date

Department’s warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice.

The Department shall be entitled to take advantage of any payment discount offered by Contractor provided payment is made within the discount period

1.2.14. Delivery

1.2.14.1. As delivery will be an important consideration in awarding this bid, vendor shall indicate his best delivery time below:

1.2.14.2. Delivery time: days after receipt of (ARO) Purchase Order.

1.2.15. Shipping Terms

Vendor is requested to submit their best price, F.O.B. Destination, freight prepaid, to the previously cited location(s).

Reference Special Terms and Conditions for additional shipping information and requirements.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.2.16. Invoicing and Payment

All billing notices or invoices shall be sent to the Department whose address appears on the contract release/purchase order as the “bill to” address and should contain at a minimum the following information:

1.2.16.1. Both the contract number and contract release/purchase order number;

1.2.16.2. Name and address of the contractor;

1.2.16.3. The contractors federal identification number;

1.2.16.4. The contractors remittance address;

1.2.16.5. Contractor’s representative to contact concerning billing questions;

1.2.16.6. A description of the goods or services provided;

1.2.16.7. Date of Service;

1.2.16.8. Itemized (if applicable) and total invoice pricing;

1.2.16.9. Applicable taxes

1.2.16.10. Payment(s) shall not be construed to be an acceptance of defective work.

1.2.16.11. Delivery of product shall not constitute acceptance.

1.2.17. Attachments

Submit concurrently with the submittal of the quotation electronically in APP. Failure to submit Attachments may deem your quote non-responsive.

1.3. PRICING

1.3.1. Submissions (bids) failing to comply with the pricing requirement(s) may be determined non-responsive.

1.3.2. Unit Prices shall be submitted in the “Items Tab” in APP and shall be all inclusive as applicable to include:

1.3.2.1. Cost of materials, including cost of delivery;

1.3.2.2. Labor and costs associated thereto;

1.3.2.3. Rental costs of equipment and machinery;

1.3.2.4. Insurance and bond premiums;

1.3.2.5. Overhead and profit.

1.3.2.6. Inspections and testing

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.3.3. Annual Contract Delivery Requirements

1.3.3.1. The Department of Emergency and Military Affairs will be purchasing, as needed, quantities of the requested materials during the contract period. The vendor shall take this into consideration and provide below the minimum quantities of assorted items and/or minimum quantities of one item for freight prepaid delivery or provide the dollar amount required to qualify for pre-paid delivery.

1.3.3.2. Amount for Pre-Paid Delivery $ _____________

1.3.4. Annual Estimated Quantities

1.3.4.1. The Department anticipates considerable activity resulting from contract(s) that will be awarded as a result of this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential contractor.

1.3.5. Taxes

The State of Arizona is subject to all applicable state and local transaction privilege taxes and is not exempt from Federal Excise Tax, including the Federal Transportation Tax. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

1.3.5.1. Taxes shall be submitted in the “Items Tab” in APP. All applicable state and local transaction privilege taxes are to be listed separately for the base and alternate prices on the named line indicated in APP.

1.4. EVALUATION

1.4.1. Evaluation

This contract shall be awarded to the lowest, responsive, responsible vendor meeting the minimum specifications and requirements set for in this solicitation, including criteria to determine acceptability such as workmanship, proper licensing, delivery, and suitability for the specified purpose.

1.4.2. Small Business Restriction

In accordance with A.R.S §41-2535 this purchase is restricted to small businesses. The bidder must certify on the Offer and Acceptance (Form 203) its status as a small business.

1.4.2.1. As defined by A.A.C. R2-7-101(46), a small business is for-profit or not-for-profit organization, including its affiliates, with fewer than 100 full-time employees or gross annual receipts of less than $4 million for the last complete fiscal year.

1.4.2.2. Notwithstanding the State's intent to award to a small business, the State reserves the right to determine that restricting the procurement to small businesses is not practical under the circumstances.

1.4.2.3. The Request for Quotation shall only be awarded to a Small Business, as defined in R2-7-101, unless any of the following apply:

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.4.2.3.1. The purchase has been unsuccessfully competed under

Subsection (B) of this Section (R2-7-D302, Request for

Quotation), including failure to obtain fair and reasonable prices;

1.4.2.3.2. The Agency Chief Procurement Officer has made a written determination that less than three small businesses are registered on the prospective suppliers list; or

1.4.2.3.3. The Agency Chief Procurement Officer has made a written determination prior to issuing a request for quotation that restricting the procurement to small business is not practical under the circumstances.

