YC_RFP_26-374_-_Advertising_Firm_for_Multstate_Marketing_Campaign_all_appendices.pdf

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Updated 07/01/24

APPENDIX A: OFFER AND ACCEPTANCE

SUBMISSION OF OFFER: The Undersigned hereby offers and agrees to provide goods and/or services in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below:

Initial Offer:

Date Signature

Best and Final Offer:

Date Signature

Offeror Company Name Signature of person authorized to sign Offer

Street address Printed name and title

City, State ZIP Contact name and title

Contact email address Contact phone number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State

Executive Order 2009-9 or A.R.S. §§ 41-1461 through -1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. Pursuant to A.R.S. § 38-501 - 38-511 and Yavapai College Policy 2.20, Conflict of Interest, there is no officer or employee of Yavapai College who has, or whose relative has, a substantial interest in any contract, sale, purchase, or service resulting from this request.

4. Complies with A.R.S. § 18-132 when offering electronics or information technology products, services, or maintenance;

5. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time. After 180 days, the Offer will remain open unless revoked by Offeror via written withdrawal of Offeror’s proposal in accordance with the Arizona Procurement Code;

6. Did not and will not involve collusion or other anti-competitive practices; and

7. Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.

Acceptance of Offer

The offer is hereby accepted. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the college.

This contract shall henceforth be referred to as contract # . The effective date of the Contract is .

The Contractor is cautioned not to commence any billable work or to provide any materials or services under this contract until Contractor receives a purchase order, contract release document or written notice to proceed from an authorized employee.

Name of authorized signatory for Yavapai College Name of authorized Signatory for Contractor

Signature of authorized signatory for Yavapai College Signature of authorized signatory for Contractor

Date Date

Yavapai College Procurement & Contract Services

1100 E Sheldon Street Prescott, AZ 86301 https://www.azleg.gov/arsDetail/?title=38 https://www.yc.edu/v6/policies/docs/200hr/220-conflictinterest.pdf

Initial Offer:

DateBest and Final Offer:

Offeror Company Name:

Street address:

Printed name and title:

City State ZIP:

Contact name and title:

Contact email address:

Contact phone number:

The Contractor is cautioned not to commence any billable work or to provide any materials or services under this contract until Contractor receives a:

undefined:

Date_2:

Date_3:

Please provide a listing of three (3) references for which your firm has provided exact or similar products and/or services within the last three (3) years. Any Offeror who does not provide complete references may be eliminated from the selection process as nonresponsive. Please note that YC will:

• Prefer references from higher education institutions.

• Not accept itself as a reference.

• Consider references in its decision to award a contract according to the evaluation criteria identified in the Solicitation.

• Not call Offerors to tell them that their references will be contacted because all references provided will be contacted by the YC during the selection process; however, YC reserves the right to contact references for only those firms considered for award.

• Not work through an Offeror’s Reference Manager to complete a reference.

Please confirm that each reference is willing to complete a short questionnaire via email and inform the reference that they may be contacted by a College representative.

1 Company Name Contact Name and Title Begin Date End Date

Address

Phone Number Email Address

Description of products/ services provided:

2 Company Name Contact Name and Title Begin Date End Date

3 Company Name Contact Name and Title Begin Date End Date

Updated 07/01/24 Page 1 of 1

APPENDIX B: REFERENCES

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APPENDIX C: SUBSTITUTE W-9 FORM

DO NOT SEND TO

IRS

► TAXPAYER IDENTIFICATION NUMBER (TIN): ☐ Social Security Number (SSN) Employer Identification Number (EIN) ☐

► BUSINESS NAME & DBA if applicable (must match TIN above):

► Do you collect Sales Tax on behalf of the State of Arizona? YES NO ► If YES, provide Arizona License #: ► Sales/ Use tax rate charged % ► DUNS #:

REMIT TO ADDRESS:

► Street Address Line 1:

► Street Address Line 2:

► City: ► State: Zip:

► Phone: ► Email:

► Accounts Receivable Contact Name:

PROCUREMENT ADDRESS (IF APPLICABLE, PURCHASE ORDER WILL BE EMAILED TO SUPPLIER):

► Street Address Line 1:

► Street Address Line 2:

► City: ► State: Zip:

► Phone: ► Email:

► Purchase Order Contact Name:

► Check appropriate box for federal tax classification; check only ONE of the following seven boxes. See IRS Form W-9 for instructions https://www.irs.gov/pub/irs-pdf/fw9.pdf .

