Agreement - Linking Agmt with SPEC 2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SAN DIEGO POLICE EQUIPMENT COMPANY, INC.

THIS LINKING AGREEMENT (this “Agreement” is entered into as of this day of
, 2021, between the City of Glendale, an Arizona municipal corporation (the

“City”), and San Diego Police Equipment Company, Inc., a(n) California corporation authorized to
do business in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

On March 29, 2019, under State of Arizona purchasing cooperative, the State of Arizona
entered into a contract with Contractor to purchase the goods and services described in the
contract CTR043478 (“Cooperative Purchasing Agreement”), which is attached hereto as
Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other
governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the patties agree as follows:

1.

Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was March 29, 2019, until the date the contract expires on March 29, 2022 unless
the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of
the original contracting parties. The Cooperative Purchasing Agreement, however, may not
be extended beyond March 29, 2024. The initial period of this Agreement, therefore, is the
period from the Effective Date of this Agreement until March 29, 2022. The City may renew
the term of this Agreement for two (2) one-year periods until the Cooperative Purchasing

1/2/2020

nN

~

Agreement expires on March 29, 2024. Glendale renewals are not automatic and shall only
occur if the City gives the Contractor notice of its intent to renew. The City may give the
Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the
Effective Date to effectuate such renewal.

Scope of Work; Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the terms, conditions and specifications of the

Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or services purchased under this

Agreement shall not exceed one hundred seventy thousand dollars ($170,000) annually
or three hundred sixty-six thousand five hundred dollars ($366,500) for the entire term
of the Agreement (initial term plus any renewals).

Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the

Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.

4/29/2021

9. Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

10. Notices. Any notices that must be provided under this Agreement shall be sent to the Patties’
respective authorized representatives at the address listed below:

City of Glendale

c/o Chris Briggs, Police Chief
6835 North 57" Drive
Glendale, Arizona 85301

And

San Diego Police Equipment Company, Inc.
c/o Ryan King

8205-A Ronson Road

San Diego, California 92111

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.

“City” “Contractor”

City of Glendale, an Arizona San Diego Police Equipment Company, Inc.,

municipal corporation a California Corporation

a vA

By: By: 5 = (
Kevin R. Phelps Name: Ryan_King ~
City Manager Title: Sales Manager

ATTEST:

Julie K. Bower (SEAL)

City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SAN DIEGO POLICE EQUIPMENT COMPANY, INC.

EXHIBIT A
(State of Arizona Contract CTR043478)

4/29/2021

Public Contract Manage: Buyer Arizona

Page 1 of 1
EXHIBIT A

|
|

CONTRACT INFO

Amendment #: 1

Label Amendment Ammunition Products Statewkle #1

Type: Master Agreement
Supplier SAN O/EGO POLICE EQUIPMENT CO NC
Contract Description

Agency Project ID

Federal ProjectiD

Alternate Cantract 1D

OnginalEnd Qate 3/29/2020 Cammodiies © 46101600 - Ammuritton

Actual End Date

Validity Running

Statewnde Contract

Contracting Agency © Arizana Department of Administration

PRICE LIST |
Label Product Code Short Description Supplier Supplier Reference No. Manufacturer Reference No. Currency UOM Negotiated Price
Ammunition CTRO43478-1 Misc Line Item EQUIPMENT COME crR043478 ote each 000

1 Result(s)
EXHIBITS:
Title Tyre

Insurance Documents Insurance Documents

Amendment 1 General Documents
Signed Offer and Acceptance Finalized Conwract
3 Resultis)

