RFP _RFX0000035_LED_Replacement_Project.pdf

REQUEST FOR PROPOSAL

(RFP) No. RFX00000035

ATHLETICS VENUES - LED REPLACEMENT PROJECT

ISSUED BY:

Supply Chain Services

FOR:

Facilities Management

Issued by:

Rocio Torres

Strategic Sourcing Manager rociotorres@arizona.edu

PROPOSALS ARE DUE IN THE UNIVERSITY SUPPLY CHAIN SOFTWARE (GEP)

SHOWN BELOW NO LATER THAN:

Tuesday, November 17, 2026, by 2:30 PM MST Link to view opportunity and register

NOTE: A public opening of Proposals will not be conducted for this RFP.

mailto:rociotorres@arizona.edu https://quantum.gep.com/UniversityofArizona/anonymous#/rfx_workbench_public/UniversityofArizona

Table of Contents

Section 1 – Introduction

Section 2 – Scope of Service and Deliverables

Section 3 – Questions, Inquiries & Interpretations

Section 4 – Instructions To Proposers

Section 5 – Proposal Submission

Section 6 - Proposal format and Organization

Section 7 - Evaluation Process and Award

Section 8 - General Information

Section 1 – Introduction

1.1 Project Overview

The Arizona Board of Regents (ABOR), on behalf of the University of Arizona hereby solicits proposals from qualified vendors to provide replacement of LED video displays, control systems, timing and scoring systems at McKale Center (Arena), Casino del Sol Stadium (Football), and Hi Corbett Field (Baseball) on University of Arizona campus in Tucson, Arizona.

1.2 Background & Special Circumstances

Founded in 1885, the University of Arizona (U of A) is a premier public, land-grant research university in Tucson, Arizona. Known as the state's oldest university, it was established before Arizona achieved statehood. The institution is recognized for high-impact research, including space exploration, tree-ring research, and two medical schools.

The University of Arizona's main campus covers approximately 380–400 acres in central Tucson. Founded in 1885, it was the first university in the Arizona Territory, with its first building, Old Main, completed in 1891 on a 40-acre plot. It has grown into a major research-focused, land-grant institution with over 200 buildings. The University of Arizona is also well-regarded for its top-rated financial aid and robust campus life, contributing to its designation as a "Best Value University" by The Princeton Review.

The mission of Facilities Management at the University of Arizona is to effectively and efficiently provide maintenance, operational services and utilities services that support the faculty, staff, and students in pursuit of excellence in their individual and institutional academic research and community objectives. These services are directed toward the pursuit of sustainability in the maintenance and operation of all facilities. Facilities Management's vision is to achieve customer satisfaction and employee excellence. We value accountability, communication, sustainability, cooperation, education, fairness, and trust.

1.3 Location

1) Casino Del Sol Stadium Quick Facts − Capacity: 50,800 − Surface: FieldTurf Vortex Core (installed 2022) − Opened in 1928 − Received $30 million dollar renovation to east side of stadium prior to the 2018 season.

− Completed addition of the $72.3 million Lowell-Stevens Football Facility in 2013.

− Has received numerous fan experience enhancements since 2019, including new lights, sound system, and premium seating in 2026.

− Facility also home to the Richard F Caris Mirror Lab.

− Home of the Arizona Bowl since 2015.

2) McKale center at Alkeme arena Quick Facts

− Capacity: 14,688 − Construction began in Fall of 1970 and officially opened with Arizona's 87-69 win over Wyoming on Feb. 1, 1973 − Original construction cost was $8.1 million with regular renovations, including $30 million renovations in 2014.

− The court was officially named Lute & Bobbi Olson Court in honor of the Olson family in 2001.

− Multi-purpose facility that has hosted numerous events from NCAA Tournaments to university graduation ceremonies.

− Name officially changed to McKale Center at ALKEME Arena on February 13, 2026.

− The Arizona Volleyball program has received a state-of-the-art Taraflex® court, made possible through a generous donation from the Davis family. Arizona debuted the Cole and Jeannie Davis Court on October 25, 2025 against Arizona State.

3) Hi Corbett Field (Baseball)

− Location: 700 S. Randolph Way, Tucson, AZ (inside Gene C. Reid Park, about two miles southeast of the University of Arizona)

− Opened: 1927 (as Randolph Municipal Baseball Park; renamed in 1951) − Capacity: 9,500 − Owner: City of Tucson (operated by the University of Arizona) − Current Tenant: University of Arizona Wildcats baseball team (since 2012) − Former MLB Spring Training Tenants: Cleveland Indians (1947–1992) and Colorado Rockies (1993–

2010) − Notable Pop Culture: Served as the primary filming location for the 1989 movie Major League.

− Outfield Dimensions: Range from 349 feet in right field to 410 feet in center left.

