Active SLED Opportunity · ARIZONA · MOHAVE EDUCATIONAL SERVICES COOPERATIVE
AI Summary
Mohave Educational Services Cooperative seeks proposals for network firewall consulting, management, upgrade, and testing services to support approximately 480 public agencies statewide. The contract includes software and services with an initial one-year term and four optional extensions. Proposals are due July 24, 2026.
In order to gain economies of scale, Mohave is formally soliciting sources for network firewall consulting, management, upgrade and testing as specified within this Request for Proposal. These products/services are requested for Mohave’s statewide membership of approximately 480 public agencies. Members currently eligible to participate in any awarded contract(s) as of June 22, 2026 are included in the attachment titled, RFP 26L-0724 Current Mohave Members.pdf. However, other members may be added during the term of an awarded contract(s). Members that are added during the term of an awarded contract(s) are responsible for determining if their purchases would materially increase any volume provided in the original solicitation. A current list of all members can be found on Mohave’s website at www.mesc.org. Contracts, in whole or in part, shall be awarded to offeror, or offerors, for an initial one (1) year term and four (4) potential one-year extensions (contract modification).
The scope of work and specifications define the quality and characteristics of the desired materials and application. The specifications are not intended to be exclusive or to restrict competition. Offerors may offer alternate solutions which meet the quality and performance characteristics in the specifications. Mohave shall review such offers and be the final judge on the acceptance of any alternate solutions.
Based on a Mohave survey, six (6) of our members have indicated interest in the use of this new contract with the anticipated volume of $55,000. However, this survey does not represent all members who might use this contract over the term of the contract. The survey amount provided is not representative of a stated budgetary spend, maximum/minimum allowable spend, and is not to be considered an estimate of volume under an awarded contract. The discount and pricing schedule shall apply regardless of the volume of business under the contract.
Contract vendor shall not perform any construction under this contract. For the purposes of this contract, construction is defined as: The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. Construction does not include:
- The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings, or real property.
- The investigation, characterization, restoration, or remediation due to an environmental issue of existing facilities, structures, buildings, or real property.
Offeror shall not advertise or publish information concerning this solicitation prior to an award being announced by Mohave. After award, contract vendor(s) may advertise the availability of contracted products, materials, processes, and services to members. Any promotional marketing materials using the Mohave logo shall be approved by a Mohave Contract Specialist in advance.
Proposals should provide straightforward, concise information that satisfies the requirements. Emphasis should be placed on conformity to the requirements, as well as the completeness and clarity of the submitted content.
A proposal submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after specified due date and time.
Offeror shall provide a project plan that describes how the offeror intends to implement the plan.
This information shall include, but not be limited to:
a. Account team structure (for a Mohave contract) and role which includes, but is not limited to: description of sales contact process, account team support, and periodic account review processes.
b. Communication process with Mohave and its members.
c. Standard delivery time for products/services after receipt of purchase order.
d. Contract vendor training of staff assigned to specifically administer, sell products or services, or monitor duties and processes under an awarded Mohave contract.
e. Specific value-added services that may benefit members.
f. Indicate how you will ensure your sales staff does not sell products or services that are not on contract.
g. Are there any limitations to the types of members that you will provide services to? If so, indicate what those limitations are.
An online survey has been created to allow for the collection of reference information from Arizona public agencies where you have successfully accomplished work or sold products and services in the past five (5) years, for specific products/services similar to this solicitation. Provide the following link to Arizona public agencies who can provide reference information for your firm: https://www.surveymonkey.com/r/RFP26L0724
The above survey is now active and will remain active until the due date and time for this solicitation. It is recommended that you send this link to as many Arizona public agencies as you determine to be appropriate, in order to ensure that Mohave receives a minimum of three (3) completed surveys.
If you cannot provide the link to three (3) Arizona public agencies, provide the link to other public agencies not located in Arizona. If you cannot provide the link to public agencies, do so with private business entities.
RFP Questions Must Be Directed To:
Michael Nentwig, CPPB, Email: contracts@mesc.org Telephone: (928) 718-3204
Questions may also be submitted through the OpenGov Procurement “Questions and Answers” tab.
Last Day For Questions: Friday, July 17, 2026, 5:00 p.m. (local Arizona time)
Use this area to enter solicitation specific instructions, restrictions, and/or limitations.
Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any contract awarded by Mohave will be conditioned upon the availability of member funds.
Pre-proposal Conference Held: Wednesday, July 8, 2026, 10:00 AM (local Arizona time)
For login, contact the Contract Specialist, no later than Tuesday, July 7, 2026.
A. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials in each installment or lot under this contract and may not substitute nonconforming materials. Mohave reserves the right to declare a breach of contract if contract vendor delivers nonconforming materials to any member under this contract.
B. Defective goods: Contract vendor agrees to arrange and pay for return shipment of goods that arrive in a defective or non-operable condition.
C. Delivery time: Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order.
D. Improper delivery: If the goods or tender of delivery fail in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit or units and reject the rest.
E. Liens: All materials shall be free of liens.
F. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member’s site. Restocking fees in excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Restocking and return shipping charges shall be identified in the price workbook.
G. Serial numbers: Offers shall be for equipment on which the original manufacturer’s serial number has not been altered in any way.
H. Title: This is a contract primarily for software. This contract includes products for software. As such, references to “title” passing in the general terms and conditions are interpreted as “right to use” or similar.
A. Cancellation Process: The following requirements shall apply to all cancellation notices issued under an awarded contract:
1. A written notice of cancellation shall be sent to contract vendor, and the effective date of cancellation shall be the date specified within the written notice of cancellation.
2. Upon cancellation, all products, materials, processes, and services paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.
3. Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation.
4. Cancellation shall have no effect on projects in progress prior to the effective date of the cancellation.
5. Contract vendor is obligated to continue submitting monthly reconciliation reports and administrative fee payments until all purchases are complete and closed.
B. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract holder is sold and ownership is transferred to a new party.
C. Cancellation for conflict of interest: In accordance with A.R.S. § 38-511, Mohave may cancel the contract within three (3) years after contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of Mohave is or becomes at any time while the contract, or an extension of the contract is in effect, an employee of or a consultant to any party to the contract with respect to the subject matter of the contract. The cancellation shall be effective when contract vendor receives written notice of the cancellation unless the notice specifies a later time.
D. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or in part, when Mohave determines that action to be in the best interests of its members.
E. Cancellation for no or low-usage: Mohave may terminate any contract if members have not used the contract, or if purchase volume is determined to be “low volume” in any twelve (12) month period.
F. Cancellation for non-performance or contract vendor deficiency: Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term, or condition of the contract. Mohave may issue a written deficiency notice to contract vendor for acting or failing to act in any of the following:
1. Failing to comply with the accepted terms and conditions of the contract;
2. Providing material that does not meet the specifications of the contract;
3. Providing work and/or material that was not awarded under the contract;
4. Failing to adequately perform the services set forth in the scope of work and specifications;
5. Failing to complete required work or furnish required materials within a reasonable or specified amount of time;
6. Failing to make progress in performance of the contract and/or giving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract; or,
7. Performing work or providing products, materials, processes, or services under the contract prior to receiving a Mohave reviewed member purchase order for such work.
Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials, and work paid for by member, along with documents, data, and reports prepared by contract vendor under the contract shall become the property of member.
G. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation, if a new solicitation has been issued and a contract has been awarded to the same contract vendor for similar products, materials, processes, and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to delay or replace the contract rests solely with Mohave.
H. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract modification). Termination shall have no effect on projects in progress at the time the notice of cancellation is received by Mohave.
I. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice.
J. Gratuities: If Mohave determines that any contract vendor or an employee of contract vendor has offered, conferred, or agreed to confer any personal gift or benefit on any employee of Mohave or a member employee who supervised or participated in the planning, recommending, selecting, or contracting of the contract, in accordance with A.R.S. § 15-213(O), Mohave may, by written notice, terminate the contract, in whole or in part. Officers, employees, and agents are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors or parties of subcontractors under an awarded contract. Paying the expenses of normal business meals shall be in accordance with each member’s policy regarding gratuities. Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation are not considered gratuities.
K. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole or in part, if Mohave determines that employment or a gratuity was offered or made by the contract vendor or a representative of the contract vendor to any officer or employee of the school district or school purchasing cooperative 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 making of any determination or decision about contract performance.
A. Contract vendor documents: If a firm submitting an offer requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the proposal. If awarded a contract, any additional contract vendor’s documents shall not become part of Mohave’s contract unless, and until, an authorized representative of Mohave reviews and approves them. Contract vendor agrees to provide Mohave a copy of any agreements that are revised during the term of an awarded contract, prior to having the member sign the agreement.
B. Form of contract: The form of contract for this solicitation shall be the Request for Proposal, any issued amendments, best and final offer(s), the awarded proposal(s), contract modifications, and properly issued and reviewed purchase orders referencing the awarded contract number.
C. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.
The term contract shall be a percent of discount off manufacturer’s price list or catalog, fixed price, or a combination of both with indefinite quantities.
a. Provide a detailed description of how your firm would conduct an intrusion test of a network firewall.
b. Provide a sample member procedure that outlines help desk operations, work order flow, problem escalation and notifications provided throughout the problem resolution process.