Individual/sole proprietor or single-member

LLC

C

Corporation

S

Corporation

Partnership

Trust/ Estate

Other

Exemption (codes apply only to certain entities, not individuals; see instructions on page 3 of IRS Form linked above):

Exempt payee code (if any):

Exemption from FATCA Reporting code (if any):

(Applies to accounts maintained outside the US)

Limited liability company. Enter the tax classification ► (C=C corporation, S=S corporation, P=Partnership)

Note: For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.

FEDERAL SUPPLIER TYPE – Check all that apply:

Service Disabled

Veteran Owned (VD)

Veteran Owned

(VO)

Small Disadvantaged

(SD)

Minority Institution

(MI)

Women Owned

(WO)

HUB Zone (HZ)

CREDIT CARDS

► Does your business accept payment via credit card? YES NO ► If yes, do you charge an additional fee? %

CERTIFICATION

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me),

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the

Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me I am no longer subject to backup withholding,

3. I am a U.S. person (including a resident alien).

4. Pursuant to A.R.S. § 38-501 - 38-511 and Yavapai College Policy 2.20, Conflict of Interest, there is no officer or employee of Yavapai

College who has, or whose relative has, a substantial interest in any contract, sale, purchase, or service resulting from this request.

Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.

The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding.

► Signature of U.S. Individual: ► Date:

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.azleg.gov/arsDetail/?title=38 https://www.yc.edu/v6/policies/docs/200hr/220-conflictinterest.pdf

BUSINESS NAME DBA if applicable must match TIN above:

BUSINESS NAME DBA if applicable must match TIN above_2:

REMIT TO ADDRESS:

DUNS:

Street Address Line 1:

City:

Zip:

Email:

Zip_2:

Accounts Receivable Contact Name:

Email_2:

PROCUREMENT ADDRESS IF APPLICABLE PURCHASE ORDER WILL BE EMAILED TO SUPPLIER:

Street Address Line 1_2:

City_2:

Zip_3:

Email_3:

Zip_4:

Purchase Order Contact Name:

Email_4:

Check appropriate box for federal tax classification check only ONE of the following seven boxes See:

Exempt payee code if any:

Reporting code if any:

Date:

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APPENDIX D: CERTIFICATIONS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS.

As prescribed in 9.104-7(a) of the Federal Acquisition Regulation:

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are ☐ are not ☐ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ☐ have not ☐ , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are ☐ are not ☐ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have ☐ , have not ☐ , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax https://www.acquisition.gov/far/9.104-7#FAR_9_104_7 https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

Updated 07/01/24 Page 2 of 3 because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(E) The Offeror has ☐ has not ☐ , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS.

As prescribed at 9.104-7(b), insert the following provision: (where the resultant contract value is expected to exceed $600,000).

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means— https://www.acquisition.gov/far/9.104-7#FAR_9_104_7

Updated 07/01/24 Page 3 of 3

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ☐ has ☐ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

Company name Signature of person authorized to sign https://www.sam.gov/ https://www.acquisition.gov/far/52.204-7#FAR_52_204_7

Company name:

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If taking exceptions, the table below must be completed. Attach additional pages as needed.

COLLEGE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM. OFFERS WITH EXCEPTIONS MAY BE FOUND NOT SUSCEPTIBLE FOR AWARD OR RECEIVE LOWER SCORES DURING EVALUATION. IF NEITHER BOX IS CHECKED BELOW, THE OFFEROR’S RESPONSE WILL BE CONSIDERED “YES” AND COLLEGE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.