Section 2 – Scope of Service and Deliverables

2.1 Scope of Work & Deliverables

A. The Base Scope of Work includes the replacement of LED video displays, control systems, timing, and scoring systems at McKale Center (Arena), Casino del Sol Stadium (Football), and Hi Corbett Field (Baseball) on University of Arizona campus in Tucson, Arizona.

B. Work under this includes all labor, materials, cabling, tools, transportation services, supervision, coordination, etc., necessary to complete the installation of the LED Display Systems.

1. The systems shall be called the “Display System” and the installer the “Display Installer".

2. Structural and electrical engineering, rigging details, and other construction information is provided for design intent, appearance, and functionality purposes only.

3. Display Installer is responsible for making field measurements necessary to establish exact locations, relationships, and load capacities necessary for installation.

4. All installation, maintenance and warranty work be provided in accordance with the appropriate union jurisdictions, local labor laws, and local prevailing wage requirements.

C. This specification is performance based. Provide all engineering and design work (e.g., structural, enclosures, electrical, ventilation, processing, etc.), and components necessary for a complete and operational system.

https://www.google.com/search?kgmid=%2Fm%2F05b23y7&q=University+of+Arizona+Wildcats https://www.google.com/search?kgmid=%2Fm%2F01yhm&q=Cleveland+Indians https://www.google.com/search?kgmid=%2Fm%2F01ync&q=Colorado+Rockies

1. Any changes, additions, or demolition necessary to make the system compatible and integrated with the structure, building walls, steel, electrical services, etc., shall be included and installed without claims for additional compensation.

2. Refer to the drawings provided, these specifications, the Scope of Work (SOW), LED Display Schedule, and Project Schedule for the complete scope for this project:

− Exhibit A_ SECTION 11 63 10 LED DISPLAY SYSTEMS − Exhibit B_ SECTION 11 63 11 LED DISPLAY SCHEDULE − Exhibit C_ SECTION U Arizona McKale - CH Alternates

Note:

o University will be using reconfiguration A in Exhibit C o The Intercollegiate Athletics preference for the Alkeme Arena Centerhung would be

Reconfiguration A.

Section 3 – Questions, Inquiries & Interpretations

3.1 Coverage and Participation

The intended coverage of this RFP and any Agreement resulting from this solicitation shall be for the use of all Departments at the University of Arizona. The other State Universities, Arizona State University (ASU), and Northern Arizona University (NAU), along with Pima Community College (PCC) and any other educational institution or Governmental entity may access an Agreement resulting from this solicitation issued and administered by the University of Arizona.

3.2 Original RFP Document

The Office of Procurement and Contracting Services shall retain the RFP, and all related terms and conditions, exhibits, and other attachments, in original form in an archival copy. Any modification of these, in the Proposer’s submission, is grounds for immediate disqualification.

3.3 Questions, Inquiries, and Interpretations

All Proposer inquiries, questions and requests for clarification related to this RFP are to be directed, in writing via Supply Chain Software (GEP) no later than the Question Deadline as stated in Section 4.1 Schedule of events.

If a Proposer is unclear about any information contained in this document or its exhibits (Project, scope, etc.), they are urged to submit those questions for formal clarification.

3.4 Sole Point of contact

Rocio Torres Sourcing Manager Email: rociotorres@arizona.edu

Proposers to this RFP or people acting on their behalf shall not contact any University employee, officer, or agent;

and/or any Board member; except in writing to the Sole Point of Contact, from the date of release of this RFP through the official award date. Violation of this provision may be grounds for rejecting a proposal.

3.5 Change or Modification

Any change or modification provided by the Owner of this RFP which directly affect an interpretation or change to this RFP, will be issued in writing by addendum (amendment) and all addenda will be posted in Supply Chain mailto:rociotorres@arizona.edu

Software (GEP) via Discussion Forum. All such addenda issued by University prior to the time that Proposals are received shall be considered part of the RFP, and the Proposer shall be required to consider and by submitting a Proposal to the RFP, acknowledges receipt and understanding of all addenda in their Proposal. It is the responsibility of each Proposer to visit the website and download any addenda. No information received in any manner different than as described herein shall serve to change the RFP in any way, regardless of the source of the information.

3.6 Public Record

After the award and execution of a contract resulting from this RFP, all proposals submitted by Proposers become public records and may be available for review during the University’s regular business hours. The University will, in good faith and to the extent permitted by law, honor information that is clearly and conspicuously designated as proprietary by the Proposer and determined to be proprietary.

At no time shall an entire proposal be considered proprietary or confidential. The University shall not be liable for the disclosure of information that is not clearly and conspicuously labeled as proprietary, nor shall it be liable if it did not know, or could not reasonably have known, that such information was proprietary. Pricing and cost information shall not be considered proprietary or confidential.

3.7 Form of Agreement

University anticipates that the term of the Agreement will be for the duration of the project including but not limited to installation, warranty period, with renewals only for post warranty service. University Standard Terms and Conditions are included as an ATTACHMENT 3 for your review. The final Agreement/Purchase Order may contain certain notes or alternative provisions. Those alternative provisions will be included at the sole discretion of the University.