A. Provide a list of the software modules offered with a brief overview. Include screenshot(s) for the main modules.
B. Provide a list and samples of the types of reports your software program can generate.
C. Describe your standard implementation process to include, but not be limited to: average time per module, average data transfer time, and average timeline for training of end-users.
D. Does your firm offer members a hands-on trial in which they upload a sample data set for testing?
Yes / No - If yes, describe the process.
E. Does your program provide a web services-based Application Programming Interface (API) to extend functionality and integrate third-party solutions?
Yes / No - If yes, provide comprehensive documentation about your API. If no, provide information on if your firm intents to offer API and when.
F. Does your program integrate with any government software for meal programs?
Yes/No - If Yes, please identify which programs and the steps required for integration.
G. Does your software integrate with any Student Information System(s) (SIS)?
Yes / No - If yes, provide a list of compatible systems.
H. Does your software integrate with any local food vendors or producers for sales and delivery?
Yes / No - If yes, provide a list of compatible vendors and the system offered.
I. Describe any software customization your firm offers.
J. Does your firm’s software offer documents and screen views in languages other than American English?
Yes / No - If yes, list the languages your programs offer.
K. Does your firm’s software require two-factor authentication?
Yes / No - If no, does your firm have plans to implement a two-factor authentication process?
L. Does your firm provide merchant services or financial services which allows a member to accept credit card or bank debit card transactions while using online ordering or stationary POS systems?
Yes / No - If yes, do you provide these services yourself or are they subcontracted?
M. If your firm provides merchant services, are these services compliant per PCI and EMV standards? Yes / No
N. Provide a general statement of education, training, and experience for your implementation personnel. Include if the implementation personnel are employees of your firm, consultants, or both.
O. Provide a list of commonly used administration financial software systems with which your products may interface.
P. Indicate the required and recommended environment(s), platform(s), and operating system(s), in which your software will operate.
Q. Does your firm make special considerations upgrades to grandfathered systems?
R. When does your firm do system backups, patches, and upgrades (e.g., set number of hours between process; certain days of the week; set frequency; or set time of day)?
S. Describe your firm’s licensing model/structures, then select the appropriate model title and structure from the tables below.
T. Indicate (x) your licensing model:
U. Indicate (X) your licensing structure within your licensing model (if different)
V. If your firm’s model includes subscription-based license(s), what terms does your firm offer (e.g., monthly, quarterly, semester, school year, fiscal year)? If multiple options are available, please explain how a member would decide which term option to use.
X. Explain the licensing distribution (e.g., per machine, per user, classroom license, department license, site license, district wide license), include any special parameters.
Y. Does your firm offer customizable licensing structures? Yes / No
Z. Does your firm require audits of the license(s)?
Yes / No If Yes, how often and who is responsible for conducting the audit?
AA. Does your platform offer general usage reports (e.g., page hits)? Yes / No
AB. What is your platform’s average downtime?
AC. When adding products does your firm experience downtime for updates?
Yes / No - If Yes, what is the average downtime?
AD. What is your firm’s average recovery time for data lost during an outage or disruption to a meal service?
AE. Provide your firm’s disaster recovery plan, including backup frequency, data restoration time, and procedures for maintaining operations during an outage.
AF. Does your firm sell member data to third parties?
Yes / No - If yes, how do members opt out?
AG. Does your software include advertising windows?
Yes / No - If yes, what determines the ads that are shown?
AH. How does a member decline certain types of ads?
AI. Provide a roadmap for any software upgrades or company expansions anticipated within the next five years.
The weighted award criteria for this solicitation, in relative order of importance, are as follows:
Award(s) shall be made to the responsive and responsible offeror(s) whose proposal(s) is/are determined in writing to be most advantageous to Mohave for its members.
Responsive and responsible offeror(s) shall provide the following requirements:
1) Pricing Information (30 Points): Completed pricing workbook, price schedules, additional requested price information, volume discount information, quick pay discount information, Pcard/credit card acceptance information, travel description, extended warranty, or maintenance service plan information;
2) Offer and Acceptance, Terms and Conditions, Scope of Work and Specification Documents (25 Points): Offer and Acceptance Form, Confidential/Proprietary Submittal, amendments (if any), General and Special Terms and Conditions Acceptance, Scope of Work, Specifications with exceptions/deviations noted, Scope of Work and Specifications Acceptance Form, Anti-Lobbying Certification Form, USDA Form AD-1048, and EDGAR Certification;
3) Primary Vendor Information (25 Points): Complete response to the Method of Approach and Qualification and Experience pages, references (past performance information), certificate of insurance, and financial information;
4) Supporting Contract Documents (10 Points): Completed supporting contract documents, support and maintenance information, sample supplemental or end-user agreements;
5) Additional Information (10 Points): Instructions to Offeror and Checklist Form, descriptive literature, slicks and any supporting documents, overall evaluation orderliness, readability of offer and evidence that the firm has the ability to follow instructions, and additional information.
The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of perusal only, and in no way define, limit, or describe the scope or intent of the request.
Installation shall be scheduled directly with member and be done in a reasonable amount of time. Installation shall be in accordance with the manufacturer’s instructions and shall be accomplished by skilled and properly licensed individuals.
Acronyms used in the solicitation are noted in bold font below:
Arizona Administrative Code (A.A.C.): https://azsos.gov/rules/arizona-administrative-code
Arizona Executive Orders: https://azgovernor.gov/executive-orders
Arizona Revised Statutes (A.R.S.): https://www.azleg.gov/arstitle/
Code of Federal Regulations (CFR): http://www.ecfr.gov/
Davis-Bacon Act https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra
Education Department General Administrative Regulations (EDGAR): https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html
E-Verify: https://www.e-verify.gov/employers/enrolling-in-e-verify
Public Law: https://www.congress.gov/public-laws/116th-congress
State of Arizona Accounting Manual (SAAM) - Travel Policy: Section IID - Section II (SAAM): https://gao.az.gov/travel/welcome-gao-travel
Uniform Commercial Code as adopted by the State of Arizona (UCC): https://www.azleg.gov/arsDetail/?title=47
United States Department of Housing and Urban Development (HUD): https://www.hud.gov/
By signing and submitting the Offer and Acceptance Form (Vendor Submissions), offeror certifies the following:
A. Offeror has examined and understands the terms, conditions, scope of work, specifications, and other documents in this solicitation.
B. The submission of the offer did not involve collusion or other anti competitive practices and that the offeror has taken steps and exercised due diligence to ensure that no violation of A.R.S. §15-213(O) has or will occur. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation.
C. Offeror 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.
D. Neither offeror, nor any officer, director, partner, member, or associate of offeror, nor any of its employees directly involved in obtaining contracts with the State of Arizona, Mohave Educational Services Cooperative, Inc., or any subdivision of the state, has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985.
E. Offeror agrees to comply fully with any and all provisions of A.R.S. Title 32, Chapter 10 (Registrar of Contractors) that may regulate offeror’s business.
F. Offeror shall not discriminate against any employee, or applicant for employment, in violation of federal and state laws (see Federal Executive Order 11246; and A.R.S. Title 41, Chapter 9, Article 4).
G. Offeror is not currently suspended, debarred, or otherwise precluded from participating in any public procurement activity with any federal, state, or local government entity.
H. If awarded a contract, offeror agrees to promote, offer, and sell under Mohave contract, only those materials and/or services awarded to contract vendor by Mohave.
I. If awarded a contract, offeror shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terms, conditions, scope of work, specifications, and other documents of this Request for Proposal.
J. If awarded a contract, offeror agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age, or national origin.
K. Offeror and all proposed subcontractors comply and shall remain in compliance with the Federal Immigration and Nationality Act (FINA), all other federal immigration laws and regulations, A.R.S. § 41-4401, and A.R.S. § 23-214, which requires compliance with current federal immigration laws by employers, contractors, and subcontractors in accordance with the E-Verify employee eligibility verification program.
L. Offeror shall comply with A.R.S. § 35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel.
M. If applicable to the products and services offered under this contract, offeror shall comply with current applicable requirements of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and accompanying regulations. Contract vendor agrees to work with member in the course of performance so that the member and contract vendor are in compliance with HIPAA.
N. Pursuant to A.R.S. § 35-394, by signing the Offer and Acceptance Form the offeror entering into a contract with Mohave certifies they do not use forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.
A. If your firm is offering a stand-alone GDSN platform, does your program integrate with any school point of sale software for meal programs? Yes / No - If Yes, please identify which programs and the steps required for integration.
B. If your firm is offering GDSN platform(s), how often does your software automatically sync from an authorized data pool?
What data pools does your firm’s software utilize?
C. If your firm is offering GDSN platform(s), how are manufacturer’s product data added to your platform? Please include information about any fees or charges incurred by the manufacturer for this process.
D. If your firm is offering GDSN platform(s), how long does it take your firm to add products to your platform?
E. If your firm is offering GDSN platform(s), does your platform provide the Global Trade Item Number (GTIN) for each product? Yes / No
A. Certificate of Insurance: Evidence of the required insurance shall be provided with your proposal by means of a current certificate of insurance with the coverages as stated within the requirements below. Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave Educational Services Cooperative, Inc. as the certificate holder.