https://app.az.gov/print.aspx/en/ctr/contract_manage_public/43900?modal=true

4/23/2019

ARIZONA

Contract Header

Label

Ammunition Products Statewide

Supplier

SAN DIEGO POLICE EQUIPMENT CO INC

Contract Amount

Contract Scope

Organizations
State of Arizona

Commodities
Ammunition
Documents
Title Type
Insurance Insurance

Documents Documents

Amendment General
1 Documents

Signed Offer alized

and Contract
Acceptance

General

Price List
Documents

Procurement General
File Documents

Amendment General
Title Rgsgments

ra English v

Type
Master Agreement

Contract Code
_ CTRO43478-3

Currency

USD

Contract Validity

Effective date
3/29/2019

Extended to Date

3/29/2022

Items

Name

.22 LONG
RIFLE, 22 LR,
HV 36 GR
COPPER
PLATED HP,
745,
5250/case

.22 LONG
RIFLE, 22LR,
HIGH
VELOCITY 40
GR SOLID,
AE5022,
5000/case

.22 LONG
as

End Date
3/29/2022

Product Code Negotiated Price Currency UON

CTRO43478-

136 198.36 USD Case

CTRO43478-

137 206.55 USD Case

Product Code Negotiated Price Currency UON

Contract Amendment

Ammunition Products Staewide .
Arizona Department of
Administration
State Procurement Office
100 N. 15" Avenue, Suite 402
Phoenix, AZ 85007

(CTR043478 APP Amendment #3

In accordance with the Uniform Terms and Conditions, Section 3.4 Contract Extensions, this Contract is
amended as follows:

The Contract CTRO43478 Shall be extended until 3/29/22

ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED

ACKNOWLEDGEMENT AND AUTHORIZATION

This amendment shall be fully executed upon the electronic approval in the State e-Procurement system by an authorized
representative of the Contractor and applied to the contract in the State e-Procurement system by the Procurement
Officer or delegate.
Available online at |
| app.az.gov

Page | 1

Request for Proposal

a Arizona Department of Administration
Solicitation No. State Procurement Office
BPmo000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

Attachment 1
Offer and Acceptance Form

SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide AMMUNITION in compliance with the Solicitation indicated
above and our Offer indicated by the latest dated version below:

Initiat | 1. 3/6/19 Wn egies’
2.] x 3.| x 4. |x
Revised date #1 initial date #1 Initial date #1 initial
omer 1 5. | x 6. |x 7. |x
date #4 initial date #5 initial date #6
dale Ln EO YD

San Diego Police Equipment Co., Inc. Py iS

Signature Stpérson authorized to sign Offer

Offeror company name
8205-A Ronson Road Ryan King, Sales Manager

Printed name and titie

Address

San Diego, CA 92111 Same

City } State | ZIP Contact name and title

33-0713803 tyan@sandiegopoliceequipment.com 858-974-8500

Federal tax identifier (EIN or SSN) Contact Email Address

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

1. will not discriminate against any employee or appticant for employment in violation of Federal Executive Order 11246, [Arizona] State
Executive Order 2009-9 or A.R.S. §§ 41-1461 through 1465;

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

3. complies with A.R.S. § 41-3532 when offering electronics or information technology products, services, or maintenance; and

is not debarred from, or otherwise prohibited from Participating in any contract awarded by federal, state, or local government.

Contact phone number

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by number # at the top of
this form, and which was dated date (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached
Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or
Perform any service under the Contract unti Contractor receives the applicable Order or writ tice to proceed from Procurement Officer.

g / 4 Contract awarded 7 24 9

Date

The effective date of the Contract is:
Date

2 bhhen bevel. ood.

: Procurement Officer signature Procurement Offiter,

PART 3 of the Solicitation Documents

Template version 3.0 (12-OCT-2018) Page 14 of 38

APP .AZ. gov

SECTION 3-B: Offer Forms 3

Available online at

Request for Proposal

Solicitation No.
BPM000781
Description:
Ammunition Products Statewide

Arizona Department of
Administration

State Procurement Office

100 N 15th Ave., Suite 402
Phoenix, AZ 85007

CONTENTS:

SECTION 3-A: INSTRUCTIONS TO OFFERORS

Part 3 of the Solicitation

SECTION 3-B: OFFER FORMS (ATTACHMENTS)

ATTACHMENT 1........