Check one of the following:

YES – Offeror acknowledges that it has read and understands entire Solicitation including Appendices, Exhibits, and Amendments (if applicable) and attests that its Offer complies with all.

NO – Offeror acknowledges that it has read and understands entire Solicitation including Appendices, Exhibits, and Amendments (if applicable) and attests that its Offer complies with all EXCEPT FOR the exceptions listed in the table below.

Solicitation Section, Page #, Term/ Condition

RFP Language (Copy and Paste from Solicitation)

Alternate Language and Rationale

Alternate Language:

Rationale:

Company name

Signature of person authorized to sign

APPENDIX E: CONFORMANCE STATEMENT

Alternate Language and Rationale:

Solicitation Section Page Term ConditionRow1:

RFP Language Copy and Paste from SolicitationRow1:

Alternate Language Rationale:

Solicitation Section Page Term ConditionRow2:

RFP Language Copy and Paste from SolicitationRow2:

Alternate Language Rationale_2:

Solicitation Section Page Term ConditionRow3:

RFP Language Copy and Paste from SolicitationRow3:

Alternate Language Rationale_3:

Solicitation Section Page Term ConditionRow4:

RFP Language Copy and Paste from SolicitationRow4:

Alternate Language Rationale_4:

Company name:

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APPENDIX F: BOYCOTT OF ISRAEL DISCLOSURE

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

• The Solicitation or Contract has an estimated value of less than $100,000;

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; and/or

• Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. § 35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

a. Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

b. In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

3. "Public entity": (a) Means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. § 35-393.03.

In compliance with A.R.S. § 35-393 et seq., all offerors must select one of the following:

☐ The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. I understand that my entire response will become a public record in accordance with A.A.C. R2-7-C317.

☐ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. § 35-393 et seq.

☐ Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

☐ Solicitation or Contract has an estimated value of less than $100,000;

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company Name Signature of person authorized to sign

City, State ZIP Email address

Phone number https://advance.lexis.com/document/?pdmfid=1000516&crid=1d22ae96-91e7-4fa9-b751-02b4d725faa3&pddocfullpath=%2Fshared%2Fdocument%2Ffe%2Furn%3AcontentItem%3A654C-M4F3-GXF6-84SC-00000-00&pdcontentcomponentid=4313&pdteaserkey=sr0&pditab=allpods&ecomp=rd-zk&earg=sr0&prid=a8f940d3-c58d-4e64-9124-f2bfdcdb31d8

Company Name:

Street address:

Printed name and title:

City State ZIP:

Email address:

Phone number:

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APPENDIX G: CONFIDENTIAL INFORMATION DESIGNATION

Updated 07/01/24 Page 1 of 2

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(51).

Complete this form and return it with your Offer along with the appropriate supporting information to assist the College in making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

COLLEGE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.

Check one of the following – if neither is checked, College will assume that it is equivalent to “DOES NOT”:

☐ This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

☐ This response DOES contain trade secret information because it contains information that:

Is a formula, pattern, compilation, program, device, method, technique or process;

Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(51) will become public in accordance with A.A.C. R2-7-C317. College may make its own determination on materials in accordance with A.A.C. R2-7-103.

If College agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror agrees to indemnify and hold the College, its agents and employees, harmless from any claims or causes of action relating to the College’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the College in defending such an action.

APPENDIX G: CONFIDENTIAL INFORMATION DESIGNATION

Updated 07/01/24 Page 2 of 2

Attachment: Confidential Information Designation (for reference only) A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Company Name:

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APPENDIX H: FORCED LABOR OF ETHNIC UYGHURS BAN

Please note that if any of the following apply to the Contractor, then the Offeror shall select the “Exempt Contractor” option below:

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; OR

• Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, written certification is required to show that the company entering into a contract with a public entity does not use the forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. § 35-394:

1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

In compliance with A.R.S. §§ 35-394 et seq., all offerors must select one of the following:

☐ The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the following:

• Forced labor of ethnic Uyghurs in the People’s Republic of China;

• Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

• Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

☐ The Company submitting this Offer does participate in use of Forced Uyghurs Labor as described in A.R.S. § 35-3 ☐ Exempt Contractor

Indicate which of the following statements applies to the Contractor (may be more than one):

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company Name:

Street address:

City State ZIP:

Phone number:

Printed name and title:

Email address:

Check Box1: Off

Check Box2: Off

Check Box3: Off

Check Box4: Off

Check Box5: Off

Check Box6: Off

APPENDIX I: LETTER OF INSURABILITY

The Offeror shall provide a Letter of Insurability from the Insurance Company as a proof that the Offeror currently possesses the required coverage, conditions, and limits as described within section 23 of the Solicitation Terms and Conditions or the Offeror is able to obtain the required coverage, conditions, and limits as described within section 23 of the Solicitation Terms and Conditions should a contract be awarded to them.

The Letter of Insurability (and any additional letters) should be clearly marked as

RFPXX-XXX_[Company Name]_Appendix_I

NOTE: If Awarded a Contract, The Offeror shall provide a Certificate of Insurance (e.g. ACORD forms) and associated policy endorsement(s) prior to beginning service(s) under the Contract.

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APPENDIX J: SOLICITATION TERMS & CONDITIONS

Proposals that take exception to any Terms & Conditions stated within this Request for Proposal may cause the proposal to be considered non-responsive or may result in cancellation of contract if already awarded.

The following are definitions as set forth in these Terms & Conditions:

• Supplier means a person or firm in the business of selling or otherwise providing products, materials or services.

• Offeror means a Supplier making an offer in response to a Request for Proposal.

• Contractor means any person or firm who has a contract with YC; a successful Offeror who is awarded a contract with YC becomes a Contractor.

• YC means Yavapai County Community College District d.b.a. Yavapai College.

• Contract means the eventual contract awarded by YC to the successful Offeror.

These Terms & Conditions, which become part of any award made from this Solicitation, constitute the provisions of the Contract to be executed between YC and the successful Offeror. YC reserves the right to negotiate with the successful Offeror and modify any of the provisions of the agreement upon mutual agreement of the parties.

1. Advertising and Promotion of Contract: The Contractor shall not advertise or publish information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

2. Arbitration: In accordance with ARS § 12-1518, the parties to agree to resolve all disputes arising out of or relating to this Contract through arbitration, after exhausting applicable administrative review except as may be required by other applicable statutes.

3. Assignment: Contractor shall not, directly or indirectly, in whole or in part, sell, transfer, assign, convey, pledge, encumber or otherwise dispose of the resulting contract without first obtaining the written consent of YC’s Director of Purchasing and Contracts or designee.

4. Binding Effect: The parties agree that the resulting contract shall be binding upon their respective successors, assigns or transferees of any nature, if assignment and/or transfer are permitted in accordance with the terms of the resulting contract.

5. Charges Outside Scope of Agreement: Charges of the Contractor for services not permitted by or beyond the scope of the resulting contract shall be an expense of the Contractor and not of or reimbursable by Yavapai College unless pre-approved in writing by the Director of Procurement and Contract Services or designee.

6. E-Verify: Contractor warrants compliance with all federal immigration laws and regulation that relate to their employees and A.R.S. § 23-214 (A). A breach of this warranty shall constitute a material breach of this Contract that is subject to penalties up to and including termination of this Contract at the sole discretion of the non-breaching party. YC retains the legal right to inspect the papers of any contractor or subcontractor employee of the other party who works on this Contract to ensure that the contractor or subcontractor is complying with this warranty. Contractor will not be considered in material breach of this Contract if the Contractor establishes it has complied with the employment verification provision prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A).

7. Confidential Information

7.1 Confidential Information Defined: For purposes of this Contract, Confidential Information, including data, is defined as any and all YC information and data whose collection, sharing, Updated 09/17/25 Page 2 of 14 dissemination, use, preservation, disclosure, protection, storage, destruction, and/or disposition is governed by federal, state, local and/or international law or regulation. Confidential Information includes, but is not limited to, Social Security Numbers, student records, student financial records regarding students (or their parents or sponsors), financial and personal information regarding YC employees and students, protected health information (as identified by the Health Information.