Certificate of Insurance (or certificates of insurance if using multiple carriers) shall include, at a minimum, coverage for:
1. General Liability
2. Automobile liability
3. Umbrella or Excess Liability (If needed to meet aggregate amount)
4. Workers’ Compensation
5. Technology Errors and Omissions Liability
6. Network Security (Cyber) and Privacy Liability Insurance
7. Professional Liability insurance
In addition, contract vendor must be willing to provide, upon request, identical certificate of insurance to any member using this contract. Contract vendor must also be willing, upon request, to add any member as an additional insured entity. Any costs for adding a member as an additionally insured entity, shall be clearly identified in submitted contract pricing. If no pricing is identified, adding a member as an additionally insured entity, shall be provided at no additional cost.
Provide evidence of current insurance coverage, upload in Vendor Submissions 4.3.
Failure to provide the coverages stated above, with any minimum stated aggregate amounts provided in the requirements below, may render your proposal as non-responsive.
B. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this contract.
C. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive general liability insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000.
D. Scope of Insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the insured. All insurance must be written by companies incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business in Arizona.
E. Subcontractor insurance: Prior to commencing any work, any subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers’ compensation insurance, which waives all subrogation rights against the prime contractor, member, and Mohave.
F. Umbrella/Excess Liability insurance: Contract vendor’s insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract. Contract vendor may use umbrella/excess liability insurance to meet the general liability aggregate amount of not less than $2,000,000.
G. Workers’ compensation insurance: Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation insurance for all of contract vendor’s employees engaged in work under the contract. All workers' compensation insurance will comply with Arizona state statute and evidenced by a certificate of insurance.
H. Network Security and Privacy Liability insurance: Policy shall include coverage for claims and losses with respect to network risks, (e.g., data breaches, unauthorized access/use, I.D. theft, invasion of privacy, damage/loss/theft of data, degradation, and downtime), providing limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.
Network Security and Privacy Liability insurance shall be identified as a separate coverage on certificate, or if packaged with Technology Errors and Omissions insurance, offeror shall include evidence of the additional coverage. Policy shall identify the Network Security and Privacy Liability insurance includes only first-party coverage, with or without no third-party claims, for emergency response in the event of a network or privacy breach such as costs to notify individuals whose data may have been compromised through registered mail. Contract vendor agrees to include coverage for third-party claims upon member request, should any policy not include this option.
I. Professional Liability insurance: Policy shall include coverage for claims and losses, which are either not included, or excluded in the General Liability insurance. Policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of an awarded contract. Policy shall provide limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.
J. Technology Errors and Omissions insurance: Policy shall include coverage for claims and losses in the event their unintended error or omission in performing services or providing back or front-end product(s) causes a loss to a third party(s) and for which a claim is brought against the insured and/or the member, and providing limits of an aggregate amount of not less than $2,000,000 in addition to general liability insurance.
Technology Errors and Omissions insurance shall identify if the policy includes only first-party coverage, with or without no third-party claims for loss. Contract vendor agrees to include coverage for third-party claims, upon member request, should any policy not include this option.
Prepare a summary of your firm, explaining the qualifications and experience necessary to provide the products/services in this solicitation as follows:
a. Provide a short narrative description of what you are offering for this contract.
b. Provide a brief history of your company that includes length of time in business, how long your company has provided the products/services you are proposing, and your firm’s philosophy of doing business.
c. Provide written verification if offeror has recently purchased an established business or has proof of prior success in this business or a closely related business.
d. Provide information regarding your authorization to submit a proposal for the specified products/services and confirm that you can provide the products/services if awarded a contract.
e. Indicate if you are an authorized dealer for the products/services in the proposal, or if you are a producer, publisher, or manufacturer of the products/services in the proposal.
A. Confidential information request: If offeror believes that its proposal contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the proposal, and the information shall be so identified wherever it appears. Mohave shall review the statement and shall notify the offeror of their determination in writing whether the information shall be withheld or disclosed. Requests to deem the entire offer as confidential will not be considered.
B. Pricing: Mohave will not consider pricing to be confidential or proprietary.
C. Public record: All proposals submitted in response to this solicitation shall become the property of Mohave. They will become a matter of public record available for review, subsequent to award of contract(s), with the exception of information deemed confidential by Mohave.
A. Supplementary information question. Add or remove as necessary
B. Supplementary information question. Add or remove as necessary
C. Supplementary information question. Add or remove as necessary
D. Supplementary information question. Add or remove as necessary
A. Confirmation: If an apparent mistake in a proposal, relevant to the award determination is discovered after opening and before award, Mohave shall contact the offeror for written confirmation of the proposal. If offeror fails to act, the offeror shall be considered non-responsive.
Mohave may contact an offeror to confirm our understanding of the proposal. Such contact shall be prior to award. Mohave shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file. Correction of mistakes in a proposal shall only be allowed as described in Arizona procurement rules and code.
B. Discussions: For the purposes of conducting discussions, Mohave shall determine that proposals are either acceptable for further consideration or unacceptable. Discussions may be conducted with responsible offerors who submit proposals determined to be acceptable for further consideration. Discussions may be conducted to assure full understanding of the proposal in order to obtain the most advantageous contract for Mohave, based on the requirements and evaluation factors in this Request for Proposal. Discussions may be conducted orally or in writing. If oral discussions are conducted, the offeror shall confirm the discussions in writing.
Mohave will not help offeror bring its proposal up to the level of other proposals through discussions. Mohave will not indicate to offeror a cost or price that it must meet to obtain further consideration, nor will it provide any information about other offerors’ proposals or prices.
It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer. Maintenance facilities shall have sufficient parts inventory to provide quality service on products sold to members. Trained and qualified technicians shall be available to cover all parts of the state, or specific regions within the state for regional offers. It is preferred that maintenance services are available within 24 hours. If a third party is used to provide maintenance or warranty work, offeror shall include details of any such arrangement in the proposal.
Offerors submitting proposals as a manufacturer’s representative must be able, if requested by Mohave, to supplement the offer with a letter from the manufacturer certifying that offeror is an authorized dealer for the equipment offered, and that offeror is authorized to submit an offer on such equipment.
A. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only in courts in the State of Arizona.
B. Application of law: The Arizona Procurement Code, the Arizona State Board of Education School District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule, or regulation to be included in the contract will be read and enforced as if in the contract, whether or not physically included. If any such provision is not included, or is not correctly included, contract will be amended in writing to make such inclusion or correction upon application from either party to contract.
C. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law.
D. Assignment: Contract vendor agrees that if a contract is reassigned as part of an acquisition/merger, contract vendor will notify Mohave once legally permissible. Mohave reserves the right to accept or reject any reassignment of an awarded Mohave contract. Mohave shall not unreasonably withhold approval of a contract transfer resulting from an acquisition/merger. Mohave shall notify contract vendor of its decision within fifteen (15) days of receipt of written notification from contract vendor of the acquisition/merger.
E. Contract claims or controversies: The requirements of the Arizona Procurement Code and the Arizona State Board of Education School District Procurement Rules shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it.
Formal contract claims and controversies between a member and contract vendor shall be resolved in accordance with R7-2-1155 through R7-2-1159, or A.R.S., Title 41, Chapter 23, Article 9, as applicable. Member’s authorized representative shall serve as the district representative for resolution of such claims and controversies. A.R.S., Title 41, Chapter 23, Article 9, and the rules promulgated under it, or R7-2-1155 through R7-2-1159, as applicable, provide the exclusive procedure for asserting a cause against member under the contract.
F. Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place contract on hold shall be provided in a written deficiency notice. A reasonable amount of time shall be provided to contract vendor to address issues in the written deficiency notice.
G. Modification of contract: An awarded contract may be modified for a variety of reasons. Contract modifications will be issued as deemed necessary by Mohave to address contractual issues that may arise. Contract modification will become effective upon agreement by contract vendor and Mohave.
H. Novation: If contract vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. Mohave reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contract vendor.
I. Order cycle overview: One, or both, of the following order cycles will apply to an awarded contract. A sample reconciliation report will be provided to contract vendors who have been awarded a contract. Instructions for including purchase order and Pcard/credit card purchases, will be contained in that sample reconciliation report and email.
For Procurements made with purchase orders:
1. Member and/or contract vendor forwards purchase orders to Mohave that is made out to contract vendor and includes contract number, along with a copy of contract vendor’s quote.
2. Mohave reviews and emails member order with “Mohave Reviewed” stamp, to contract vendor and member.
3. Contract vendor provides product/services.
4. Contract vendor invoices member.
5. Member pays contract vendor.
6. Contract vendor sends monthly Reconciliation Report to Mohave, based on invoices paid.
7. Contract vendor remits administration fee monthly.
8. Mohave audits selected invoices.
For Procurements made with Pcards/credit cards:
1. Member purchases directly from contract vendor using a Pcard/credit card and forwards a copy of detailed contract vendor quote to Mohave (if applicable).
2. Mohave reviews and emails contract vendor quote with “MESC Reviewed” stamp, to contract vendor and member (if applicable).
3. Contract vendor provides product/services.
4. Contract vendor invoices member (if not previously paid with Pcard/credit card).
5. Member pays contract vendor (if not previously paid with Pcard/credit card).
6. Contract vendor sends monthly Reconciliation Report listing Pcard/credit card transaction, invoice, or quotation to Mohave, based on Pcard/credit card purchases paid.
7. Contract vendor remits administration fee monthly.
8. Mohave audits selected Pcard/credit card purchases.
J. Overcharges by antitrust violations: Mohave maintains that overcharges resulting from antitrust violations are to be returned to member. Therefore, to the extent permitted by law, contract vendor returns or credits to member any and all claims for such overcharges as to the products, materials, processes, or services used to fulfill the contract.