ATTACHMENT 2-A....
ATTACHMENT 2-B....
ATTACHMENT 3-A....
ATTACHMENT 3-B....
ATTACHMENT 3-C...
ATTACHMENT 3-D...
ATTACHMENT 4........
ATTACHMENT 5-A....
ATTACHMENT 5-B....
ATTACHMENT 5-C...
ATTACHMENT 5-D....

vee teceeseeeaeeseeeseeesesseecaserseceesatenseatense 2

si eteseeeseesceseeseeeesecneceaeceaeeseenseatens 13

OFFER AND ACCEPTANCE FORM ......c.ccccccccccesteeseereeees 14
EXPERIENCE AND CAPACITY QUESTIONNAIRE... .15
ORGANIZATION PROFILE.....0...ccccccccsecsescsessssestscscsveveesavane 21
METHOD PROPOSAL (METHOD OF APPROACH))............ 23

KEY PERSONNEL PROPOSAL

PART 3 of the Solicitation Documents
Template version 3.0 (12-OCT-2018)

Avaitable ontine at

Pp

P_

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Table of Contents
Page 1 of 38

g oOo Vv

Request for Proposal

Anzona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave , Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

Section 3-A: Instructions to Offerors

1.0 Definition of Terms

As used in these Instructions to Offerors, the terms listed below are defined as follows:

1.1 Arizona “Arizona Procurement Code” means, collectively, Title 41 Chapter 23, ef. sequitur, in
Procurement the Arizona Revised Statutes (abbreviated "A.R.S.") and administrative rules R2-7-101
ane , et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.").

AAC. NOTE: There are frequent references to the Arizona Procurement Code throughout the

Solicitation Documents, therefore, you will need to be familiar with ils provisions to be
able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a
reference compilation of the Arizona Procurement Code on its website:

https:!/spo.az.gov/administration-policy/state-procurement-resource/procurement-requlations

The Arizona State Legislature provides the official A.R.S. online at:

http://www. azleq.qov/ArizonaRevisedStatutes.asp

The Office of the Arizona Secretary of State provides the official A.A.C. online at:
http:/www.azsos.gov/rules/arizona-administrative-code

1.2 Clarifications “Clarifications” means, per A.A.C. R2-7-C313, communications between the
Procurement Officer and Offeror for the purpose of providing a greater mutual
understanding of the Offer. Clarifications may include demonstrations, questions and
answers, or elaborations on previously-submitted information.

1.3 Contract “Contract” is defined in paragraph 1.2 of the Uniform Terms and Conditions.

1.4 Contract “Contract Amendment" is defined in paragraph 1.3 of the Uniform Terms and
Amendment Conditions.

1.5 Contract Terms Contract Terms and Conditions" is defined in paragraph 1.8 of the Special Terms and
and Conditions Conditions.

1.6 Contractor “Contractor” is defined in paragraph 1.4 of the Uniform Terms and Conditions.

1.7, Evaluation “Evaluation” means, per A.A.C. R2-7-316, the process whereby the Procurement

Officer will determine which Responsive offers, revised offers, and best and final offers
are the most advantageous to State taking into consideration the evaluation factors set
forth in the Solicitation Documents.

1.8 Negotiation “Negotiation” means, per A.A.C. R2-7-101(32), an exchange or series of exchanges
between State and an offeror for the purposes set forth in A.A.C. R2-7-C314.
1.9 Not Susceptible “Not Susceptible for Award” means, per A.A.C. R2-7-C311, that the relevant offer has
for Award been determined by the Procurement Officer to fail one or more of the tests and

comparisons set forth therein. NOTE: A determination of Not Susceptible for Award and
a determination of Responsive are mutually exclusive.

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 2 of 38

Available online at: APP.AZ.govy

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

1.10 Offer: “Initial Offer" means, per A.A.C. R2-7-101(33), Offeror's proposal submitted to State in
Initial Offer; response to the Solicitation, as initially submitted.
Revised Offer; “ . " . . age
Best and Final Revised Offer” means any revised versions of the Initial Offer that Offeror has
submitted to State at State's request as permitted under A.A.C. R2-7-C314 and R2-7-
Offer (BAFO) Cats

“Best and Final Offer” (*BAFO”) means, per A.A.C. R2-7-101(8), the Revised Offer
submitted after negotiations have been completed that contain Offeror's most favorable
terms for price, service, and products to be delivered.

Reference to “an Offer, “the Offer,” or “your Offer" means any of the Initial Offer, a
Revised Offer, or the Best and Final Offer.

1.11 Offeror “Offeror” is the Person submitting an Offer; instructions addressed to “you” and
references to “your” items are to be construed as being synonymous with “Offeror” and
“Offeror's" throughout these Instructions to Offerors.