Section 4 – Instructions To Proposers

4.1 Schedule of Events

The following is the anticipated solicitation schedule including a brief description of milestone dates:

Issue Date October 27, 2026 Non-Mandatory Pre-Proposal Conference(virtual) November 5, 2026 at 10:00 AM MST Site Visit November 5, 2026 at 11:00 AM MST Question Deadline November 6, 2026 at 2:00 PM MST Q&A Addendum Issuance (if necessary) November 11, 2026 Proposal Due Date/Time November 17, 2026 at 2:30 PM MST The following dates are tentative and subject to change without notice:

Estimated notification of finalists (If applicable) By November 30, 2026 Presentations/Interviews (If applicable) TBD If required Notice of Intent to Award By December 6, 2026 Estimated Contract execution By December, 2026

NOTE: The University reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP and posted in the University Supply Chain Software (GEP) for your convenience.

4.1.1 The Pre-Proposal Conference will be administered virtually via zoom. Link is provided below.

Click her to Register https://arizona.zoom.us/meeting/register/ENKqrCaFTBqYbdxl4dfQnA

4.1.2 Proposers must contact the Sole Point of contact in section 3.4 Sole Point of Contact if they encounter any issues with access. This request must occur no later than the Monday before the virtual Conference date as stated in this RFP.

4.1.3 Should on campus site visits occur, the Personal Protection Equipment (PPE) is located here.

4.1.4 Proposals must be submitted electronically through the University’s Supply Chain Management System (GEP) and received no later than the deadline specified in the Schedule of Events. Electronic Proposal files should clearly indicate the company name on the file. Proposers shall upload files individually and not upload folders. Any questions regarding the submittal process shall be submitted to the Sole Point of contact of record as noted on this RFP in advance before the Submittal Deadline.

4.1.5 University shall not be responsible for failure of electronic equipment or operator error. Late or otherwise non-responsive Proposals will not be considered.

4.1.6 Telephone, Facsimile (“FAX”) or electronic mail (email) proposals are not acceptable.

4.1.7 The University shall, at the specified Due date and time, accept all proposals that are otherwise in order. Any Proposal received after the Due Date/Time will be rejected and will be retained and made part of University’s archive records in accordance with University Standards.

4.1.8 University will not provide compensation to Proposer(s) for any expenses incurred by the Proposer(s) for Proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated. Proposers(s) submit Proposals at their own risk and expense.

Section 5 – Proposal Submission

5.1 The electronic Proposal should be formatted with page size of 8 ½ x 11 inches with no foldouts (except for any large format documents required by evaluation criteria). The basic text information of the Proposal should be presented in standard business font size, and reasonable margins.

5.2 Your Proposal must be contained in a document not to exceed Forty (40) single sided pages including pictures, charts, graphs, tables, and text you deem appropriate to be part of University’s review of your Proposal. Resumes of key individuals proposed to be involved in this Project are exempted from the page limit and must be appended to the end of your Proposal. Appended resumes of the proposed key individuals, along with a cover letter, table of contents, front and back covers, references, exceptions, and blank section dividers will not be counted in the page limit.

5.3 Proposals should be divided into clearly identifiable sections, including page numbers, and be organized for ease of reference, to facilitate efficient review and evaluation by the University.

5.4 The University reserves the right, without prior notice and without liability, to reject any proposal that it deems overly complex, disorganized, or difficult to evaluate. Such determination shall be made in the University’s sole discretion and without from, or consultation with, any other party.

5.5 The Proposal must be received electronically via the procurement portal prior or on the due date listed in the events schedule on the project details page of this solicitation (as amended). The Proposals will be timed, dated, and secured for the solicitation opening. Proposals are held until the submission date. Any Proposal received after the specified time and date noted on the project details page will not be considered under any circumstance.

5.6 Each Proposal should be prepared simply and economically, providing a straightforward, concise description of https://occhealth.arizona.edu/occupational-safety/personal-protection-equipment-ppe your firm's ability to meet the requirements of this solicitation. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of University needs.

5.7 All Attachments noted are to be properly completed and submitted with your Proposal. Signature by an authorized officer of Proposer must appear on the CERTIFICATION OF PROPOSAL (ref. ATTACHMENT ONE) and LEGALS WORKERS CERTIFICATION (ref. ATTACHMENT TWO) of the submitted electronic copy of the Proposal.

5.8 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal.

Section 6 - Proposal format and Organization Only lawfully formed business organizations may apply (This does not preclude a Proposer from using consultants.)

University will contract only with the individual firm or formal organization that submits a Proposal to this RFP.

6.1 General: Proposer shall provide a narrative describing its capabilities, qualifications, and experience on projects of similar size and complexity to the project described in this RFP. The narrative shall describe how the prime contractor meets the requirements of the Exhibits for the complete scope of the project, including the drawings, Specification 11 63 10 (Exhibit A), the Scope of Work, the LED Display Schedule (Exhibit B), the Center-Hung Reconfigurations (Exhibit C), and the Project Schedule. Proposer shall reference the relevant specification section in each response and attach supporting documents where requested.