K. Relationship of the parties: Contract vendors receiving contracts under this solicitation are independent contractors. Any party to the contract shall not be deemed to be the employee of another party to the contract.
L. Severability: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.
M. Successful performance: The sections of the solicitation defining the scope of work, requirements, or qualifications are not to be construed as a complete listing that exempts successful offeror from reasonable services required to ensure successful performance under the contract.
N. Title: Purchase orders placed under this contract are on behalf of Mohave’s members. As such, title to goods passes directly from contract vendor to member.
O. User guide: If awarded a contract, contract vendor may be required to prepare a user guide that will assist members in using the contract. A template will be provided for successful contract vendors to create this user guide.
A. Cooperative purchasing: This contract is based on the need for Mohave to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to members. Any offer that prohibits sales to specific types of members (e.g., state agencies or local government units) may not be considered. Sales without restriction to any members are preferred.
B. Cooperative purchasing agreements: Cooperative Purchasing Agreements between Mohave and its members have been established under Arizona procurement rules and code for use of contracts.
C. Most favored customer relationship: Nothing in this solicitation is intended to establish a most favored customer relationship between Mohave and contract vendor. Contract vendor may respond to any solicitation without regard to this contract. Offeror agrees all prices, terms, warranties, and benefits granted by offeror to members through this contract are comparable to or better than the equivalent terms offered by offeror to any present customer meeting the same qualifications or requirements. If contract vendor offers lower prices to any of its other customers, it may lower its prices to Mohave at the same time by written notice and approval.
D. Eligible agencies: Any contract awarded from this solicitation shall be available to all Mohave members. Members shall have a current signed Mohave Cooperative Purchasing Agreement. Member is defined as an Arizona public school district, city, county, state agency, community college, university, political subdivision, or qualifying non-profit educational and public health organization that meets the requirements of § 115 of the Internal Revenue Code. Mohave has approximately 488 members throughout Arizona. A list of members is included with this solicitation and may also be found on Mohave’s website, www.mesc.org. Actual use of any contract shall be at the sole discretion of Mohave’s members.
Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. Contract vendor and member must agree to all provisions in any additional agreements. If agreement requirements result in additional costs to contract vendor, contract vendor shall be entitled to direct reimbursement for these costs, in addition and separately to approved contract pricing. A copy of the additional member agreement shall accompany member’s purchase order.
Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases of the requested materials or services is provided in the Background Section under Overview. However, no commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee usage. Usage depends on the actual needs of members and marketing by contract vendor.
It is preferred that the offeror has extensive knowledge and at least three (3) years experience with the provision, installation, and maintenance of the product, material, process, or services offered. Mohave reserves the right to accept or reject newly formed companies based solely on information provided in the proposal and/or its own investigation of the company.
Enter information regarding additional worksheet(s) included in pricing workbook.
A. Administration fee: Mohave’s 1% administration fee shall be included in offeror’s contract price. Contract vendor shall not add the administration fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave.
B. Application of pricing: In Mohave’s purchase order review process, the date of a valid contract vendor’s quote or the date Mohave receives a member purchase order will generally be used to determine contract pricing that is in effect for that order. The date Mohave receives a member purchase order will only be used to determine contract pricing that is in effect for an order when a contract vendor’s quote does not exist or is invalid. However, other factors may apply.
C. Basis for pricing: Contract pricing under this RFP shall be based upon:
1. Percent of discount(s) off manufacturer’s price list(s) or catalog(s);
The manufacturer’s price list or catalog price is defined as a catalog, price list, schedule, or other form that:
a) Is regularly maintained by a manufacturer, distributor, or contractor;
b) Is either published or otherwise available for inspection by customers; and/or
c) States prices at which sales are currently or were last made to a significant number of buyers for the product, material, process, or services.
2. Firm fixed price with economic price adjustment.
Economic price adjustments are defined as an unexpected price increase for services, raw materials, or that are outside the control of the offeror. Any contingencies for economic price adjustments shall be identified in the proposal. Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract; or
3. A combination of the above.
Established catalog price is referred to as manufacturer’s price list, price list, or catalogs throughout this solicitation.
D. Initial catalogs/price lists: A copy of the latest edition of the price list or catalog to which discount shall be applied shall be included with proposal. Include a copy of the latest edition of all applicable price lists or catalogs to which discount shall be applied with your proposal. Submission of outdated price lists or catalogs may result in rejection of proposal.
E. Fixed prices: Fixed price offers shall include prices for any and all items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of allowed contingencies for economic price adjustment outlined in the proposal. If allowed contingencies for price adjustment occur, contract vendor shall submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of submittal and results from an increased cost to contract vendor that was out of contract vendor’s control. Mohave shall review requests for fixed price adjustments to determine if the requested adjustments will be allowed. New fixed prices shall not apply until approved by Mohave. Price changes shall be a factor in contract renewal (contract modification).
F. Combination pricing: Offers for combination contracts shall clearly identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.
G. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise.
H. Discounts: Submitted pricing shall clearly identify the percent of discount to apply to the price list. If multiple discounts apply, offeror shall clearly indicate the discounts and applicable materials or services. Offeror shall agree that there will be no reduction in discount(s) during the term of contract.
I. Escalators: Any pricing escalators shall be reviewed and approved by Mohave prior to applying the escalator to approved contract pricing.
J. New catalogs/price lists: New price lists, workbooks, and/or catalogs may be submitted for review throughout the term of the contract. Mohave will review new price lists, workbooks, and/or catalogs to determine if the new prices or an alternative option is in the members’ best interests. New price lists, workbooks, and/or catalogs shall apply to the contract only upon approval from Mohave. New price lists, workbooks, and/or catalogs found to be non-competitive at any time during the contract may be grounds for terminating the contract. Any new catalogs/price lists shall meet requirements as stated in Basis for pricing.
K. Percent of discount as fixed price: Percent of discount offers that are not based upon published price lists or catalogs shall be administered as fixed price contracts.
L. Price reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Price reductions (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. Price reductions limited to a single member are not acceptable. Special time-limited reductions are permissible under the following conditions: 1) reduction is available to all members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and 4) Mohave has approved the new prices prior to any offer of the prices to a member. Mohave shall be the sole judge on the acceptance of price reductions under an awarded contract.
M. Reimbursement for transportation, mileage, lodging, meals, and incidental expenses (M&IE): Contract vendor may charge for transportation, mileage, lodging, and M&IE costs for employees that are required to travel to perform services at member site under this contract. An overnight stay is required for lodging reimbursement. Mileage reimbursement shall be at a specified rate. Transportation charges are separate from mileage, and may include airfare, car rental, etc.
Reimbursements under this section shall not exceed the rates listed in approved pricing and shall not exceed the actual charge. To be eligible for reimbursement, estimated charges must be on the quote and approved by the member. Receipts for such reimbursements must be provided upon request from the member.
N. Travel/drive rates: Contract vendor may charge for travel/drive rates under this contract. Travel/drive rates are only applicable for out of area employees working under this contract. Charges under this section shall not exceed the rates listed in approved pricing. Such charges must be on the quote and approved by member.
Travel/drive rates may be an hourly rate or a per mile rate. If you are using a per mile rate, list your travel/drive reimbursement separately from mileage reimbursement.
A. Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) is (are) determined in writing to be most advantageous to Mohave for its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It is Mohave’s intent to award a complete line of products, when possible and advantageous.
B. Best and final offers (Revisions to Proposals): Mohave may allow revisions to proposals through best and final offers, as authorized in Arizona procurement rules and code. Issuance of a request for best and final offer is not guaranteed. Proposals should be complete and meet all specifications and requirements of this solicitation.
C. Competitive range: Mohave reserves the right to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range will be deemed unacceptable and will not receive further award consideration.
D. Exceptions/deviations to requirements: All requested exceptions/deviations must be clearly explained. Unacceptable exceptions/deviations may remove your proposal from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohave’s decision shall be final.
E. Formation of contract: A response to this solicitation is an offer to contract with Mohave based upon the requirements contained in this solicitation. A proposal does not become a contract unless and until Mohave accepts it. A contract is formed when a Mohave administrator signs the award document.
F. Effect of price: No contract shall be awarded solely on the basis of price.
G. Multiple award: To assure that our contracts meet the requirements of all members, Mohave may award multiple contracts. Offeror should consider this fact in preparing their response. The decision to award multiple contracts, award a single contract, or make no award rests solely with Mohave. A multiple award shall be made only if the procurement officer determines in writing that a multiple award is necessary and is advantageous to Mohave members. A multiple award shall be limited to the least number of contracts necessary to meet the requirements of the using agencies. Mohave shall make the sole determination of the least number of contracts required to meet the need. Mohave’s basis for determining whether to award multiple contracts shall be based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members’ past usage of similar contracts. Criteria for selecting vendors for multiple contracts shall be based upon considerations for members’ experience with existing products and systems, brand continuity for parts replacement and future expansion, contract vendor’s ability to provide for our large, diverse membership, geographic area(s) served, Mohave’s past experience with contracts for similar product/services, and/or other relevant criteria. Multiple contracts may also be awarded based on individual line items or groups of line items, incrementally, or by designated regions.