1.412 Pricing Document — “Pricing Document" means Section 2-B of the Solicitation Documents. Also known as
Pricing Document as defined in the Special Terms and Conditions.

1.13 The State’s e- “The State's e-Procurement System" is defined in paragraph 1.16 of the Special Terms
Procurement and Conditions.
System

1.14 Procurement “Procurement Officer" means the person, or his or her designee, who has been duly
Officer authorized by State to administer the Solicitation and make written determinations with

respect to the Solicitation. The Procurement Officer is identified in The State's e-
Procurement System.

1.15 Solicitation “Solicitation” means this procurement solicitation, which State is issuing as either:
1. an invitation for bids ("IFB") under A.R.S. § 41-2533;
2. arequest for proposals ("RFP") under A.R.S. § 41-2534;
3. a request for quotations ("RFQ") under A.R.S. § 41-2535; or
4. arequest for qualifications under A.R.S. §41-2558
Refer to the Solicitation Summary for which of the foregoing is this Solicitation.

1.16 Solicitation “Solicitation Amendment" means, per A.A.C. R2-7-303, a change to the Solicitation that
Amendment has been issued by Procurement Officer.

1.17 Solicitation “Solicitation Summary" means Section 1 of the Solicitation Documents.
Summary

1.18 State “State” is defined in paragraph 1.11 of the Uniform Terms and Conditions

1.19 Subcontract “Subcontract” is defined in paragraph 1.13 of the Uniform Terms and Conditions.

1.20 Subcontractor “Subcontractor” is defined in paragraph 1.19 of the Special Terms and Conditions.

2.0 Solicitation Inquiries

2.1 Duty to Examine the entire Solicitation, obtain clarification in writing for any questions or
Examine concerns by submitting inquiries, then examine your Offer thoroughly and carefully for
completeness and accuracy before submitting it. Lack of care in preparing an Offer will
not be grounds for modifying or withdrawing it after the due date and time.

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 3 of 38

Avaitable online at: APP.AZ.qgov

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

2.2 State Contact Direct all inquiries related to the Solicitation to Procurement Officer, including requests
Person for or inquiries regarding standards referenced in the Solicitation. Apart from the State's
e-Procurement System Help Desk, do not contact any State personnel other than
Procurement Officer concerning the Solicitation while it is in progress, through and
including award.

2.3 Submission Submit all inquiries related to the Solicitation in The State’s e-Procurement System.
of Inquiries The Procurement Officer will not respond to inquiries received in any other manner.

1. Submit technical inquiries about navigating and/or submitting proposals in the
State's e-Procurement System to the State's e-Procurement System Help Desk:

= by phone at (602) 542-7600, option2; or
* by email to https://app@azdoa.gov.

2. Submit all other inquiries about the Solicitation using the “Discussions with
Buyer” tab in the State’s e-Procurement System. Always refer to the
appropriate Solicitation document by page and paragraph number. Except for
technical inquiries about navigating and/or submitting proposals in the State's e-
Procurement system, the State is not responsible for responding to any inquiries
submitted less than 3 (three) business days before the offer due date and
time.

2.4 Timeliness Any inquiry or exception to the solicitation shall be submitted as soon as possible and
should be submitted at least seven days before the Offer due date and time for review
and determination by the State. Failure to do so may result in the inquiry not being
considered for a Solicitation Amendment.

2.5 Verbal or Emait An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry
Responses does not constitute a modification of the solicitation.

2.6 Solicitation Only a Solicitation Amendment issued in The State’s e-Procurement System can
Amendments change the Solicitation.

2.7 Pre-Offer

No Pre-Offer Conference will be held for this solicitation.
Conference

3.0 Offer Preparation

3.1 Online Documents The Solicitation Documents are only provided online in The State's e-Procurement
System; State will not provide any printed copies or other formats.

3.2, Electronic When submitting an Offer, only include files that are Microsoft Word documents, Excel
Submissions workbooks, or PowerPoint presentations and Adobe Acrobat documents. Obtain
advance approval before submitting files in any other format.
3.3. Deviations in When submitting an Offer, clearly indicate in writing any deviations from the
Offer Specifications or other Solicitation technical requirements documents. Any un-identified

deviation will be deemed void upon submission.