6.2 Along with your proposal submittal please complete Proposals to Evaluation Criteria Questions under Supply

Chain Software (GEP) Technical Evaluation Criteria

6.3 Cover letter

The cover letter shall not exceed 1 page in length, summarizing key points in the Proposal, and shall briefly furnish background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation, corporate charter number), number and location of offices, location of company headquarters/main office, total number of employees’ company-wide, and principal lines of business. Certify that the firm is legally permitted or licensed to conduct business in the State of Arizona for the services offered.

6.4 Proposer’s Capabilities, Qualifications and Experience.

Proposer shall provide a narrative describing its capabilities, qualifications, and experience on projects of similar size and complexity to the project described in this RFP. The narrative shall describe how the prime contractor meets the requirements of the Exhibits for the complete scope of the project, including the drawings, Specification 11 63 10 (Exhibit A), the Scope of Work, the LED Display Schedule (Exhibit B), the Center-Hung Reconfigurations (Exhibit C), and the Project Schedule. Proposer shall reference the relevant specification section in each response and attach supporting documents where requested.

6.5 Project Team, Key Personnel assigned to the project.

6.5.1 Identify the key personnel who will be assigned to the University for this project, including the Project Manager, Superintendent, lead LED and electrical engineer, LED content management system (CMS) specialist, lead rigger, scoring and timing lead, and commissioning lead, as required by Exhibit A (Specification 11 63 10).

6.5.2 Include an organizational chart that identifies each key person, their role, and their reporting relationships, and shows any subcontractors and the work they will perform. Describe how the team will be organized to deliver the complete scope of work at McKale Center, Casino del Sol Stadium and Hi Corbett Field, including how personnel will be assigned and coordinated across the three venues and how the team will support the University during installation, commissioning, and the warranty period.

6.5.3 Identification of the single point of contact for the Professional Services team.

6.5.4 Resumes for each key individual on the team and each sub-consultant and definition of that person's role in each stage of strategic planning. Include their experience with similar projects, the number of years with the firm, and their city of residence.

6.5.5 No substitutions of proposed key personnel or sub-consultants may be made without the prior written approval of the University. The individuals identified in the proposal and presented during interviews are a significant factor in the evaluation process and are expected to remain available through contract award. Any changes to proposed personnel during this period may result in reevaluation of the proposal or disqualification at the University's sole discretion.

6.5.6 Describe the basis for the selection of proposed sub-consultants included in the team proposed for this project (if any) and the role each will play.

6.6 Technical Approach and Proposed Solution

This section should describe the Respondent’s proposed technical approach and methodology for delivering the services required under this solicitation. The University should be able to clearly understand the scope, level, and approach the services will be performed. The response must include a detailed explanation of the methods, processes, and tools the Respondent will use to ensure the services meet the requirements of this solicitation.

Respondent shall respond to all requirements and questions noted in Section 2–Scope of Services and Deliverables.

Respondent must provide an overall planning approach and methodology overview which consists of a detailed and comprehensive description of the SOW requested in response to this solicitation.

6.7 Determination of and Information Concerning Proposer's Qualifications The University reserves the right to determine whether a Proposer has the ability, capacity, and resources necessary to perform in full any contract resulting from this RFP. The University may request from Proposers information it deems necessary to evaluate such Proposers' qualifications and capacities to deliver the products and/or services sought hereunder. The University may reject any Proposer's proposal for which such information has been requested but which the Proposer has not provided. Such information may include but is not limited to:

− Financial resources − Personnel resources − Physical resources − Internal financial, operating, quality assurance, and other similar controls and policies − Resumes of key executives, officers, and other personnel pertinent to the requirements of the RFP − Customer references − Disclosures of complaints or pending actions, legal or otherwise, against the Proposer

6.8 Proposer’s Required Documents

− Proposer’s Technical Proposal − Proposers’ Price Proposal − Signed and Completed ATTACHMENT 1 –CERTIFICATION OF PROPOSAL − Signed and Completed ATTACHMENT 2 - LEGALS WORKERS CERTIFICATION − University Standard Terms and Conditions ATTACHMENT 3 – FOR REVIEW ONLY

Section 7 - Evaluation Process and Award

7.1 Evaluation Process. The written response to this RFP is the first in a potential two-step process in the selection of a firm for this Project. The Proposals received in response to this RFP will be evaluated by a selection committee with the top scoring firms being invited to advance to further evaluation steps including Proprietary Discussions and Presentations/Interviews should the committee determine they are necessary.

− Presentations/Interviews will include a Forty (40) minute presentation period, immediately followed by a separate Twenty (20) minute Q&A session.