1.4.3. Award

1.4.3.1. It is the intention of the Department of Emergency and Military Affairs to award a single contract for all of the proposed work.

1.4.4. Multiple Awards

1.4.4.1. In order to assure that any ensuing contracts will allow the agency to fulfill current and future requirements, the agency reserves the right to award contracts to multiple companies. The actual utilization of any contract will be at the sole discretion of the agency. The fact that the agency may make multiple awards should be taken into consideration by each potential contractor.

1.4.5. Financial Stability

The Bidder must be financially stable and able to substantiate the financial stability of its company. If requested, current financial statements or other financial information deemed appropriate must be provided within five (5) business days of request. The State reserves the right to request additional documentation from the Offeror and to request reports on financial stability from independent financial rating services. The State reserves the right to reject any Bidder who does not demonstrate financial stability sufficient for the scope of this contract.

1.4.6. Clarifications

Clarification shall mean written and/or oral communication(s) with the Bidder/Offeror to include demonstrations, questions and answers, etc., in order to eliminate minor informalities or correct nonjudgmental mistakes in a bid or proposal. Clarification does not otherwise afford the Bidder/Offeror the subsequent opportunity to alter/change its bid or proposal.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.4.7. Contract Implementation Meetings

Upon award, the contractor may be required to participate in meetings for the successful implementation of the contract. Meetings (if any) will be at the discretion of the State. The contractor will be notified in advance of any meeting's time, frequency for future meetings

(if any), and locations to ensure all appropriate State's and Contractor's staff and representatives attend. The State reserves the right to decline conference call attendance or participation.

1.4.8. Contract Award

The State intends to award a firm fixed price contract resulting from this solicitation to the responsible Offeror(s) whose bid represents the best value after evaluation in accordance with the factors and sub factors identified in the solicitation. The State may reject any or all bids if such action is in the State's best interest. The State may waive informalities and minor irregularities on bids received. The State reserves the right to make an award on any item for any quantity less than or more than the quantity offered, at the unit costs or prices offered.

The Offeror(s) shall consider a decrease in price based on volume discount.

1.5. After Award of Contract

Substitutions will not be considered except when the originally approved materials or equipment is no longer available. The Purchasing Officer Representative (POR) may consider a formal request for substitution under the following conditions:

1.5.1. The request is accompanied by complete data on the proposed substitution which confirms compliance with the Contractual documents to include: Product

Identification and Description, Performance/Test Data, References and Samples

(when applicable). An itemized comparison of the proposed substitution must be submitted and include the products specified or named by Addenda with all data relating to Contract time schedule, design and artistic effect.

1.5.2. The request is accompanied by accurate and complete cost data of the proposed substitution compared with the original product specified -- whether or not modification of the Contract sum is to be a consideration.

1.5.3. When forwarded by the Contractor to the POR, requests for substitution are understood to mean that the Contractor:

1.5.3.1. Represents that he has thoroughly and personally investigated the proposed substitute product and then determined that the proposed substitution is equal to or better than the items originally specified;

1.5.3.2. Will provide the same guarantee for the substituted item that he would for that specified;

1.5.3.3. Certifies that the cost data presented is complete, accurate and includes all related costs under this Contract, but excludes costs under separate contracts, and that he waives all claims for additional costs related to the substitution which subsequently becomes apparent; and

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

1.5.3.4. Will coordinate the installation of the accepted substitute and make changes as required for the work to be completed in all respects.

1.5.3.4.1.Substitutions will not be considered if:

1.5.3.4.1.1. Implementation requires a substantial revision of the

Contract Documents in order to accommodate usage.

1.5.3.4.1.2. They are indicated or implied on shop drawing

submissions without a prior approved formal request.

1.5.3.5.Specified material has been clearly reviewed and approved. Contractor shall guarantee that the material meets all requirements of the Specifications and

Drawings.

1.5.3.5.1. The POR may require the Contractor remove from the site, material or equipment not specified. The POR may also require the Contractor to substitute satisfactory materials or equipment without delay at no added cost to the Owner. Work damaged by the change shall be the responsibility of the

Contractor.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2. SPECIAL TERMS AND CONDITIONS

2.1. The State of Arizona's Uniform Terms and Conditions are hereby incorporated by reference as if fully set forth herein and attached separately within the APP solicitation. This document may be accessed through the ADOA State Procurement Office Web Site:

https://spo.az.gov/sites/default/files/documents/files/Uniform%20Terms%20and%20Conditions%

20V9_%28Rev%207-1-2013%29.pdf

2.2. CONTRACT APPLICABILITY

2.2.1. Purpose

Pursuant to the provisions of the Arizona Procurement code, A.R.S. §41-2501, et. seq., the

State of Arizona, Department of Emergency and Military Affairs intends to contract for the supplies, services or construction listed herein. The contractor shall comply with all the requirements found within the contract and solicitation as amended. All previous agreements, contracts, or other documents, which have been executed between the

Contractor and the Department, are not applicable to this solicitation or resultant contract.