NOTE: Deviations are technica! exceptions of a significant but not material nature,
typically having to do with par/model numbers, details of attachments, mountings,
clearances, internal configurations, etc., and are not to be confused with the material
exceptions covered in paragraph 3.5.

3.4 Evidence of Intent — Every one of your Offer submissions (e.g. initial submission and any subsequent re-
submission) must contain Attachment 1 [Offer and Acceptance Form] with a signature

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 4 of 38

Available online at: APP .AZ gov

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

by your duly authorized officer, executive, principal, or agent. The signature will be
deemed to signify your intent to be bound by that Offer and the terms of the Solicitation,
and your representation that the information you have provided in that Offer is true and
accurate.

3.5 Exceptions to If you are submitting an Offer conditioned on exceptions to the Solicitation Documents,
Solicitation indicate "NO" on Attachment 5-B [Conformance Statement] and provide the required
Documents justification. Any exceptions taken elsewhere in an Offer or any of your preprinted or

Standard terms will be void in that Offer and without force or effect in any resulting
contract.

3.6 Insurance Provide the evidence of insurance availability, evidence of insurance in Place, evidence
and Bonds of bonding capacity, bonds in hand, or other security that are called for in Attachment 5-
C [Insurance and Bonding Evidence].

If you intend to withhold or redact any element of your evidence of insurance policy
compliance required by Section 6.2 of the Special Terms and Conditions [Contractor
Insurance Requirements] on the grounds that it is confidential information, then you
must claim it as such and submit the necessary substantiated justification with
each Offer using Attachment 5-A [Designation of Confidential Information] and as
per Instruction 4.7 Confidential Documents below.

Unless Procurement Officer has determined that your evidence documentation, or
some or all your insurance program, is confidential information under paragraph 4.7,
refusing after contract award to provide the complete, un-redacted copies of policies as
called for in that exhibit will be a material breach of the Contract.

3.7 Identification of State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use
Taxes in Offer taxes, as described in the Contract Terms and Conditions.

3.8 Excise Tax State is exempt from certain federal excise tax on manufactured goods; State will
provide the necessary exemption certificates as evidence to the extent exemption
applies to the Work.

3.9 Tax You must provide to State your federal employer identification number or social security
Identification number for the purposes of reporting monies paid under the Contract to appropriate
taxing authorities. The submission is mandatory under 26 U.S.C. §6041A. If the
identifier provided is a social security number, State shall only use it for tax reporting
purposes and only share it with appropriate government officials.

3.10 Disclosure If you are submitting an Offer despite having been debarred, suspended or otherwise
lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state or local government, or if any
such preclusion from participation from any public procurement activity is currently
pending, then you must provide with that Offer the name and address of the
governmental unit, the effective date, duration, and circumstances of the suspension,
debarment, or other preclusion, and your justification for State to consider the Offer
despite the suspension, debarment, or other preclusion. Include in your disclosure any
suspension, debarment, or other preclusion that is pending, but indicate that it is
pending.

3.11 Federal By signing an Offer, you will be deemed to have represented that both you and all your
Immigration Laws Proposed subcontractors are in compliance with federal immigration laws and
regulations relating to the immigration status of their personnel. State may, at its
discretion, demand evidence of compliance during Evaluation, which you must provide

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 5 of 38

Available ontine at: APP .AZ.qovy

Request for Proposal

Arizona Depariment of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

promptly. Not providing the evidence will be grounds for Procurement Officer to
determine that the Offer is Not Susceptible for Award.

3.12 Cost of Offer State will not reimburse to you or any of your prospective subcontractors, suppliers, or
Preparation consultants any costs associated with responding to the Solicitation.

3.13 Offshore Any services that are described in the specifications or scope of work that directly serve
Performance of the State of Arizona or its clients and involve access to secure or sensitive data or
Work Prohibited personal client data shall be performed within the defined territories of the United

States, Unless specifically stated otherwise in the specifications, this paragraph 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. Offerors shall declare all anticipated offshore
services in the proposal.

4.0 Submission of Offer

4.1 Required Offer INITIAL SUBMISSION:
Content Submit all of the tnitial Offer content called for in Section 3-B: Offer Forms
Attachments).