Portability and Accountability Act), and other personally identifiable information protected by applicable law or regulation. In addition, Confidential Information includes data and other information that is proprietary to or developed by YC such as institutional financial and performance records. Confidential Information does not include information the receiving party already knows;

information that becomes available to the public except as a result of disclosure by the receiving party in violation of this Contract; and information that becomes known to the receiving party from a source other than the disclosing party on a non-confidential basis.

7.2 Use of Confidential Information: Contractor agrees that the Confidential Information provided to it during the Contract or to which it may potentially have access, during the provision of services related therein, shall be used only and exclusively to support this Contract, service and service execution and not for any other purpose. The receiving party will limit access to Confidential Information to its employees whom need to know the Confidential Information in order to carry out the activities under this Purchase Order, and will instruct those employees to keep the information confidential.

7.3 Contractor Safeguards: During the term of the Contract , Contractor will maintain appropriate administrative, technical and physical safeguards to protect the security and privacy of Confidential Information in use, in motion, or in rest. The safeguards include, but are not limited to, implementation of adequate privacy and security policies and data breach response plans that comply with industry standards and the requirements of applicable laws and the regulatory agencies responsible for enforcing them.

7.4 Reporting Incidents: Contractor shall inform YC’s Chief Information Security Officer and Director of Procurement and Contract Services by sending an email to Neil.McComsey@yc.edu and procurement@yc.edu immediately, and in no event later than one (1) business day if Contractor and/or its agents have reason to believe that an actual or suspected security incident (unauthorized access and/or misappropriation of Confidential Information) or any other circumstances has occurred in which YC may be required to perform a risk assessment and/or provide a notification under applicable law, at which point YC external legal counsel will determine any additional information needed or steps to be taken, and will make a legal determination regarding its course of action. Any such notice will provide a description about the Confidential Information that was accessed as Contractor has available at the time of notice.

7.5 Transmission Outside of The United States: To the extent that the Contractor transmits or processes YC Confidential Information outside of the United States, it agrees to comply with the data security and privacy laws of each country through which such information is transmitted or processed, as well as the data security and privacy laws of the jurisdiction of residence for the individuals whose data is used by the Contractor. If Contractor, employees, or any tier of the Contractor’s agent(s) in the performance of this Purchase Order hosts or maintains YC Confidential Information on its technology, Contractor warrants and confirms that the hosting or maintenance of that information meets the applicable legal and industry security standards, including qualifying for the “safe harbor” rules under applicable data breach laws.

8. Contract Administration: Contractor must notify Procurement and Contract Services for guidance or direction of matters of contract interpretation or problems regarding the terms, conditions or scope of this contract.

9. Contract Documents: The Solicitation, Plans, Specifications, Special Provisions, Addenda (if any), Bid Proposal and Schedule (as accepted by the Owner), this Contract, Certificates of Insurance if required, and Change Orders are by this reference the Contract Documents and are made a part of the Contract to the same extent as if set forth herein in full.

10. Contract Format: The resulting award notice will incorporate this Solicitation, the response thereto, all mailto:Neil.McComsey@yc.edu mailto:procurement@yc.edu

Updated 09/17/25 Page 3 of 14 additional agreements and stipulations, and the results of any final negotiations. All of these documents will constitute the final contract.

11. Contract Modification: Any changes to the resulting contract (including any renewals, or amendments of any type) must be agreed upon both parties and approved in writing by YC’s Director of or his/her designee and the resulting contracting company’s authorized signatory.

12. Contract Renewal: Written notice of any intent for renewal will be given by YC to the Contractor thirty-days (30) before the end of the resulting contract, if YC determines that such action is in the best interest of YC. If the Contractor does not wish to renew the contract, written notice must be given to YC’s Director of Procurement and Contract Services for consideration at least ninety (90) calendar days prior to the end of the resulting contract period.

