Network_Firewall:_Consulting,_Management,_Upgrade,_and_Testing.pdf

REQUEST FOR PROPOSAL

26L-0724

NETWORK FIREWALL: CONSULTING, MANAGEMENT, UPGRADE,

AND TESTING

Mohave Educational Services Cooperative

211 N 7th St

Kingman, AZ 86401

RELEASE DATE: June 22, 2026

DEADLINE FOR QUESTIONS: July 17, 2026

RESPONSE DEADLINE: July 24, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Mohave Educational Services Cooperative

REQUEST FOR PROPOSAL

Network Firewall: Consulting, Management, Upgrade, and Testing

I. Introduction II. Instructions to Offeror and Solicitation Information

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

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

VIII. Vendor Submissions

Attachments:

A - RFP 26L-0724 Offer and Acceptance Form

B - RFP 26L-0724 Offer and Acceptance Form

C - RFP 26L-0724 Supporting Contract Documents

D - RFP 26L-0724 Supporting Contract Documents

E - RFP 26L-0724 USDA Form Ad-1048

F - RFP 26L-0724 USDA Form Ad-1048

G - RFP 26L-0724 Current Mohave Members

H - RFP 26L-0724 Specifications

I - RFP 26L-0724 Network Firewall Pricing Workbook

J - RFP 26L-0724 Specifications

K - RFP 26L-0724 Anti-Lobbying Certification

L - RFP 26L-0724 Anti-Lobbying Certification

M - RFP 26L-0724 EDGAR Certification

Request for Proposal #26L-0724 Title: Network Firewall: Consulting, Management, Upgrade, and Testing

N - RFP 26L-0724 EDGAR Certification

1. Introduction

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

Cooperative, Inc. (Mohave) seeks proposals to establish contract(s) for 26L-0724 Network Firewall:

Consulting, Management, Upgrade, and Testing. To be considered, proposals shall be electronically submitted, via OpenGov Procurement, prior to the specified due date and time. A public opening will be held by teleconferencing. If you would like to attend the opening, please contact the Contract Specialist for instructions. Proposals shall be opened immediately following the proposal due date and time, with the name of each offeror publicly listed via OpenGov Procurement. Late offers shall not be considered.

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

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

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

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

1.1. Questions

RFP Questions Must Be Directed To:

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

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

Last Day For Questions: Friday, July 17, 2026, 5:00 p.m. (local Arizona time)

1.2. Pre-proposal Conference Participation

Pre-proposal Conference Held: Wednesday, July 8, 2026, 10:00 AM (local Arizona time)

For login, contact the Contract Specialist, no later than Tuesday, July 7, 2026.

mailto:contracts@mesc.org

2. Instructions to Offeror and Solicitation Information

2.1. Submission of Proposals

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

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

2.2. Contract Type

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

2.3. Award Criteria

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

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

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

1) Pricing Information (30 Points): Completed pricing workbook, price schedules, additional requested price information, volume discount information, quick pay discount information, Pcard/credit card acceptance information, travel description, extended warranty, or maintenance service plan information;

2) Offer and Acceptance, Terms and Conditions, Scope of Work and Specification Documents (25

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

AD-1048, and EDGAR Certification;

3) Primary Vendor Information (25 Points): Complete response to the Method of Approach and

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

4) Supporting Contract Documents (10 Points): Completed supporting contract documents, support and maintenance information, sample supplemental or end-user agreements;

5) Additional Information (10 Points): Instructions to Offeror and Checklist Form, descriptive literature, slicks and any supporting documents, overall evaluation orderliness, readability of offer and evidence that the firm has the ability to follow instructions, and additional information.

2.4. References Used for Terms and Conditions

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

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

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

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

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

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

Education Department General Administrative Regulations (EDGAR):

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

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

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

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

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

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

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

3. Primary Vendor Information

Instructions

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

Method Of Approach and Qualifications.

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

The finished documents will be uploaded in Vendor Submissions.

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

3.1. Method of Approach - Project Plan

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

This information shall include, but not be limited to:

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

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

b. Communication process with Mohave and its members.

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

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

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

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

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

3.2. Method of Approach - Supplementary Questions

a. Provide a detailed description of how your firm would conduct an intrusion test of a network firewall.

b. Provide a sample member procedure that outlines help desk operations, work order flow, problem escalation and notifications provided throughout the problem resolution process.

3.3. Qualifications and Experience - About Firm Questionnaire

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

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

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

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

d. Provide information regarding your authorization to submit a proposal for the specified products/services and confirm that you can provide the products/services if awarded a contract.

e. Indicate if you are an authorized dealer for the products/services in the proposal, or if you are a producer, publisher, or manufacturer of the products/services in the proposal.