BEST and FINAL OFFER

Best and Final Offer (BAFO) must contain all of the Attachments indicated in the
applicable Procurement Officer request for a Submitted Offer. Make revisions in
response to the negotiations / discussions and the Procurement Officer's Request for
Best and Final Offer in all applicable documents and pricing grid in the State’s e-
procurement system.

4.2 Attachment Forms — {f an Atlachment indicates that a “Form’ is being provided for an Attachment, then the
Solicitation includes the required form and format for submitting the Attachment. No
other form or format will be accepted, and your Offer can be determined to be Not
Susceptible for Award if you submit an unofficial form.

If, however, the Solicitation Documents indicate that you are allowed to attach
additional documents regarding a particular question or line item, then doing so will be
acceptable so long as the filled-out Attachment clearly states “See Attachment X
Supplement (#1 of 2)", etc., and the additional document is clearly marked as
“Attachment X Supplement (#1 of 2),” etc.

NOTE (1): Each Form has a blank space to list your Attachment Supplements.

NOTE (2): You must upload each such “additional” document as an individual file and
name the file to match the document title.

NOTE (3): Do not include non-specific marketing materials in an Offer. If something is
not specifically called for, then including it will not be helpful during Evaluation, and
might in fact be grounds for down-grading if it does not address your experience and
capacity to carry out the work for this Solicitation.

4.3 Pricing Pricing must be shown in the EXCEL document titled as follows:
Attachment 4 Pricing

4.4 Submission Submit each Offer online in The State’s e-Procurement System before the “Bid
Opening Date” indicated for the “Solicitation No.” State will not consider a proposal

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 6 of 38

Available online at: APP .AZ gov

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

submitted by any other method other than The State’s e-Procurement System, and it
will be deemed void upon submission. By A.A.C. R2-7-C307, State will not consider
later offers. State will give no extension or grace period for delays or incomplete
Proposals caused by internet connectivity problems, file uploading difficulties, or
misunderstanding of the requirements or procedures for online submission in The
State's e-Procurement System. If your proposal is not submitted correctly, completely,
and in conformance to these Instructions herein, then Procurement Officer may
determine it Not Susceptible for Award.

NOTE: Using the State's e-Procurement System requires a certain level of technical
competency, select your staff to submit proposals and handle other Solicitation general
matters in The State's e-Procurement System carefully, since the State's e-
Procurement System Help Desk cannot do any of the required actions for you.

4.5 Solicitation Acknowledge each Solicitation Amendment in The State’s e-Procurement
Amendments System. By A.A.C. R2-7-C303(C), you must acknowledge every Solicitation
Amendment issued as of the due date and time for an Offer to be Responsive. To be
Responsive you must submit or re-submit your offer. If you have submitted your
proposal early, you must be alert for subsequent Solicitation Amendments if one is
issued after your submission but before offer due date and time, then the Procurement
Officer may determine the Offer to be Not Responsive if you have not acknowledged it.

4.6 Amending or You cannot amend or withdraw a submitted proposal after the offer due date and time
Withdrawing unless expressly permitted under applicable law.

4.7 Confidential If you believe that a portion of your Offer (or a protest or other correspondence)
Information contains a trade secret or other manner of your proprietary information, you must:

1. indicate on Attachment 5-A [Designation of Confidential Information] that your
proposal contains such claimed confidential information; and

2. designate clearly throughout the Offer each instance of that trade secret or other
proprietary information in the other portions of your proposal using the term
“confidential.”

Simply indicating that the proposal contains confidential information is not
sufficient to claim the protections under A.A.C. R2-7-C317 — Attachment 5-A must
be accompanied by a detailed explanation as to why each item or category of items
in the proposal should be designated confidential information.

Submit Confidential Information/Documentation as a Supplement(s) to Section 5-

A. DO NOT incorporate information you are requesting to be determined as
Confidential in any other section of your response. If the Confidential

information is to be responsive to another Section/Question, simply provide a
statement providing the Section 5-A Supplement Title to be reviewed by the
Evaluators.