H. Non-exclusive contract: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of Mohave’s members. Mohave and its members reserve the right to obtain like goods and services from other sources.
I. Past performance information: Past Performance Information (PPI) is relevant information regarding a contract vendor’s actions under previously awarded contracts to public agencies and Mohave. It includes contract vendor’s record of performance under such contracts including, but not limited to: conformance to the terms, conditions, specifications, and scope of work of the contracts, responsiveness to, and correction of, contract claims and controversies, and satisfaction of the contracting entities. PPI shall be a factor in evaluation and award.
J. Price workbook: All offerors must complete the 26L Network Firewall: Consulting, Management, Upgrade, and Testing workbook titled "26L Network Firewall Pricing Workbook.xlsx". Failure to complete and submit the 26L Network Firewall: Consulting, Management, Upgrade, and Testing workbook shall render your proposal non-responsive. The response to the pricing workbook shall be submitted in the original unlocked Excel format, along with any price files, pricelists, and/or catalogs (as applicable) uploaded to OpenGov Procurement. If awarded a contract, all future updates shall be based on the electronic workbook, or similar approved format.
K. Pricing extension errors: In case of error in extension of prices in the offer, unit prices shall govern.
L. Reasonably susceptible of being awarded: A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract in accordance with the evaluation criteria and a comparison and ranking of original proposals. To be considered reasonably susceptible of being awarded a contract, proposals shall, at a minimum, demonstrate the following:
1. Affirmative compliance with mandatory requirements designated in this solicitation.
2. An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue in the competition.
3. That the proposal is technically acceptable as submitted.
M. Responsible offeror: A responsible offeror is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall determine an offeror to be responsible before awarding a contract to offeror.
N. Responsive proposals: A responsive proposal conforms in all respects to the material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities.
O. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as it determines most appropriate. Additionally, Mohave reserves the right to use a ranking system (the Heisman scoring method) for determining the final ranking of proposals. Each evaluator shall calculate their total assigned points for each proposal, applying a ranking of one (1) to their highest score, a two (2) to their next highest score, and so forth for all proposals. Each proposal shall have a final calculated rank determined by averaging each applied individual evaluator rank. Any ties shall be broken by using the grand total points (total of all evaluator assigned point totals for each proposal) for each of the tied proposals. Any offeror scoring zero (0) in any required area may be considered non-responsive.
A. Sample evaluation: Samples will be compared to proposal specifications and evaluated as to materials used in construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance.
B. Sample requirements: Samples may be required prior to awarding a contract. Offeror shall provide adequate samples and detailed specifications for any item offered. Samples must be submitted within ten (10) days of request from Mohave.
C. Sample submittals: Samples shall be free of charge and submitted and removed by offeror at offeror’s expense. Mohave shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to offeror shall be considered abandoned, and Mohave shall have the right to dispose of them.
A. Accessibility Guidelines: Contract vendor shall ensure that all web-based content, digital services, software platforms, mobile applications, and electronic documents provided, whether hosted or maintained by contract vendor or through third-party or subcontractor solutions, under this contract comply with WCAG 2.1 Level AA, or the most current version required by applicable law, in accordance with Title II of the Americans with Disabilities Act (ADA). Accessibility compliance shall be maintained throughout the full contract term, including updates, upgrades, and new functionality.
Upon request by Mohave or member, contract vendor shall provide an Accessibility Conformance Report (e.g., VPAT) or equivalent documentation demonstrating substantial conformance to WCAG 2.1 Level AA, or the most current version required by applicable law. Any identified exceptions or areas of partial conformance must be disclosed along with a remediation plan including expected timelines and status updates upon request. Failure to maintain compliance with this term may result in corrective action including, but not limited to: suspension of services, withholding of payment, or termination of the contract.
B. Affordable Care Act requirements: Contract vendor understands and agrees that it shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). Contract vendor shall bear sole responsibility for providing health care benefits for its employees who provide services to member as required by state or federal law.
C. Audit rights: In accordance with applicable Arizona law, contract vendor’s and subcontractor’s books and records related to this contract may be audited at a reasonable time and place, for five (5) years after completion of the contract.
D. Clean Air Act, Clean Water Act, and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act, and current applicable EPA regulations, when notified by member.
E. Compliance with federal and state requirements: Contract vendor agrees, when notified by member, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis-Bacon Act, the Copeland “Anti-Kickback” Act, the Housing and Urban Development Act of 1968, and the Equal Opportunity Employment requirements as amended by Executive Order. In such projects, contract vendor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. In addition, to comply with the Copeland Act, contract vendor must submit weekly payroll records to member. Contract vendor must keep records for three (3) years and allow the federal grantor agency access to these records, upon demand. Contract vendor also agrees to comply with State of Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on any projects funded with federal grant monies, when notified by member, contract vendor agrees to comply with the administrative requirements for grants and cooperative agreements to state, local, and federally recognized Indian tribal government contract provisions. The forms listed below are incorporated by reference into this solicitation and any resultant contract.
1. HUD-5369, Instructions to Bidders for Contracts, Public and Indian Housing Programs.
2. HUD-5369-A, Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs.
3. HUD-5369-B, Instructions to Offerors Non-Construction.
4. HUD-5369-C, Certifications and Representations of Offerors Non-Construction Contract.
5. HUD-5370-C1, General Conditions for Non-Construction Contracts Section 1 (With or Without Maintenance Work).
6. HUD-5370-C2, General Conditions for Non-Construction Contracts Section 1 (With Maintenance Work).
For federally funded projects only, the requirements of an applicable form shall supersede conflicting requirements in this solicitation. The forms may be accessed via HUDClips (www.hud.gov).
F. Compliance with workforce requirements and eligibility: Pursuant to A.R.S. § 41-4401, contract vendor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with A.R.S. § 23-214 subsection A, which states, “…every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.” [To register for E-Verify, go to: https://www.e-verify.gov/employers/enrolling-in-e-verify.]
Mohave and its members reserve the right to confirm compliance. Mohave and/or Mohave members may request verification of compliance and request to inspect the papers from any contract vendor or subcontractor performing work under this contract. Should Mohave or its members suspect or find that the contract vendor or any of its subcontractors are not in compliance, Mohave may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the contract vendor. All costs necessary for compliance are the responsibility of contract vendor.
G. Davis-Bacon wage decisions: For federally funded projects subject to the Davis-Bacon Act, member shall specify the applicable Davis-Bacon wage decision, prior to contract vendor providing a firm price quotation for the proposed project. The wage decision shall be identified by the WD Number, modification number, and date of the wage decision. Davis-Bacon wage decisions may be accessed via http://www.dol.gov/ or by requesting a copy from member.
H. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act, when notified by member.
I. Non-compliance: All federally assisted contracts with members that exceed $10,000 may be terminated by the federal grantee for noncompliance by contract vendor. In projects that are not federally funded, offeror must agree to meet any federal, state, or local requirements, as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee.
J. Offshore performance of work prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the state shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.
K. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.323.
L. Prohibition on certain telecommunications and video surveillance equipment or services for procurements under federal grant funding: Contract vendor and its subcontractors shall comply with provisions as described in § 200.216 and Public Law 115-232, section 889 for prohibition on certain telecommunications and video surveillance equipment or services to procure or obtain, extend or renew or enter into a contract to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system as described in Public Law 115-232, section 889.
M. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR shall apply for federally funded projects.
N. Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract.
O. Terrorism country divestment: In accordance with A.R.S. § 35-392, Mohave and its members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contract vendor warrants compliance with the Export Administration Act.
P. Compliance to federal solicitation requirements:
1. Offeror certifies that all pricing in their proposal has been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor certification regarding non-collusion.
2. Offeror agrees to comply fully with U.S. Department of Agriculture, the Arizona Department of Education, U. S. Accounting Office, or any of their duly authorized representatives to allow access to any books, documents, papers, and records of the offeror, which are directly pertinent to the specific contract, for the purpose of audits, examinations, excerpts, and transcriptions. Additionally, the offeror shall provide all documents as necessary for the independent auditor to conduct the school food authority (SFA) single audit (if applicable). In the event of any unresolved audit findings, the records shall be retained beyond the five (5) year period for as long as required for resolution of these issues raised by the audit.
3. Offeror agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
4. Offeror shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60-30.
5. Offeror shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Department of Agriculture regulations on nondiscrimination 7 CFR 210.23 (b); Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and the FNS Instruction 113-6; “Civil Rights Compliance and Enforcement in School Nutrition Programs”.
6. Offeror shall comply with the provisions of the Consumer Product Safety Act.
7. Offeror shall disclose all discounts, rebates, allowances, and incentives received by the offeror from its suppliers. If the offeror receives a discount, rebate, allowance, or incentive from any supplier, the offeror shall disclose and return to the SFA, (if applicable), the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the SFA. The offeror shall identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the SFA for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit according to 7 CFR 210.21(f)(1)(iv).
8. Offeror shall agree no expenditure may be made from the nonprofit school food service account for any cost resulting from a procurement failing to meet the requirements for prohibited expenditures or as required in 7 CFR §210.21(f)(2).
9. Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract.
10. The contract vendor shall provide domestic commodities or products to the maximum extent practicable, in accordance with 200.322 Domestic preferences for procurement, as applicable, 7 CFR 210.21(d), Buy American Provision. The contract vendor shall provide to the maximum extent practicable, domestic agricultural commodities or products substantially processed in the United States. “Substantially” means the final processed product contains over 51% domestically grown agricultural commodities or produced.
Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party’s performance of this contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God (e.g., fire, flood, snow, earthquakes, tornadoes, violent winds, hail storms); acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours.
A. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition.
B. Contract vendor employee fingerprinting: Contract vendor and its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with A.R.S. § 15-512(H). The fingerprint card shall be issued pursuant to Title 41, Chapter 12, Article 3.1. Charges for such fingerprint checks will be the responsibility of contract vendor, subcontractor, or individual employee. An exception to this requirement may be authorized in member’s Governing Board policy, for persons who, “as part of the normal job duties of the persons, are not likely to have independent access to or unsupervised contact with pupils.”
Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(ies) at the school district where services are provided.
C. Onsite contract vendor responsibilities: Contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the current OSHA standards and is responsible for ensuring safe work performance of employees and subcontract vendors.
Prior to performing any services at member site, contract vendor shall contact member regarding their safety and security procedures and requirements for contract vendor’s personnel and their subcontractors. As required by member, all contract vendor personnel and their subcontractors shall be responsible for full compliance with member’s safety and security procedures and requirements.
Member may also require contract vendor to provide their personnel and subcontractors with proper identification displaying both the firm name and employee name. Identification must be worn and remain visible at all times while performing onsite services. These requirements apply at all times, including site visits, project evaluations, and performance of work.
While on any member facility, all contract vendor personnel and their subcontractors shall respond appropriately to all emergency announcements. There are no differentiation between drills and actual emergencies; all announcements shall be treated as a real emergency. Contract vendor shall provide all personnel and their subcontractors performing onsite services training on the safety and security procedures, requirements, and a copy of member’s evacuation map and/or secure location in the event of an emergency.
Contract vendor and its employees or subcontractors shall report accidents and incidents immediately to member’s responsible staff or its administration. Contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed, and the operation shall not resume until authorized by member’s responsible staff or administration. Contract vendor must assist and cooperate fully with the investigation of the accident/incident and ensure availability of all information, personnel, and data pertinent to the investigation.
For preemptive purposes, contract vendor and its employees or subcontractors shall immediately report to member’s responsible staff or administration all areas of concern that could potentially lead to accident or injury.
D. Preparation: Contract vendor shall not begin a project for which member has not prepared the site. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
E. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee, or employee of its subcontractor, who is required to register as a sex offender pursuant to A.R.S. § 13-3821 will perform work on member’s premises or equipment at any time when students, are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the order at member’s discretion.
F. Safety measures: Contract vendor shall take all reasonable precautions for safety on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contract vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to current Arizona law and standard practices to protect workers, general public, and existing structures from injury or damage.
G. Smoking: Persons working under the contract shall adhere to current local smoking policies.
H. Stored materials: Upon prior written agreement between contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials shall be provided to member prior to payment. Such materials shall be stored and protected in a secure location and be insured for their full value by contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member’s request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary.
Payment for stored materials shall not constitute final acceptance of such materials. Contract vendor shall be responsible for the protection of all material and equipment, whether stored on or offsite. Title for all work, materials, and equipment shall pass to member only upon final inspection and payment of remaining job costs.
A. General indemnification: To the extent permitted by law, Mohave and its members shall be indemnified and held harmless by contract vendor for its vicarious liability as a result of entering into this contract. Each party to the contract is responsible for its own negligence. Contract vendor agrees to save and hold harmless Mohave and/or its members from any and all liability for loss or damage to persons or property arising out of the work required by the contract. Contract vendor further agrees to waive any right of recovery against Mohave and/or its members for damage to the property of contract vendor, whether caused by negligence on the part of Mohave and/or its members or otherwise. This provision includes specifically the waiver of right of recovery against Mohave and/or its members for damage to property under contract and not yet formally accepted by member even though said property at the time of loss may be occupied, in whole or in part, by member.
B. Modification by member: Contract vendor shall have no obligation with respect to any patent and copyright infringement claim based upon member’s modification of the equipment and/or software, or its operation or use with apparatus, data, or programs not furnished by contract vendor. However, one member’s action will not preclude contract vendor’s obligation to members who have not modified their equipment or software.
C. Patent and copyright indemnification: To the extent permitted by law, contract vendor shall indemnify and hold harmless Mohave and its members against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of contract performance or use by Mohave and its members of materials furnished or work performed under this contract. Mohave and its members shall reasonably notify contract vendor of any claim for which it may be liable under this paragraph.
Contract vendor shall maintain in current status all federal, state, and local licenses, bonds, and permits required for the operation of the business conducted by contract vendor. Contract vendor shall remain fully informed of and in compliance with all current ordinances and regulations pertaining to the lawful provision of services under the contract. Mohave reserves the right to stop work and/or cancel the contract of any contract vendor whose license(s) expire, lapse, are suspended, or terminated. Contract vendor shall immediately notify Mohave of any expiration, lapse, suspension, or termination of license(s).
A. Awarding subcontracts: Offeror agrees that any subcontract competitively solicited by contract vendor shall not be awarded solely upon membership or non-membership in a union or professional association.
B. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the Mohave contract.
C. Prime contractor: Contract vendor shall be considered a prime contractor and not a subcontractor. Neither Mohave nor member shall establish a contractual relationship with subcontractors.
D. Subcontracts: No subcontracts shall be entered into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Arizona procurement rules and code. No subcontracting costs may be hidden in a cost proposal to member.
E. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of interest received. Complaints by subcontractor may be resolved as described in Arizona procurement rules and code. Failure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract.
F. Use of subcontractors: Use of subcontractors shall permit work to be managed effectively and without delay and shall not cause any disturbance or interference to the progress of the project (e.g., engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member, or Mohave.
A. Late offers: Except as authorized by Arizona procurement rules and code, late offers shall not be considered. Offeror shall be responsible for all shipping costs when requesting the return of a late proposal.
B. Withdrawal of proposal: An offeror may withdraw a proposal in writing at any time before proposal opening if the withdrawal is received before the proposal due date and time at the location designated in the Request for Proposal for receipt of proposals. After the opening time and date, proposals may not be withdrawn, except as allowed by Arizona procurement rules and code.
A. Contract period: It is Mohave’s intent to award a multi-term contract for the specified product, material, process, or services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, contract may be extended for up to four (4) consecutive additional twelve (12) month periods, beginning immediately after expiration of the prior term. However, no contract extension (contract modification) exists unless and until contract vendor is so notified by Mohave.
B. Contract extension (contract modification): Conditions for contract extension (contract modification) may include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. Mohave shall prepare a performance report for all contracts prior to issuing any extension (contract modification). This performance report shall use past performance information gathered by your assigned Contract Specialist. Past performance information shall be used when determining whether a contract receives an extension (contract modification).
C. Month-to-month extensions (contract modification): Mohave reserves the right to offer month-to-month extensions (contract modification), if that is determined to be in the best interests of members.
Member and contract vendor shall determine values placed on trade-in products. The value of trade-in shall not affect the amount of administration fee paid to Mohave. Trade-in equipment shall be dismantled and removed at contract vendor’s expense. The condition of trade-in equipment at the time it is turned over to contract vendor shall be the same as when the original agreement was made, except for normal wear and tear from use between the time of the offer and trade-in.
In the event of a conflict in the provisions of the contract as accepted by Mohave, the following order of precedence shall prevail:
A. Special Terms and Conditions
B. General Terms and Conditions
C. Scope of Work and Specifications
D. Attachments and Exhibits
E. Documents referenced or included in the solicitation
A. Extended warranties contracts: Contract vendor or a manufacturer may offer extended warranties available at extra cost for members. Any applicable extended warranty pricing shall be included in the Excel pricing workbook.
B. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave, or its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract.
C. Inspection: The warranties set forth in this section shall not be affected by inspection or testing of, or payment for, the product or materials to contract vendor by member.
D. Quality: Unless otherwise specified, contract vendor warrants that for a period of one (1) year after acceptance of the equipment or materials by member, they shall be:
1. Of a quality to pass without objection in the industry or trade normally associated with them;
2. Fit for the intended purpose(s) for which they are used;
3. Of even kind, quantity, and quality within each unit and among all units, within the variations permitted by the contract;
4. Adequately contained, packaged, and marked as the contract may require; and
5. Conform to the written promises or affirmations of fact made by contract vendor.
E. Warranty requirements: Contract vendor warrants that all products, materials, processes, and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum twelve (12) month manufacturer’s warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms. Any extended manufacturer’s warranty shall be passed on to member without exception. Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty.
F. Warranty work: Contract vendor shall perform all warranty work and remain available to member should continued services be required after warranty obligations are met.
A. Acceptance of orders: This contract is for the sole use of Mohave and its members. All quotations provided to members must be based on prices in the contract and include the correct Mohave contract number. Contract vendor may only refuse a Mohave reviewed order under this contract after providing written documentation acceptable to Mohave describing the circumstances that warrant refusal. Improper documentation and/or frequent refusals may result in contract cancellation. Mohave may require contract vendor to reject any purchase orders received from members based on this contract that may not comply with Mohave’s rules, processes, or standards.
B. Audit of contract activity: Mohave will audit some of the invoices related to this contract. Contract vendor agrees to provide all documentation necessary for Mohave to audit purchases made under contract, including invoices and credits issued to members, in a timely fashion.