− After all of the Presentations/Interviews are completed, the members of the selection committee will discuss the strengths and weaknesses of the finalists. The members of the selection committee will then score the finalists based on all information received, presented, and heard during the Presentations/Interviews.

Optional Reference Checks may also be undertaken to aid in final scoring. Upon completion of final scoring, negotiations may commence with all Proposers submitting responsive proposals or all Proposers in the competitive threshold.

− Final scoring of the Interviews will be separate and not cumulative from the short-listing.

7.2 Apparently Conflicting Information Obtained by Proposer

The University is under no obligation whatsoever to honor or observe any information that may apparently conflict with any provision herein, regardless of whether such information is obtained from any office, agent, or employee of the University. Such information shall not affect the Proposer's risks or obligations under a contract resulting from this RFP.

7.3 Rejection of Proposer Counter-offers, Stipulations and Other Exceptions

Any Proposer exception, stipulation, counter-offer, requirement, and/or other alternative term or condition shall be considered rejected unless specifically accepted in writing by the University and thereafter incorporated into any contract resulting from this RFP.

7.4 Method of Award.

Each Proposal to this RFP will be reviewed for its overall competence, compliance, format, and organization.

Proposals which the University deems overly complex, disorganized, or difficult to evaluate may be rejected. The award shall be made to the responsive and responsible Proposer whose proposal is determined to be the most advantageous to the University of Arizona, taking into consideration the following evaluation criteria:

Balance on page intentionally left in blank.

Evaluation Criteria Weight (%)

Proposers’ Qualifications and Experience on similar size and scope 25

Project Team, Key Personnel assigned to the project 20

Technical Approach and Proposed Solution 20

Project Timeline and Schedule 10

Price Proposal 25

Total score 100

7.5 Selection, Negotiation, Additional Information

Although the University reserves the right to negotiate with any Proposer or Proposers to arrive at its final decision and/or to request additional information or clarification on any matter included in the proposal, it also reserves the right to select the most responsive and responsible Proposer without further discussion, negotiation, or prior notice. The University may presume that any proposal is a best-and-final offer.

7.6 Proposer's Need to Use Proprietary Rights of the University All information proprietary to the University and disclosed by the University to any Proposer shall be held in confidence by the Proposer and shall be used only for purposes of the Proposer's performance under any contract resulting from this RFP.

7.7 Certification

By signature on the “Certification of Proposal” form included herein, the Proposer certifies that the submission of the proposal did not involve collusion or other anti-competitive practices. The Proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. In addition, Proposer certifies whether or not any employee of the University has, or has a relative who has, a substantial interest in any Agreement that may result from this RFP. Proposer also certifies their status with regard to debarment, or suspension by any Federal entity.

Failure to provide a valid signature affirming the stipulations required by this clause shall result in the rejection of the submitted proposal and, if applicable, any resulting Agreement. Signing the certification with a false statement shall void the proposal and, if applicable, any resulting Agreement. Any resulting Agreement may be subject to legal remedies provided by law. Proposer agrees to promote and offer to the University only those services and/or materials as stated in and allowed for under resulting Agreement(s).

Section 8 - General Information

8.1 By submitting a proposal in Proposal to this RFP, Proposer represents that it has read, understands, and agrees to all terms, conditions, requirements, and instructions contained herein. Proposer is responsible for making any inquiries necessary to clarify the requirements of those RFP prior to submission. The University reserves the right to disqualify any Proposer that demonstrates a lack of understanding of the RFP requirements.

8.2 Reservation of Rights

The University reserves the right to determine, in its sole discretion and without liability to:

8.2.1 Determine whether the Proposer has demonstrated understanding of the RFP requirements

8.2.2 To extend, cancel or amend this RFP at any time

8.2.3 Make single, multiple or no award for the services described herein and as deemed in its own best interest.

8.2.4 Determine that any proposal is a final proposal revision (otherwise known as a “Best-and-Final Offer”). Or else, to request a “Best and Final Offer” at any time.

8.2.5 The University is the sole owner of all data and information contained within the RFP document and accompanying attachments. Proposers shall use this information exclusively to prepare a proposal.

Proposers should not disclose this information to any other firm or use it for any other purpose unless required by law or legal process.

8.2.6 All proposals and related information submitted shall become the property of the University and will not be returned. Such materials may be subject to disclosure pursuant to the Freedom of Information Act, Arizona Public Records Law, or other applicable laws of the State of Arizona. Accordingly, proposals may be released to sister universities (see Section 2.2), without prior notice to Proposer(s), as required to comply with applicable legal obligations.

8.3 Commitment

Proposer understands and agrees that this RFP and any resulting Agreement is issued predicated on anticipated requirements for the materials or services described herein and that University has made no representation, guarantee or commitment with respect to any specific quantity of or dollar value to be furnished under any resulting Agreement. Further Proposer recognizes and understands that any cost borne by the Proposer, which arises from Proposer’s performance under any resulting agreement, shall be at the sole risk and responsibility of Proposer.