Procurement Officer shall review your claim of confidentiality and provide a written
determination; until a written determination has been made, Procurement Officer shalt
not disclose the claimed information to anyone who does not have a legitimate State
interest. If Procurement Officer denies the claim of confidentiality, you may appeal the
determination to the State Procurement Administrator within the time specified in the
determination.

NOTE: Contract terms and conditions, pricing, and information generally available to
the public are not and will not be designated confidential information.

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 7 of 38

Availabie online at: APP.AZ.qgovy

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

4.8 Public Record Once submitted and opened by Procurement Officer, your Offer is a public record and
must be retained by State for 6 (six) years. All offers will be available for public
inspection in the State's e-Procurement System after the resulting contracts have been
awarded, except for any portions that were determined to be confidential information.

Procurement Officer shall make the names of Persons who submitted offers available
in The State's e-Procurement System promptly after the opening date.

49 Offeror ; By signing the Offer and Acceptance Form (or other official contract form specified by
Certification Procurement Officer), you will be deemed to have certified that:

1. you did not engage in collusion or other anti-competitive practices in connection
with the preparation or submission of your Offer; and

2. you do not discriminate against any employee or applicant for employment or
person to whom you provide services because of race, color, religion, sex,
national origin, or disability, and that you comply with an applicable federal, state,
and local laws and executive orders regarding employment.

5.0 Responsibility; Responsiveness and Acceptability

5.1. Responsibility In accordance with A.R.S. 41-2534(G), A.A.C. R27-C312 and R2-7-C316, the State
shall consider the following in determining Offeror's responsibility, as well, as the
responsiveness and acceptability of their proposals. The State will consider, but is not
limited to, the following in determining an Offeror’s responsibility as well as
susceptibility to Contract Award:

4. Whether the Offeror has had a contract within the last five (5) years that was
terminated for cause due to breach or similar failure to comply with the terms of
the contract;

2. Whether the Offeror's record of performance includes factual evidence of failure
to satisfy the terms of the Offeror's agreements with any party to a contract.
Factual evidence may consist of documented vendor performance reports,
customer complaints and/or negative references;

3. Whether the Offeror is legally qualified to contract with the State and the Offeror's
financial, business, personnel, or other resources, including subcontractors;

4, Legally qualified includes if the vendor or if key personnel have been debarred,
suspended or otherwise lawfully prohibited from participating in any public
procurement activity, including but not limited to, being disapproved as a
subcontractor of any public procurement unit or other governmental body.

5. Whether the Offeror promptly supplied all requested information concerning its
responsibility;

6. Whether the Offer was sufficient to permit evaluation by the State, in accordance
with the evaluation criteria identified in this Solicitation or other necessary offer
components. Necessary offer components include: attachments, documents or
forms to be submitted with the offer, an indication of the intent to be bound,
reasonable or acceptable approach to perform the Scope of Work, signed
Solicitation Amendments, references to include experience verification, adequacy
of financial/business/personal or other resources to include a performance bond
and stability including subcontractors and any other data specifically requested in
the Solicitation;

7. Whether the Offer was in conformance with the requirements contained in the
Scope of Work, Terms and Conditions, and Instructions for the Solicitation and its
Amendments, including the documents incorporated by reference;

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 8 of 38

Available online at: APP.AZ. qovy

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

8. Whether the Offer limits the rights of the State;

9. Whether the Offer includes or is subject to unreasonable conditions, to include
conditions upon the State or necessary for successful Contract performance. The
State shall be the sole determiner as to the reasonableness of a condition;

10. Whether the Offer materially changes the contents set forth in the Solicitation,
which includes the Scope of Work, Terms and Conditions, or Instructions; and,
11. Whether the Offeror provides misleading or inaccurate information.

5.2 Responsiveness Proposals that do not contain information sufficient to evaluate the proposal in
and Acceptability accordance with the factors identified in the solicitation or other necessary proposal
components may not be considered responsive and/or acceptable. Necessary
components include an indication of the Offeror's intent to be bound, price proposal,
solicitation amendments, bond and reference data as required.
Proposal Content. The Offeror shall make a firm commitment to provide services as
required and proposed.
+ The material contained in the Offer shall be relevant to the service requirements
stated in the solicitation.
* Itis to be submitted in a sequence that reflects the scope of work section of this
document.
* Itis to include information relevant to the designated evaluation criteria.
+ Failure to include the requested information may have a negative impact on the
evaluation of the Offeror's proposal.