C. Contract vendor contacts: Contract vendor agrees to assign only one contact person for each of the following: accounting, audit, contract administration, escalation, main member contact, open order/status report, and reconciliation. These contacts may be the same person, with the exception of the escalation contact. The name(s) of the contact persons will be provided to Mohave.
D. Open order and unresolved invoice reports: Mohave will send contract vendor open order reports on a periodic basis and status reports upon request. Contract vendor agrees to reply to information requests in a timely fashion.
E. Orders in process: Member purchase orders dated on or before the contract cancellation and/or expiration date, will be processed and are considered valid until order fulfillment, or cancellation by member. Any such order must be in the possession of Mohave within a reasonable amount of time. Acceptance of such orders shall be at the sole discretion of Mohave.
F. Purchase verification: It is the member’s independent responsibility to verify that quotations and purchase orders comply with the terms of the awarded contract.
G. Quotations: Quotations with no end date are considered invalid after sixty (60) days from the issue date.
A. Contacting member about payment: Contract vendor may contact member for payment for a product or service delivered to member under the contract. Such contact shall be professional and courteous.
B. Contract vendor invoice: All invoices shall list the applicable member name, purchase order number, and Mohave contract number. Contract vendor will invoice members directly. All transactions are payable in U.S. currency only. Contract vendor shall invoice member after delivery of goods and/or services. Goods and services shall be invoiced at applicable contract prices, which include Mohave’s 1% administration fee.
Mohave’s administration fee is included in the invoice amount paid by member. Contract vendor shall remit administration fee to Mohave monthly. Administration fee shall be calculated at .0099 of the subtotal amount. Mohave administration fee shall not be calculated on ancillary charges (e.g., performance bonds, shipping, transaction privilege tax, transportation charges, mileage, lodging, meals, and incidental expenses (M&IE), permits).
C. Contract vendor payment: Member shall issue payment to contract vendor after receipt of invoice.
D. Correct invoicing: Contract products and/or services may not be invoiced greater than the purchase order. If incorrect invoices are discovered, contract vendor must correct invoices resulting in excess charges, no matter the cause of the error. Any excess payment must be returned to member within the time allowed by law, in the form of a check or credit memo, as determined by member.
If a member is invoiced at less than contract prices, contract vendor will invoice member for the difference unless Mohave approves the undercharge.
If contract pricing in effect on the contract has gone down between the time of the order and the invoice date, contract vendor may invoice at the current contract price.
E. Credit hold: Contract vendor agrees to advise Mohave’s Compliance Manager within five (5) days if member(s) are placed on credit hold.
F. Payment time: Payment terms are net thirty (30) days from receipt of contract vendor’s invoice.
G. Prepayment: In accordance with the Uniform System of Financial Records and A.R.S. § 15-905(N), prepayments may be requested on items that normally require prepayment in order to be procured or to receive a discounted price. Items not meeting these prepayment specifications may be paid only after receipt of goods and services.
H. Progress payments: Members may make progress payments under the following conditions: 1) Member and contract vendor agree to the terms of the progress payments prior to issuing a purchase order; 2) member accepts responsibility for verifying the validity of each payment application; 3) payments are made only after goods and/or services are verified; and 4) any such payments are made in full compliance with member’s local governing entity rules and any and all other applicable state rules and regulations.
I. Quick pay discounts: Quick pay discounts may be offered to members, provided they have received the materials or services, and that such discounts are available equally to all members. Mohave must approve such discounts in writing and before they are offered to members. Approved quick pay discounts will be incorporated into the awarded contract pricing and shall apply to all payments made within the specified timeframes to qualify for the discount. Contract vendor agrees to promptly refund any overpayments by member that are eligible for the Quick Pay Discount.
A.Reporting of administration fees to Mohave: Contract vendor agrees to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid or Pcard/credit card transactions made in the previous month.
1. Purchases made with purchase orders: Items in the report must include member names, PO numbers, amounts, administration fees, invoice numbers, invoice dates, and credit/return information for all invoices paid in the prior month.
2. Purchases made with Pcard/credit cards: The report must be identified as Pcard/credit card when submitted. Items in the report must include member names, notation that the purchase was made with a Pcard/credit card, date of transaction, job number designation, amounts, administration fees, invoice numbers (if applicable), invoice dates (if applicable), and credit/return information for all invoices paid in the prior month. An electronic copy (e.g., PDF) of the detailed Pcard/credit card sales receipt, invoice, or quotation shall be provided for review.
The payment and reconciliation report are due per the schedule agreed upon by Mohave and contract vendor. The initial due date shall be the 10th, 15th, 20th, 25th, or 30th of the following month and will be specified, if awarded a contract, in the award notification letter. If no invoices were paid under the contract in the previous month, the contract vendor will provide notice of no activity. A sample reconciliation report will be made available upon award of contract.
B. Payment of administration fees to Mohave: Contract vendor shall make Mohave administration fees payable to Mohave Educational Services Cooperative, Inc. Payment details shall be provided to the contract vendor, if awarded a contract.
A. Modification of proposal: An offeror may modify a proposal in writing at any time before proposal opening if the modification is received before the proposal due date and time at the location designated in the Request for Proposals for receipt of proposals.
B. Disclosure of Related Parties: To ensure fair competition and avoid collusion or conflicts of interest, offeror shall disclose any relationships with other vendors or entities that are submitting, or may submit, offer in response to this solicitation.
Related parties are defined as parent companies, subsidiaries, or affiliates under common ownership or control; entities that share common officers, directors, or key personnel; individuals or entities that have a direct or indirect ownership interest in more than one offeror; or any other parties that may have the ability to influence or control one another’s business decisions or bid submissions.
Offeror shall identify any related party known to be submitting a separate offer under this solicitation; and provide a description of the nature of the relationship (e.g., shared ownership, management, financial interests, etc.). Offerors have a continuing duty to notify Mohave if they become aware of any related-party relationships that arise during the solicitation or evaluation process.
Mohave reserves the right to investigate the nature and extent of any disclosed or discovered relationship between offerors to determine whether such relationships may compromise the competitive process or create an appearance of collusion. Mohave reserves the right to reject offers, disqualify offerors, or take other appropriate action if related-party submissions are determined by Mohave to be connected in a manner that may undermine fair competition; or if relationships were not fully disclosed, and such nondisclosure could affect the integrity of the procurement process.
C. Compliance with instructions: Offeror’s ability to follow proposal preparation instructions in this solicitation will be considered an indicator of offeror’s ability to follow instructions should it receive an award as a result of this solicitation. The quality of organization and writing reflected in the proposal will be considered to be an indication of the quality of organization and writing that would be prevalent if a contract is awarded. As a result, the proposal will be evaluated as a sample of data submission. Subjective judgment on the part of Mohave’s evaluators is implicit in this process.
D. Cost of proposal preparation: Mohave will not reimburse the cost of developing, presenting, or providing any response to this solicitation.
E. Offeror responsibility: Offeror shall examine the entire solicitation, seek clarification on any item or requirement that is unclear, and check all responses for accuracy before submitting proposal. Failure to examine any requirements shall be at offeror’s risk. Negligence in preparing an offer confers no right of withdrawal after due date and time.
F. Proposal forms: The forms and format contained in the solicitation shall be used. Offerors may reproduce the forms and retype the information, but all of the required information must be presented.
A. Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted.
B. Discontinued products: If a product or model is discontinued by the manufacturer, contract vendor may substitute a new product or model. The replacement product shall meet or exceed the specifications and performance of the discontinued model, and the discount shall be the same or greater than the discontinued model. All replacement products or models shall be approved by Mohave.
C. New products/services: New products and/or services that meet the scope of work may be added to the contract. New products/services must be submitted and approved by Mohave, prior to being offered to member. Contract vendor may add product lines to an existing contract if the line is supplementing products on contract, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Mohave may require additions to be submitted with documentation from members demonstrating an interest in, or a potential requirement for, the new product or service. Mohave has the right to approve or reject any additions.
D. Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; and 2) the option is an enhancement to the unit that improves performance or reliability. Mohave may reject any addition of equipment options without cause.
E. Product line: Offerors with a published catalog may submit the entire catalog. Mohave reserves the right to select products within the catalog for award without having to award all contents.
Proposals shall be opened immediately following the proposal due date and time. The name of each offeror shall be publicly read and recorded in the presence of witnesses and available on OpenGov Procurement. All information in the proposals shall remain confidential until after award of contracts, with the exception of review by Mohave staff and selected evaluators.
Reservations need to be made in advance for any live public inspection of documents. Refer to the Mohave Contract Specialist’s contact information in the Introduction, 1.1 Questions, for inquiries.
Any vendor not responding to two (2) consecutive solicitations for similar procurements may be removed from the prospective bidders list for those items or services. A “no bid” response or request to remain on the list is sufficient to keep a vendor on the Prospective Bidders Registration.