2.2.2. Authority to Contract

This Contract activity is issued under the authority of the Arizona Department of Emergency and Military Affairs, Chief Procurement Officer. No alteration of any portion of the

Contract, any items or services awarded, or any other agreement that is based upon this

Contract may be made without express written approval of the Department in the form of an official Contract amendment. Any attempt to alter any documents on the part of the ordering agency or any Contractor is a violation of the Contract and the Arizona Procurement Code.

Any such action is subject to legal and Contractual remedies available to the State inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

2.2.3. Documents for Award

The Department will not sign any agreements or any other documents presented for the services listed herein. The completed Offer and Acceptance form signed by the Chief

Procurement Officer and the award notice will be the Contract.

2.2.4. Eligible Agencies

Any contract resulting from this solicitation shall be for the exclusive use of the Arizona

Department of Emergency and Military Affairs.

2.2.5. Estimated Quantities

The Department anticipates considerable activity resulting from contract(s) that will be awarded as a result of this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential contractor.

2.3. CONTRACT ADMINISTRATION

2.3.1. The term of any resultant contract should commence on the date of award and shall continue for a period of one (1) year thereafter, unless terminated, canceled or extended, as otherwise provided herein.

DEMA Procurement Office, Building #M5800

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2.3.2. This contract is expected to commence with the expiration of the current contract, in effect through January 20, 2021.

2.3.3. Delivery Acceptance

Delivery shall be accomplished between the hours of 8:00 a.m. to 3:00 p.m., Monday through

Friday only, except holidays.

2.3.4. Amendments

Any change in the Contract, including but not limited to the Statement of Work described herein, whether by modification or supplementation, must be accomplished by a formal contract amendment or change order approved by and between the duly authorized representatives of the Contractor and the Department of Emergency and Military Affairs

Procurement Office.

2.3.4.1.The Contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment to the contract.

2.3.5. Contract Changes

The State reserves the right to modify this contract as circumstances may require without penalty to fulfill the needs of the State. The Contractor shall be notified prior to any changes in the contract and this contract may only be modified by a written amendment signed individually by an agent from both parties who are authorized to enter into contracts on behalf of the State of Arizona and the Contractor.

2.3.6. Shipping

Prices shall be F.O.B Destination, freight prepaid to any delivery location in the State of

Arizona, delivered to the specific receiving point as required by the ordering entity at the time of order. Contractor shall retain title and control of all goods until they are delivered, received and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. The ordering entity shall notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

2.3.7. Appropriation of Funds

Every payment obligation of the Agency under this Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and neither the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

DEMA Procurement Office, Building #M5800

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2.3.8. Subcontractor

The Contractor shall not enter into any Subcontract under this Contract for the performances of this contract without the advance written approval of the Procurement Officer. The

Contractor shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities. The Subcontractor shall incorporate by reference the terms and conditions of this Contract.

2.3.9. Confirmation of Services

A service-ticket/work-order must be provided by the contractor upon completion of the project, and signed by DEMA staff. A copy of the service-ticket/work-order shall be left at the facility as proof of service and provided with the invoice. Failure to provide could delay processing of invoice until received.

2.4. PRICING

2.4.1. Pricing

All Inclusive. Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Statement of Work/Scope of Work and all aspects of the Contractor’s offer as accepted by the State. Details of service not explicitly stated in the Statement of Work or in the Contractor’s Offer, but necessarily a part of, are deemed to be understood by the

Contractor and included herein. All administrative, reporting or other requirements, all overhead costs and profit and any other costs towards the accomplishment of the requirements in this Contract are included in the pricing provided.

2.5. Price Adjustments The Department will review fully documented requests for price increases after any contract has been in effect for one (1) year. Any price increase adjustments will only be made at the time of the contract extension and will be a factor in the extension review process. The

Department will determine whether the requested price increase or an alternate option, is in the best interest of the Department. Any price adjustment will be effective upon the effective date of the contract extension.