4. Past Performance Surveys

4.1. PPI Survey Request

An online survey has been created to allow for the collection of reference information from Arizona public agencies where you have successfully accomplished work or sold products and services in the past five (5) years, for specific products/services similar to this solicitation. Provide the following link to Arizona public agencies who can provide reference information for your firm: https://www.surveymonkey.com/r/RFP26L0724

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

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

https://www.surveymonkey.com/r/RFP26L0724

5. Special Terms and Conditions

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

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

5.1. Construction

Contract vendor shall not perform any construction under this contract. For the purposes of this contract, construction is defined as: The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. Construction does not include:

- The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings, or real property.

- The investigation, characterization, restoration, or remediation due to an environmental issue of existing facilities, structures, buildings, or real property.

5.2. Delivery

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

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

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

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

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

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

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

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

H. Title: This is a contract primarily for software. This contract includes products for software. As such, references to “title” passing in the general terms and conditions are interpreted as “right to use” or similar.

5.3. Form of Contract

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

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

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

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

5.4. Installation

Installation shall be scheduled directly with member and be done in a reasonable amount of time.

Installation shall be in accordance with the manufacturer’s instructions and shall be accomplished by skilled and properly licensed individuals.

5.5. Insurance

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

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

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

1. General Liability

2. Automobile liability

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

4. Workers’ Compensation

5. Technology Errors and Omissions Liability

6. Network Security (Cyber) and Privacy Liability Insurance

7. Professional Liability insurance

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

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

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

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

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

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

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

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

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

H. Network Security and Privacy Liability insurance: Policy shall include coverage for claims and losses with respect to network risks, (e.g., data breaches, unauthorized access/use, I.D. theft, invasion of privacy, damage/loss/theft of data, degradation, and downtime), providing limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.

Network Security and Privacy Liability insurance shall be identified as a separate coverage on certificate, or if packaged with Technology Errors and Omissions insurance, offeror shall include evidence of the additional coverage. Policy shall identify the Network Security and Privacy Liability insurance includes only first-party coverage, with or without no third-party claims, for emergency response in the event of a network or privacy breach such as costs to notify individuals whose data may have been compromised through registered mail. Contract vendor agrees to include coverage for third-party claims upon member request, should any policy not include this option.

I. Professional Liability insurance: Policy shall include coverage for claims and losses, which are either not included, or excluded in the General Liability insurance. Policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of an awarded contract. Policy shall provide limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.

J. Technology Errors and Omissions insurance: Policy shall include coverage for claims and losses in the event their unintended error or omission in performing services or providing back or front-end product(s) causes a loss to a third party(s) and for which a claim is brought against the insured and/or the member, and providing limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.

Technology Errors and Omissions insurance shall identify if the policy includes only first-party coverage, with or without no third-party claims for loss. Contract vendor agrees to include coverage for third-party claims, upon member request, should any policy not include this option.

5.6. Maintenance Facilities and Support

It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer.

Maintenance facilities shall have sufficient parts inventory to provide quality service on products sold to members. Trained and qualified technicians shall be available to cover all parts of the state, or specific regions within the state for regional offers. It is preferred that maintenance services are available within

24 hours. If a third party is used to provide maintenance or warranty work, offeror shall include details of any such arrangement in the proposal.

5.7. Manufacturer Support

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

5.8. Member Agreements

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

5.9. Offeror Qualifications

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

5.10. Pricing

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

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

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

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

1. Percent of discount(s) off manufacturer’s price list(s) or catalog(s);

The manufacturer’s price list or catalog price is defined as a catalog, price list, schedule, or other form that:

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

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

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

2. Firm fixed price with economic price adjustment.

Economic price adjustments are defined as an unexpected price increase for services, raw materials, or that are outside the control of the offeror. Any contingencies for economic price adjustments shall be identified in the proposal. Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract; or

3. A combination of the above.

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

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

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

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

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

H. Discounts: Submitted pricing shall clearly identify the percent of discount to apply to the price list. If multiple discounts apply, offeror shall clearly indicate the discounts and applicable materials or services.

Offeror shall agree that there will be no reduction in discount(s) during the term of contract.

I. Escalators: Any pricing escalators shall be reviewed and approved by Mohave prior to applying the escalator to approved contract pricing.

J. New catalogs/price lists: New price lists, workbooks, and/or catalogs may be submitted for review throughout the term of the contract. Mohave will review new price lists, workbooks, and/or catalogs to determine if the new prices or an alternative option is in the members’ best interests. New price lists, workbooks, and/or catalogs shall apply to the contract only upon approval from Mohave. New price lists, workbooks, and/or catalogs found to be non-competitive at any time during the contract may be grounds for terminating the contract. Any new catalogs/price lists shall meet requirements as stated in Basis for pricing.

K. Percent of discount as fixed price: Percent of discount offers that are not based upon published price lists or catalogs shall be administered as fixed price contracts.

L. Price reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Price reductions (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. Price reductions limited to a single member are not acceptable. Special time-limited reductions are permissible under the following conditions: 1) reduction is available to all members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and

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

M. Reimbursement for transportation, mileage, lodging, meals, and incidental expenses (M&IE):

Contract vendor may charge for transportation, mileage, lodging, and M&IE costs for employees that are required to travel to perform services at member site under this contract. An overnight stay is required for lodging reimbursement. Mileage reimbursement shall be at a specified rate. Transportation charges are separate from mileage, and may include airfare, car rental, etc.