8.4 Attention to Terms and Conditions.

Proposer must comply with the requirements and specifications contained in this RFP, including the Terms and Conditions (ref. ATTACHMENT 3). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence: 1) University Terms and Conditions, 2) University referenced solicitation including all amendments issued by University, 3) the RFP Proposal as accepted and awarded by University.

Proposer may offer for University's consideration alternate provisions to the Terms and Conditions. Alternates proposed must refer to the specific article(s) or section(s) concerned. General exceptions such as “company standard sales terms apply" or "will negotiate" are not acceptable.

Proposer’s exceptions will be reviewed by University and may result in disqualification of Proposer’s Proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s Proposal, then University may consider Proposer’s exceptions when University evaluates the Proposer’s Proposal.

Proposer’s silence as to the terms and conditions shall be construed as an Indication of complete acceptance of these conditions as written.

8.5 Required Signatures

The University may reject any Proposer's Proposal if it is not signed as indicated and/or required by the areas, spaces, or forms provided within this RFP.

8.6 Collusion Prohibited

In connection with this RFP, Proposer collusion with other Proposers or employees thereof, or with any employee of the University, is prohibited and may result in Proposer disqualification and/or cancellation of award. Any attempt by the Proposer, whether successful or not, to subvert or skirt the principles of open and fair competition may result in Proposer disqualification and/or cancellation of award. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to the University.

8.7 Improper Business Relationships / Conflict of Interest Prohibited

In connection with this RFP, each Proposer shall ensure that no improper, unethical, or illegal relationships or conflict of interest exists between or among the Proposer, the University, and any other party to this RFP. The University reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not Proposer disqualification and/or cancellation of award shall result. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to the University.

8.8 Anti-Kickback

In compliance with FAR 52.203-7, the University has in place and follows procedures designed to prevent and detect violations of the Anti-Kickback Act of 1986 in its operations and direct business relationships.

8.9 Withdrawal or Modification

No Proposal may be changed, amended, modified or otherwise, after the same has been submitted or filed in Proposal to this solicitation, except for obvious errors in extension. However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. No Proposal may be withdrawn after the submittal deadline without approval by University, which shall be based on Proposer’s submittal, in writing, of a reason acceptable to University.

8.10 Indemnification / Hold Harmless

The Successful Proposer shall indemnify, defend, and hold harmless to the fullest extent allowed by law the State of Arizona, the Arizona Board of Regents and the University, its officers, agents, and employees (“Indemnitees”) from any and all claims, demands, suits, actions, proceedings, loss, cost, and damages of every kind and description, including attorneys’ fees and/or litigation expenses, which may be brought or made against or incurred on account of breach, or loss of or damage to any property, or for injuries to or death of any person, or financial loss incurred by Indemnitees, caused by, arising out of, or contributed to, in whole or in part, by reasons of any act, omission, professional error, fault, mistake, or negligence of Successful Proposer, its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection with or incident to the performance of the Agreement, or arising out of Workers Compensation claims, Unemployment Compensation claims, or Unemployment Disability Compensation claims of employees of Successful Proposer and/or its subcontractors of claims under similar such laws and obligations. Successful Proposer’s obligation under this provision shall not extend to any liability caused by the sole negligence of the State of Arizona, Arizona Board of Regents, University or its officers, agents, and employees. Such indemnification shall specifically include infringement claims made against any and all intellectual property supplied by Successful Proposer and third-party infringement under the Agreement.

8.11 Indemnification by the University

Arizona Revised Statute § 35-154 prohibits persons from incurring obligations against the state for which funds have not been appropriated or allocated. Arizona Attorney General’s Opinion 67-36-L interprets this statute to prohibit the state and its agencies from agreeing to hold harmless or indemnify third parties. The University shall be liable for claims, damages or suits arising from the acts, omissions or negligence of its officers, agents, and employees.

8.12 University's Right to Use Proposer's Ideas / Proprietary Information

If the Proposer needs to submit proprietary information with the proposal, the Proposer shall ensure that it is enclosed in a separate redacted file from the proposal and that it is clearly designated and conspicuously labeled as such. The Proposer may submit a full PDF for the committee and a redacted file for proprietary and https://www.acquisition.gov/far/52.203-7 https://www.azleg.gov/ars/35/00154.htm chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/ogc.asu.edu/sites/g/files/litvpz1751/files/agletter.pdf confidential information to be reviewed by the University.

8.13 Effective Period of Proposals

Under this RFP, the University shall hold that Proposers' Proposals to this RFP shall remain in effect for a period of one hundred and eighty (180) days following the Due date, in order to allow time for evaluation, approval, and award of the contract. Any Proposer who does not agree to this condition shall specifically communicate in its proposal such disagreement to the University, along with any proposed alternatives. The University may accept or reject such proposed alternatives without further notification or explanation.