2.5.1. Price Reduction

A price reduction may be offered at any time during the term of this contract and shall become effective upon notice. The price reduction request shall be in writing.

2.6. PRODUCTS

2.6.1. Current Products

All products being offered in this contract shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this contract.

2.6.2. Serial Numbers

Offers must be for equipment on which the original manufacturer's serial number has not been altered in any way. Throughout the contract term, the Department of Emergency and

Military Affairs reserves the right to reject any altered equipment.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.6.3. Recall Notices

In the event of any recall notice, technical service bulletin, or other important notification affecting a product offered under this contract, a notice shall be sent to the Department of

Emergency and Military Affairs. Each notice shall reference the affected purchase order and product being recalled.

2.6.4. SDS Sheets

If any item(s) offered under this contract contain a hazardous chemical, as defined under

OSHA 29 CFR 1910.1200, the Contractor shall include the appropriate Safety Data Sheet(s) with the initial delivery or shipment and provide a copy to the designated Purchasing Officer

Representative and the Purchasing Officer, including any updated SDS sheets thereafter. The

Contractor, distributor or manufacturer may make access to Safety Data Sheets available online via their website, however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet United States Department of Labor, Occupational

Safety and Health Administration (OSHA) requirements.

2.6.5. Warranty

The Contractor shall guarantee its products to be free from defect in materials and workmanship, given normal use and care, over the period of the applicable manufacturer’s warranty. Manufacturer’s warranties are the sole responsibility of the manufacturer and must be official and standard (not customized) documents that are signed by a manufacturer’s representative.

2.7. SAFETY STANDARDS

All items supplied under this contract must comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards.

2.8. SUSPENSION OF WORK

The State shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices.

2.9. CANCELLATION

This contract is critical to the State of Arizona. The State reserves the right to immediately cancel in whole, or in part, this contract due to the failure of the Contractor to carry out any obligation, term or condition contained herein.

The State will issue written notice of default that shall be effective immediately and/or state the effective termination date. Default shall be for acting or failing to act as in any of the following:

2.9.1. The Contractor provides material that does not meet the specifications of the contract;

2.9.2. The Contractor fails to adequately perform the services set forth in the specifications;

2.9.3. The Contractor fails to complete the work required or to furnish the materials required within the time stipulated;

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2.9.4. The Contractor fails to make progress in the performance of the contract and/or gives the

State reason to believe that the Contractor will not, or cannot, perform to the requirements of the contract.

The State may take any of the following remedies or combinations thereof:

2.9.5. Cancel the contract in whole or in part;

2.9.6. Reserve all rights or claims to damage for breach of any covenants of the contract;

2.9.7. Perform tests or analyses on materials provided to determine the compliance with the specifications of the contract. If the results of any test or analyses determine the material provided does not substantially conform with the specifications, the testing expense shall be borne by the Contractor;

2.9.8. In case of Default, the State reserves the right to purchase materials, or to complete the required work in accordance with the Arizona Procurement Code. The State may recover actual excess costs from the Contractor by:

2.9.8.1. Deducting the amount from an unpaid balance;

2.9.9. If the contract is not terminated, the Contractor shall continue its performance and therefore, be liable to the State for liquidated damages until the products are delivered or the service is performed.

2.9.10. In the event the State exercises its right to terminate this contract, the Contractor is liable for any excess costs in addition to liquidated damages until such time that the State may reasonably obtain delivery or performance of similar supplies or services.

2.10. MATERIAL AND WORKMANSHIP (Brand name or Equal to)

Unless not specifically provided for in the specifications, all equipment, materials and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for their respective kinds and the purpose intended. All workmanship shall be first class. When equipment, materials or articles are specified as "equal to" any particular standard, the Procurement

Officer's Representative (POR) or the Procurement Manager shall be the final authority with respect to the question of meeting that standard. When “equal to” is represented by the Contractor, it shall furnish to the POR or Procurement Manager the name of the manufacturer, model number(s), performance characteristics, brochures, and any other information sufficient to demonstrate the Contractors claim. When required by the specifications, the POR, Procurement

Manager or any other representative of the State, the Contractor shall furnish to the State complete and accurate information with respect to the specifications of the materials, articles, equipment, etc., incorporated into the work. Samples of materials shall be submitted to the POR for approval as requested no later than two (2) days after the request. Machinery, equipment, materials and articles installed or used without approval by the State shall be at the risk of the Contractor and subject to rejection by the State.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.11. BRAND NAMES

Manufacturer's names, trade names, brand names, or catalog numbers used in the specifications are for the purpose of describing and establishing the general quality level, design and/or performance desired. Such references are not intended to limit or restrict bidding by other vendors but are intended to establish the quality, design or performance characteristics desired. Any bid including like quality, quantity, design or performance characteristics will be considered.