13. Contract Status: The response to this Solicitation will be considered as an offer to contract.

After final negotiations, YC in accordance with the section below will issue an acceptance of the Solicitation offer.

14. Contract Termination

14.1 Termination for Non-Appropriation: If the Yavapai College District Governing Board determines, at its sole discretion, not to allocate sufficient funds for YC to uphold the resulting Contract, YC has the right to terminate the resulting Contract upon (30) thirty-days written notice. No liability shall accrue to YC in the event this provision is exercised, and YC shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

14.2 Termination for Bankruptcy: YC may terminate the resulting contract immediately if the Contractor files for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors.

14.3 Termination for Conflict of Interest: Pursuant to A.R.S. 38-511, YC may cancel this 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 YC is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when upon receipt of written notice of the cancellation unless the notice specifies a later time.

14.4 Termination for Convenience: YC reserves the right to terminate the resulting Contract, in whole or in part at any time, when in the best interests of YC without penalty recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to YC. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to YC. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of the termination.

YC shall receive refund of any prepaid payments and fees covering the remainder of the term after the effective date of the termination.

14.5 Termination of Default: In the event that the Contractor breaches any of the terms and provisions of the Contract, YC reserves the right to accurately and specifically describe the unsatisfactory performance or condition in a written notice by electronic mail (e-mail) or registered or certified mail to the Contractor requiring that the breach be corrected within ten

(10) calendar days from the date Contractor receives the notice. If the breach is not cured or corrected within this time, YC may take any one or more of the following actions:

14.1.1 Immediately terminate the resulting Contract, reserving all rights or claims to damage for breach of any covenants of the Contract;

14.1.2 Perform any test or analysis on materials (equipment/products) for compliance with the specifications of the contract. If the results of any test or analysis find a non-compliance with the specifications, the actual expense of testing shall be borne by the Contractor;

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14.1.3 Purchase or obtain materials and/or services from another Contractor, or complete the required work in accordance with the needs of YC. YC may recover any actual excess costs from the Contractor by:

a. Deduction from an unpaid balance;

b. Refund of prepaid payments and fees covering the remainder of the term after the effective date of the termination;

c. Collection against the bid and/or performance bond, or;

d. Any combination of the above or any other remedies as provided by law.

14.6 Termination for Gratuities: YC may, by written notice, terminate this Contract, in whole or in part, if YC determines that employment or gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of YC for the purpose of influencing the outcome of the procurement or securing the Contract, an Amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about Contract performance. YC, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three

(3) times the value of the gratuity offered by the Contractor.

14.7 Termination for Suspension or Debarment: YC may, by written notice to the Contractor, immediately terminate this Contract if YC determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an offer or execution of a contract shall attest that the Contractor is not currently suspended or debarred. If the Contractor becomes suspended or debarred, the Contractor shall immediately notify YC.

15. Contractor’s Risk: Contractor agrees to bear all risk of loss, injury, or destruction of goods and materials ordered as a result of this Request for Proposal, which occurs prior to delivery to YC; and such loss, injury, or destruction shall not release Contractor from any obligation hereunder.

16. Cooperative Purchasing: Any contract resulting from this solicitation shall be for the use of YC. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with YC’s Procurement and Contract Services are eligible to participate in any subsequent contract.

Additionally, the resulting contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See https://mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that these lists are subject to change.

Any orders placed to, or services required from, the successful Contractor will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The resulting Contractor may negotiate additional expenses incurred as a result of participating agencies’ usage of the resulting contract (i.e., freight charges, travel related expenses, etc.).

Additionally, the resulting Contractor may negotiate pricing adjustments (upwards or downwards) based upon the participating agency’s requirements.

YC shall not be responsible for any disputes arising out of transactions made by others.

17. Entire Agreement: The resulting contract expresses the totality of the terms of the agreement between the parties. Any verbal representation shall have no force or effect whatsoever.