8.14 No Waiver of Right by the University

No waiver by University of any breach of the provisions of the Agreement by the Successful Proposer shall in any way be construed to be a waiver of any future breach or bar the University’s right to insist on strict performance of the provisions of the Agreement.

By submitting a Proposal to this Solicitation, the Offeror or Proposer agrees to waive any claim it has or may have against The University of Arizona its Board of Regents, employees or agents arising out of or in connection with

(1) the Administration, evaluation or recommendation of any offer or Proposal; (2) any requirements under the solicitation, the solicitation or Proposal package or related documents; (3) the rejection of any offer or any Proposal or any part of any offer or Proposal; and/or (4) the award of a contract, if any.

8.15 Actions of Successful Proposer

The University is under no obligation whatsoever to be bound by the actions of any Successful Proposer with respect to third parties. The Successful Proposer is not a division or agent of the University.

8.16 Advertising

The Successful Proposer shall not advertise or publish information concerning the Agreement without prior written consent of the University. The University shall not unreasonably withhold permission.

8.17 Americans with Disabilities Act and Rehabilitation Act

The Successful Proposer will comply with all applicable provisions of the Americans with Disabilities Act, the Rehabilitation Act, and all applicable federal regulations. All electronic and information technology and products and services to be used by University faculty/staff, students, program participants, or other University constituencies must be compliant with the Americans with Disabilities Act as amended and the Rehabilitation Act. Compliance means that a disabled person can acquire the same information, engage in the same interactions, and enjoy the same services as a nondisabled person, in an equally effective and integrated manner, with substantially equivalent ease of use.

8.18 Electronic and Information Technology. Any acquisition considered electronic and information technology (EIT) as defined by the Access Board at 36 CFR 1194.4 and in the FAR at 2.101 must comply with Section 508 (36 CFR Part 1194) and, for web-based applications, WCAG 2.0, Level AA Guidelines. In addition, the submission of a completed Voluntary Product Accessibility Template (VPAT) is required so the University of Arizona may ascertain conformance. Proposals or bids without a completed VPAT may be disqualified from competition.

The UA Guide to the VPAT and the templates themselves are available to assist Proposers in this process. See information at http://itaccessibility.arizona.edu/guidelines/purchasing/vpat

8.18.1 EIT is information technology (IT) and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. EIT includes, but is not limited to:

https://www.ecfr.gov/current/title-36/chapter-XI/part-1194 https://www.acquisition.gov/far/2.101 https://www.ecfr.gov/current/title-36/chapter-XI/part-1194 https://www.ecfr.gov/current/title-36/chapter-XI/part-1194 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/19january2021snapshot.epa.gov/sites/static/files/2013-11/documents/vpat.pdf http://itaccessibility.arizona.edu/guidelines/purchasing/vpat

− telecommunication products, such as telephones;

− information kiosks and transaction machines;

− World Wide Web sites;

− software;

− multimedia (including videotapes); and − office equipment, such as copiers and fax machines.

8.18.2 The University of Arizona reserves the right to perform real-world testing of a product or service to validate Proposer claims regarding Section 508 conformance. To facilitate testing, the Proposer will, upon request, provide the University with access to the product being considered for purchase for a period of at least 30 calendar days.

8.19 Conflict of Interest

Pursuant to the provisions of Arizona Revised Statute § 38-511, the Arizona Board of Regents may, within three years after its execution, cancel the Agreement without penalty or further obligation if any person significantly involved in negotiating, drafting, securing or obtaining the Agreement for or on behalf of the Arizona Board of Regents becomes an employee in any capacity of any other party or a consultant to any other party with reference to the subject matter of the Agreement while the Agreement or any extension thereof is in effect.

8.20 Drug Free Workplace

The Successful Proposer agrees that in the performance of the Agreement, neither the Successful Proposer nor any employee of the Successful Proposer shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by the Agreement. The University reserves the right to request a copy of the Successful Proposer’s Drug Free Workplace Policy. The Successful Proposer further agrees to insert a provision similar to this statement in all subcontracts for services required.

8.21 Equal Opportunity

The provisions of Section 202 of Executive Order 11246.41 C.F.R. Sec. 60-1.4.41 C.F.R. Sec. 60-250.4 and 41 C.F.R.

Sec. 60-741.4 are incorporated herein by reference and shall be applicable to the Agreement unless the Agreement is exempted under the rules, regulations, or orders of the U.S. Secretary of Labor.

8.22 Federal, State, and Local Taxes, Licenses and Permits

Successful Proposer is solely responsible for complying with all laws, ordinances, and regulations on taxes, licenses, and permits, as they may apply to any matter under this RFP. The Successful Proposer must demonstrate that they are duly licensed by whatever regulatory body may so require during the performance of the Agreement. Prior to the commencement of Agreement, the Successful Proposer shall be prepared to provide evidence of such licensing as may be requested by the University. Successful Proposer shall, at no expense to the University, procure and keep in force during the entire period of the Agreement all such permits and licenses.