Protests shall be filed with the Executive Director (the District Representative), and shall be resolved in accordance with Arizona procurement rules and code, A.R.S., Title 41, Chapter 23, Article 9 (https://www.azleg.gov/arstitle) and State Board Rules R7-2-1001 through R7-2-1196 (https://azsos.gov/rules/arizona-administrative-code). A protest must be in writing and must be filed with the Executive Director, (Lari Staples, CPPO), by email at protests@mesc.org. The interested party shall coordinate with the author of the solicitation for delivery of the protest documents. Protests based upon alleged improprieties in a solicitation shall be filed before the due date and time for responses to the solicitation. The interested party shall file the protest within ten (10) days after Mohave makes the procurement file available for public inspection. Reservations need to be made in advance for any live public inspection of documents. Refer to the Mohave Contract Specialist’s contact information in the Introduction, 1.1 Questions, for inquiries. A protest filed on the tenth day must be received by 5:00 p.m., local Arizona time. The interested party may file a written request for an extension. The written request shall be filed before the time limit specified above and shall set forth good cause as to the specific action or inaction of Mohave that resulted in the interested party being unable to file the protest before the time limit specified above.
A protest shall be in writing and shall include the following information:
Should Mohave prevail in an appeal of a decision issued by the Executive Director, appellant waives any objection to the hearing officer awarding Mohave its reasonable attorney’s fees and costs along with the costs for the hearing.
Whenever one party to the contract has a good faith reason to question the other party’s intent to perform, they may demand that the other party give written assurance of its intent to perform. If a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this failure as an anticipatory breach of the contract.
Materials supplied under the contract shall comply with current applicable Occupational Safety and Health Standards of the Arizona Industrial Commission, National Electric Code, and National Fire Protection Association Standards.
A. Shipping terms/transfer of title: Shipments shall be F.O.B. destination. Title and risk of loss of material shall not pass to member until member receives the material at delivery point.
B. Shipment under reservation: Contract vendor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials.
C. Shipping charges: Prices that include shipping to any location in Arizona, delivered to the specific receiving point identified in the purchase order, are preferred. If shipping is charged, it shall be that member is not charged more than the actual invoiced amount for shipping and is prepaid by the contract vendor (PP&A). It is the member’s responsibility to confirm shipping charges under the contract.
D. Shipping errors/risk of transportation: Shipping errors will be at contract vendor’s expense. If contract vendor ships a product that was not ordered, contract vendor shall pay for return shipment at the convenience of member. All risk of transportation and all related charges shall be contract vendor’s responsibility. Contract vendor shall file all claims for visible or concealed damage. Member will notify contract vendor promptly of any damaged goods and shall assist contract vendor in arranging for inspection.
Offeror shall include a letter in its proposal notifying Mohave of any debarment, suspension, or other lawful action taken by any federal, state, or local government within the last five years that precludes offeror or its employees from participating in any public procurement activity. Such letter shall provide name and address of the public procurement unit, effective date, duration, and relevant circumstances of the suspension or debarment. Failure to supply such letter or not disclose all pertinent information shall result in cancellation of any contract. Letter shall be placed in Offer and Acceptance Form in Vendor Submissions.
A. Federal Excise Tax: Most members are exempt from paying Federal Excise Tax.
B. Payment of taxes: Member is responsible for payment of all taxes listed on the invoice. Contract vendor is responsible for collecting such taxes and shall forward all taxes to the proper revenue office. All applicable taxes must be listed as a separate item on all quotes and invoices.
C. Property taxes: Arizona public agencies may not pay state property taxes. (Arizona Constitution, Article 9, Section 2).
D. Reservation or tribal tax: If goods or services are subject to reservation or tribal tax, contract vendor shall include such taxes as a separate item on the original invoice to member.
E. Transaction Privilege Tax (Sales Tax): Members may be liable for Arizona Transaction Privilege Taxes, which may include state, county, and city taxes. Contract vendor is responsible for charging taxes correctly.
Periods of time, stated as a number of days, shall be in calendar days, not business days.
Did you read through and confirm that you met all of the proposal requirements in the solicitation?
Vendors must upload all attachments and supporting documents as separate files within the OpenGov portal. Embedded documents or hyperlinks that direct the reviewer outside of OpenGov are not permitted. Any document referenced in the response must be uploaded in its entirety.
Failure to comply may result in the response being deemed non-responsive.
Available in Attachments
Purpose of specifications: Specifications are designed to enable offeror to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If offeror believes a specification is unnecessarily restrictive, offeror must notify Mohave prior to specified proposal due date and time.
Download, review and annotate each specification, complete the Scope of Work and Specification Acceptance form, and upload completed specifications document (include all exception/deviation explanations).
Available in Attachments
Failure to sign the Offer and Acceptance Form shall render proposal non-responsive.
Review project Addenda & Notices tab for any issued amendments.
Any documentation marked as confidential or proprietary must be identified. Any confidential or proprietary information NOT identified as instructed shall be deemed as non-confidential or non-proprietary.
Confidential/proprietary materials have been included with this offer. Offerors shall identify below any portion of their offer they deem confidential or proprietary as specified in the General Term and Condition 6.6 Confidential Information
The confidential/proprietary information identified below does not guarantee that disclosure will be prevented but that the item(s) will be subject to review by the offeror and Mohave prior to any public disclosure.
Offeror shall include a letter in its proposal notifying Mohave of any debarment, suspension, or other lawful action taken by any federal, state, or local government within the last five years that precludes offeror or its employees from participating in any public procurement activity. Such letter shall provide name and address of the public procurement unit, effective date, duration, and relevant circumstances of the suspension or debarment.
Failure to supply such letter or not disclose all pertinent information shall result in cancellation of any contract.
Providing a signed Offer and Acceptance Form certifies complete acceptance of the Special Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).
Does your firm accept the Special Terms and Conditions and take no exceptions/deviations to the Special Terms and Conditions?
We take the following exceptions/deviations to the Special Terms and Conditions. All exceptions/deviations shall be clearly explained. Reference the corresponding Special Terms and Conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional terms and conditions to the Special Terms and Conditions.
(Note: All requested exceptions/deviations must be clearly explained. Reference the specific special terms and conditions that you are taking exceptions/deviations to, detail any proposed substitute special terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted special terms and conditions. Unacceptable exceptions/deviations may remove your proposal from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohave’s decision shall be final.)
Providing a signed Offer and Acceptance Form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).
Does your firm accept the General Terms and Conditions and take no exceptions/deviations to the General Terms and Conditions?
We take the following exceptions/deviations to the General Terms and Conditions. All exceptions/deviations shall be clearly explained. Reference the corresponding General Terms and Conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional terms and conditions to the General Terms and Conditions.
(Note: All requested exceptions/deviations must be clearly explained. Reference the specific terms and conditions that you are taking exceptions/deviations to, detail any proposed substitute terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted terms and conditions. Unacceptable exceptions/deviations may remove your proposal from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohave’s decision shall be final.)
Available in Attachments
Failure to submit an Anti-Lobbying Certification Form shall render your proposal non-responsive.
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Failure to submit USDA Form AD-1048 shall render your proposal non-responsive.
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Failure to submit an EDGAR Certification shall render your proposal non-responsive.
Provide a current letter from your financial institution indicating the range of credit available to your firm, (e.g., “credit in the low nine figures” or “credit line exceeding five figures”). Provide a current letter from your financial institution and/or officers of major suppliers, indicating confidence in your firm’s stability and payment history. These letters will only be used to evaluate proposals and will not be made available to the public.
Offerors may submit current audited annual financial reports in lieu of letters from financial institutions. However, the annual financial reports must provide essentially the same information as requested from the letters. Offerors are encouraged to highlight the requested information in any audited annual financial report submitted in response to this solicitation. All financial information will be kept confidential.
Evidence of the required insurance shall be provided with your proposal by means of a current certificate of insurance with the coverages as stated within the requirements Special Term and Condition - Insurance. Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave Educational Services Cooperative, Inc. as the certificate holder.
(see Primary Vendor Information, section 3.1)
(see Primary Vendor Information, section 3.2)
If your response is regional or county specific, respond no and complete next question.
Note: If you are providing a regional or county specific offer, that offer shall cover all members within that region or county.
Tribal areas may have additional tribal and/or federal requirements to quote and complete work within the tribal area.
If you are using fixed pricing, in the next question you will be required to outline any contingencies for economic price adjustments.
Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract. (See Basis for Pricing in the Special Terms and Conditions.)
(see Primary Vendor Information, section 3.3)
(see Primary Vendor Information, section 7.5)
To qualify for ownership as a minority owned business, at least 51% of the firm’s ownership must be held by a person, or persons, of a particular group (e.g., Woman owned, Hispanic owned, Native American owned). Proof of ownership is evidenced by the transaction privilege tax license or business privilege license for sole proprietorship; business privilege license and written partnership agreement for partnerships; or the Articles of Incorporation, Corporate By-laws, and stock certificates for corporations.
NOTE: Businesses have equal opportunity to sign up as a prospective bidder on Mohave’s website. If small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, or a labor surplus area firms were signed up for a category selected for this solicitation, then they are included in the solicitation notification email list. The information on small business, minority business, women’s business enterprise, veteran-owned business, or a labor surplus area firm are for informational purposes only and shall not be a factor in the evaluation.
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Review Special Term and Condition - Contract vendor contract documents
For proposals that include third-party software: You are not requested to provide any third-party software agreements in your response.
Review/revise your agreement(s) for terms that conflict with the Mohave terms and conditions. Review for the following common issues:
Acceptable agreements shall include:
Agreements shall not include:
Attach your reviewed/revised agreement(s). Unacceptable agreement(s) may render your proposal non-responsive. Do not assume a Request for Best and Final Offer will be issued to resolve conflicts within your agreement(s).
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The following questions will be used to setup Pricing Workbook Instructions
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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