Reimbursements under this section shall not exceed the rates listed in approved pricing and shall not exceed the actual charge. To be eligible for reimbursement, estimated charges must be on the quote and approved by the member. Receipts for such reimbursements must be provided upon request from the member.

N. Travel/drive rates: Contract vendor may charge for travel/drive rates under this contract. Travel/drive rates are only applicable for out of area employees working under this contract. Charges under this section shall not exceed the rates listed in approved pricing. Such charges must be on the quote and approved by member.

Travel/drive rates may be an hourly rate or a per mile rate. If you are using a per mile rate, list your travel/drive reimbursement separately from mileage reimbursement.

5.11. Samples

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

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

(10) days of request from Mohave.

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

5.12. Site Requirements

A. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition.

B. Contract vendor employee fingerprinting: Contract vendor and its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with A.R.S. § 15-512(H). The fingerprint card shall be issued pursuant to Title 41, Chapter

12, Article 3.1. Charges for such fingerprint checks will be the responsibility of contract vendor, subcontractor, or individual employee. An exception to this requirement may be authorized in member’s

Governing Board policy, for persons who, “as part of the normal job duties of the persons, are not likely to have independent access to or unsupervised contact with pupils.”

Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(ies) at the school district where services are provided.

C. Onsite contract vendor responsibilities: Contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the current OSHA standards and is responsible for ensuring safe work performance of employees and subcontract vendors.

Prior to performing any services at member site, contract vendor shall contact member regarding their safety and security procedures and requirements for contract vendor’s personnel and their subcontractors. As required by member, all contract vendor personnel and their subcontractors shall be responsible for full compliance with member’s safety and security procedures and requirements.

Member may also require contract vendor to provide their personnel and subcontractors with proper identification displaying both the firm name and employee name. Identification must be worn and remain visible at all times while performing onsite services. These requirements apply at all times, including site visits, project evaluations, and performance of work.

While on any member facility, all contract vendor personnel and their subcontractors shall respond appropriately to all emergency announcements. There are no differentiation between drills and actual emergencies; all announcements shall be treated as a real emergency. Contract vendor shall provide all personnel and their subcontractors performing onsite services training on the safety and security procedures, requirements, and a copy of member’s evacuation map and/or secure location in the event of an emergency.

Contract vendor and its employees or subcontractors shall report accidents and incidents immediately to member’s responsible staff or its administration. Contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed, and the operation shall not resume until authorized by member’s responsible staff or administration. Contract vendor must assist and cooperate fully with the investigation of the accident/incident and ensure availability of all information, personnel, and data pertinent to the investigation.

For preemptive purposes, contract vendor and its employees or subcontractors shall immediately report to member’s responsible staff or administration all areas of concern that could potentially lead to accident or injury.

D. Preparation: Contract vendor shall not begin a project for which member has not prepared the site.

Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

E. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee, or employee of its subcontractor, who is required to register as a sex offender pursuant to A.R.S. § 13-3821 will perform work on member’s premises or equipment at any time when students, are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the order at member’s discretion.

F. Safety measures: Contract vendor shall take all reasonable precautions for safety on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public.

Contract vendor shall post warning signs against all hazards created by its operation and work in progress.

Proper precautions shall be taken pursuant to current Arizona law and standard practices to protect workers, general public, and existing structures from injury or damage.

G. Smoking: Persons working under the contract shall adhere to current local smoking policies.

H. Stored materials: Upon prior written agreement between contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials shall be provided to member prior to payment. Such materials shall be stored and protected in a secure location and be insured for their full value by contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member’s request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary.

Payment for stored materials shall not constitute final acceptance of such materials. Contract vendor shall be responsible for the protection of all material and equipment, whether stored on or offsite. Title for all work, materials, and equipment shall pass to member only upon final inspection and payment of remaining job costs.

5.13. Subcontractors

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

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

Mohave contract.

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

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

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

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

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

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

5.14. Term of Contract and Extension

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

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

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

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

5.15. Trade-In Equipment

Member and contract vendor shall determine values placed on trade-in products. The value of trade-in shall not affect the amount of administration fee paid to Mohave. Trade-in equipment shall be dismantled and removed at contract vendor’s expense. The condition of trade-in equipment at the time it is turned over to contract vendor shall be the same as when the original agreement was made, except for normal wear and tear from use between the time of the offer and trade-in.

5.16. Warranty/Quality Guarantee

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

Excel pricing workbook.

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

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

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

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

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

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

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

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

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

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

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

6. General Terms and Conditions

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

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

Terms and Conditions.

6.1. Advertising

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

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

6.2. Availability of Funds

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

6.3. Cancellation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole or in part, if Mohave determines that employment or a gratuity was offered or made by the contract vendor or a representative of the contract vendor to any officer or employee of the…