2.12. RECOVERY OF DAMAGES BY CONTRACTOR FOR DELAY

Damages related to expenses incurred by the Contractor for a delay for which the Department is responsible, which is unreasonable under the circumstances, and which was not within the contemplation of the parties to the contract, may be negotiated between the Contractor and the

Department, pursuant to Arizona Revised Statute §41-2617.

2.13. USE OF ENDANGERED TROPICAL HARDWOOD

Construction contractors shall comply with all provisions of A.R.S. § 34-201, as amended, concerning any construction, building addition, or alteration project, which is financed by monies of this State or its political subdivisions. Endangered tropical hardwood shall not be used, unless an exemption is granted, by the Director of the Department of Administration. The Director shall only grant an exemption if the use of endangered tropical hardwood is deemed necessary for historical restoration or to repair existing facilities and the use of any substitute material is not practical. "Endangered Tropical Hardwood" includes ebony, lauan, mahogany or teak hardwood.

2.14. ENERGY CONSERVATION

Contractors shall recognize mandatory standards and policies relating to energy efficiency which are prescribed in A.R.S 34-451.

2.15. CHLOROFLUROCARBON RECOVERY TRAINING/CERTIFICATION

When applicable to this contract, any person who adds or recovers Freon from equipment must be certified from a training program specifically approved by the Environmental Protection Agency

(EPA).

2.16. RIGHT TO INSPECT PLANT AND AUDIT RECORDS

In accordance with A.R.S. § 41-2547, The Department may, at reasonable times, inspect the part of the plant or place of business of a Contractor or Subcontractor, which is related to the performance to this contract.

The State may, at reasonable times and places, audit the books and records of any person, contractor or subcontractor who submits cost or pricing data to the extent that the books and records relate to the cost or pricing data. Any person, contractor or subcontractor who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for five years after the completion of the contract.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.17. PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

The contractor shall use reasonable care to avoid damaging existing buildings, equipment and vegetation (trees, shrubs, grass, etc.) on State property. If the Contractor fails to use reasonable care and damages buildings, equipment, or vegetation, he shall replace or repair the damage at no expense to the State as directed by the Procurement Manager. If he fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost thereof, which may be deducted from the contract price.

2.18. DEFAULT

Contractor may be deemed to be in default if, at any time during the performance of the Contract, Contractor initiates or is party to actions including, but shall not be limited to:

2.18.1. Failure to provide the State with acceptable proof of compliance with prescribed insurance requirements;

2.18.2. Failure in a material way to correct services not in conformance with the Contract or

Purchase Orders;

2.18.3. Repeated failure to comply with the requirements of the Contract;

2.18.4. Material disregard of or failure to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction;

2.18.5. Failure, neglect, or refusal to proceed with the performance of the Contract in a prompt, safe and diligent manner;

2.18.6. Failure to promptly pay all monies due to subcontractors, vendors, or others for materials and services in connection with the Work; and

2.18.7. Attempting to assign this Contract without obtaining the State’s prior consent.

2.18.8. With written notice to follow, the State may verbally terminate this contract, in whole or in part, under the following circumstances:

2.18.8.1. If equipment / Material furnished is, or later becomes, unsuitable to perform as specified or warranted and the contractor fails to respond within 2 working days after receipt of such notice, by either repairing or replacing the equipment / material.

2.18.8.2. If the Contractor fails to deliver the equipment / material or perform the required services within the time frame specified.

2.18.9. If the State terminates this contract for default in whole or in part, the State may procure such equipment or material (similar to those offered by or contracted for) on the open market and the Contractor shall reimburse the State for any excess costs incurred by the State for such equipment or services.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.18.10. After appropriate State acceptance of the bid is received by the bidder, if the successful bidder fails to provide the required contractual documents within ten (10) days this contract may be terminated for default. Bidders failing to provide these documents shall be considered in breach of the contract and therefore, liable to the

State for any additional costs incurred that exceed the amount of the bidder’s original bid.