8.23 Inspection and Audit

Pursuant to the provisions of Arizona Revised Statute § 35-214, all books, accounts, reports, files and other records relating to the Agreement shall be subject at all reasonable times to inspection and audit by the Arizona Board of Regents, The University of Arizona or the Auditor General of the State of Arizona, or their agents for five

(5) years after completion or termination of the Agreement.

8.24 Liens

Each Successful Proposer shall keep the University free and clear from all liens asserted by any person or entity for any reason arising out of the furnishing of services or materials by or to the Successful Proposer.

https://www.azleg.gov/ars/38/00511.htm https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1/subpart-A/section-60-1.4 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-741/subpart-A/section-60-741.4 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-741/subpart-A/section-60-741.4 https://www.azleg.gov/ars/35/00214.htm

8.25 Modifications

The Agreement can be modified or rescinded only by a writing signed by both parties or their duly authorized agents.

8.26 Non-Discrimination

The parties shall comply with all applicable state and federal statutes and regulations governing equal employment opportunity, non-discrimination, and immigration.

8.27 Sales and Use Tax

The Successful Proposer agrees to comply with and to require all of his subcontractors to comply with all the provisions of applicable law. The Successful Proposer further agrees to indemnify and hold harmless the University from any and all claims and demands made against it by virtue of the failure of the Successful Proposer or any subcontractors to comply with the provisions of any and all said laws. The University is not exempt from state sales and use tax, except for equipment purchased for research or development. Any equipment ordered as tax exempt shall be invoiced separately from taxable systems, even if purchased on the same purchase order as issued by the University.

8.28 Prohibited Harassment

Federal law and the policies of the University prohibit sexual harassment of University employees or students.

Sexual harassment includes any unwelcome sexual advance toward a University employee or student, any request for a sexual favor from a University employee or student, or any other verbal or physical conduct of a sexual nature that is so pervasive as to create a hostile or offensive working environment for University employees, or a hostile or offensive academic environment for University students. University Proposers, subcontractors, and suppliers for this project are required to exercise control over their employees so as to prohibit acts of sexual harassment of University employees and students. The employer of any person who the University, in its reasonable judgment, determines has committed an act of sexual harassment agrees as a term and condition of the Agreement to cause such person to be removed from the project site and from University premises and to take such other action as may be reasonably necessary to cause the sexual harassment to cease.

8.29 Small Business Utilization Program

The University is committed to its Small Business Utilization Program and to the development of Small Business.

If subcontracting is necessary, the Successful Proposer will make every effort to use Small Businesses in the performance of the Agreement.

8.30 Smoking and Tobacco Policy

This policy applies to the University of Arizona main campus in Tucson, the Arizona Health Sciences Center, the Phoenix Biomedical Center, the College of Applied Science and Technology (UA South) and all University vehicles.

This policy applies to University students, faculty, employees, contractors, volunteers, and visitors on its campuses and in its vehicles. To view the complete policy, click on https://policy.arizona.edu/ethics-and-conduct/smoking-and-tobacco-policy.The Successful Proposer is expected to respect this tobacco free policy and fully comply with it.

8.31 Export Control

Each party shall comply with all applicable export control laws and economic sanctions programs. Applicable export control or economic sanctions programs may include U.S. export control laws such as the Export Administration Regulations and the International Traffic in Arms Regulations, and U.S. economic sanctions programs that are or may be maintained by the U.S. Government. The parties will comply with U.S. export control and U.S. economic sanctions laws with respect to the export (including a deemed export) or re-export of U.S.

origin goods, software, services and/or technical data, or the direct product thereof.

8.32 No Boycott of Goods or Services from Israel

If the Goods/Services provided under this Agreement include the acquisition of services, supplies, information technology or construction with a value of at least $100,000 and Supplier is engaged in for-profit activity and has 10 or more full-time employees, then, to the extent required by ARS § 35-393.01, Supplier certifies it is not currently engaged in, and during the term of this Agreement will not engage in, a boycott of goods or services from Israel.

8.33 No Forced Labor of Ethnic Uyghurs

To the extent required by A.R.S. § 35-394, Successful Proposer certifies it is not currently, and during the term of this Agreement will not use: 1) the forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of the ethnic Uyghurs in the People’s Republic of China. If the Successful Proposer becomes aware during the term of the awarded agreement that it is not in compliance with this written certification, it shall notify U o A within five (5) business days of becoming aware of the non-compliance.

8.34 Safety Standards

To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations, in effect or proposed as the date of this Agreement, which shall include the following guidance provided by OSHA, available at the following link https://www.osha.gov/common-respiratory-illnesses/covid-19.

In addition, Contractor, Contractor employees, and/or subcontractors who will be performing work in University of Arizona locations, indoor or outdoor, must review and abide by the mask requirements listed at:

https://covid19.arizona.edu/face-coverings

8.35 Arbitration

The parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to ARS § 12-133.

8.36 Travel