2.19. CLEAN UP

The Contractor shall at all times keep any work or storage areas used by the Contractor relatively free from all waste materials, tools, scaffolding, equipment, materials, etc. Prior to the completion of work, the Contractor shall remove all tools, scaffolding, equipment, materials, etc., from the premises that is not the property of the State. Upon completion of the work, the Contractor shall leave the work area and premises in a clean, neat and workmanlike condition that is satisfactory to a State Inspector.

2.20. REMOVAL OF CONTRACTOR EMPLOYEES

The contractor shall utilize only experienced, responsible and capable employees in the performance of this contract. At the Departments request, the Contractor shall replace or remove employees who endanger person or property or whose continued employment under this contract is inconsistent with the best interests of the State and/or the Department.

2.21. SIMILAR WORK

Each Bidder shall furnish, upon request, a statement of whether they are now, or have ever been, engaged in work similar to that covered by the Solicitation. Such statement shall include the year in which such work was performed, the manner of its execution, and give such other information as will tend to show the Bidder's ability to prosecute the required work.

2.22. APPROVAL

The Contract shall be entered into by the Department and the Offeror in accordance with laws of the State of Arizona. The Contract and any subsequent terminations, modifications or change orders (including those resulting from disputes and settlements of disputes) shall be subject to the written approval of the Chief, National Guard Bureau, or his duly authorized representative, and the United States Property and Fiscal Officer for Arizona, and shall not be binding until so approved.

2.23. I.T. 508 COMPLIANCE

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this solicitation shall comply with A.R.S. 41-3531 and 3532 and Section

508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.24. INDEPENDENT STATUS OF THE CONTRACTOR

2.24.1. The Contractor is an independent Contractor and will not, under any circumstances, be considered an employee, servant or agent of the Department, nor will the employees, servants or agents of the Contractor be considered employees of the Department.

2.24.2. Personnel actions of employees on the Contractor’s payroll shall be the Contractor's responsibility. The Contractor shall comply with all applicable government regulations related to the employment, compensation and payment of personnel.

2.24.3. The Department will not be responsible in any way for the damage or loss caused by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials, equipment, or his employee's personal property stored on Department property

RISK AND LIABILITY

2.25. INDEMNIFICATION

To the extent allowed by law, Contractor shall defend, indemnify, and hold harmless the State of

Arizona, and its departments, agencies, boards, commissions and universities any jurisdiction or agency issuing permits for any work included in the project, and their respective directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as "Claims") arising out of actual or alleged bodily injury or personal injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of

Contractor or any of Contractor's directors, officers, agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount arising or recovered under the

Workers' Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all Claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable.

2.26. INSURANCE REQUIREMENTS

2.26.1. The successful contractor will be required to provide the following Certification of

Insurance with in five (5) days after receipt of written notice of intent to award this contract. The contractor must furnish the State, certification from insurer(s) for coverage in the minimum amount as stated below. The coverage shall be maintained in full force and effect during the term of this contract and shall not serve to limit any liabilities or any other contractor obligations.

2.26.2. Contractor and subcontractors shall procure and maintain, until all of their obligations, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.26.3. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of

Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase such additional insurance as may be determined necessary.

2.26.4. Minimum Scope and Limits of Insurance Contractor shall provide coverage with limits of liability not less than those stated below.

2.26.5. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability.

2.26.5.1. General Aggregate $1,000,000

2.26.5.2. Products – Completed Operations Aggregate $ 500,000

2.26.5.3. Personal and Advertising Injury $ 500,000

2.26.5.4. Damage to Rented Premises $ 25,000

2.26.5.5. Each Occurrence $ 500,000

2.26.5.6. Coverage must be identified as specific to the operations as described in the Scope of Services in this Contract.

2.26.5.7. The policy shall be endorsed to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

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

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.26.6. Business Automobile Liability

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

2.26.6.1. Combined Single Limit (CSL) $ 500,000

2.26.6.2. The policy shall be to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the

Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

2.26.6.3. Policy shall contain a waiver of subrogation endorsement in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and

2.26.6.4. Policy shall contain a severability of interests provision.

2.26.7. Worker's Compensation and Employers' Liability

2.26.7.1. Workers' Compensation Statutory

Employers' Liability

2.26.7.2. Each Accident $ 500,000

2.26.7.3. Disease – Each Employee $ 500,000

2.26.7.4. Disease – Policy Limit $ 500,000

2.26.7.5. Policy shall contain a waiver of subrogation endorsement in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and

2.26.7.6. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole

Proprietor/Independent Contractor) form.

DEMA Procurement Office, Building #M5800

5645 East McDowell Road

2.26.8.