5.3 Eligibility for If Procurement Officer determines an offeror is Not Responsible, then he or she is not
Evaluation and permitted by A.A.C, R2-7-C314 to give further consideration to its offer or include it in
Negotiation any Negotiation or make Evaluation of its offer. If, however, Procurement Officer

determines that an offer is Responsive (i.e., there is no applicable determination of Not
Susceptible for Award), then he or she is obliged by A.A.C. R2-7-C314 to make
Evaluation of it and include the offeror in the immediate round of Negotiation (if there is
any Negotiation).

If Procurement Officer determines subsequently that your Revised Offer is Not
Susceptible for Award by virtue of comparison to other revised offers per A.A.C.
R2-7-C314(A)(3), then he or she will not include you in any further Negotiation. For
clarity of intent, the foregoing means that Procurement Officer may reduce the number
of offers that are “susceptible for award" with each successive round of Negotiation,
since the purpose of Negotiation is to achieve best value for State.

6.0 Evaluation of Offers

6.1 Offer Validity By submitting an Offer, you agree to hold it open for the validity period specified in the
Period Solicitation Summary. If no validity period is specified therein, then you shall hold your

Offer open for 180 (one hundred eighty) days. The specified or default validity period
(whichever applies) re-starts upon submission of each Revised Offer or a Best and
Final Offer.

6.2 Clarifications Upon receipt and opening of proposals submitted in response to this solicitation, the
State may request oral or written clarifications, including demonstrations or questions
and answers, for the sole purpose of information gathering or for eliminating minor
informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not
otherwise afford Offerors the opportunity to alter or change their proposal.

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
femplate version 3.0 ({2-OCT-2018) Page 9 of 38

Available online at: APP.AZ.gqgovy

Request for Proposal

Arizona Depariment of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

6.3 Oral The State may request oral presentations. If requested, the Offeror shall be available
Presentations for oral presentations with no more than ten (10) business days advance notice.
Participants in the oral presentations should include the Offeror's key persons. Such
oral presentations shall not otherwise afford an Offeror the opportunity to alter or
change its Offer.

6.4 Cost or Pricing Submit any cost or pricing data promptly that Procurement Officer requests under
Data A.R.S § 41-2543 per A.A.C. R2-7-702(B)(2). Procurement Officer may make the
following preconditions for eligibility and award:
1. submission of appropriate cost or pricing data under A.A.C. R2-7-704;
2. determination that the submitted cost or pricing data demonstrates that pricing is
fair and reasonable under A.A.C. R2-7-702(A); and,
3. determination that the data is not defective under A.A.C, R2-7-705.

6.5 Evaluation In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be
Criteria made to the responsible Offeror(s) whose proposal is determined in writing to be the
most advantageous to the State based upon the evaluation criteria listed below. The
evaluation factors are listed in their relative order of importance.

6.5.1 Capacity of Offeror, Experience;
6.5.2 Methodology: and
6.5.3 Cost.

6.6 Negotiations In accordance with A.R.S. § 41-2534, after the initial receipt of proposals, the
Procurement Officer may conduct discussions with those Offerors who submit
Proposals determined by the State to be reasonably susceptible of being selected for
award.

Procurement Officer will request a best and final offer from any offerors with whom
negotiation has been conducted, provided that, State may make award made without
any Negotiation and therefore every offeror is forewarned to always submit its offer
complete and on the most favorable terms initially, and not to assume any opportunity
for Negotiation.

6.7 Financial Stability — You must be able to substantiate your financial stability to State's satisfaction as a
precondition of any contract award. Procurement Officer may demand documentation
such as current and audited financial statements, including income and balance sheets,
directly from you or may obtain reports from independent financial rating services. Not
Providing the evidence will be grounds for Procurement Officer determining your Offer
is Not Susceptible for Award.

6.8 Consideration of Procurement Officer may determine that your Offer is Not Susceptible for Award if it is
Exceptions conditioned on an exception to a material aspect of the Solicitation. Even if
Procurement Officer determines that an exception is one that does not merit Not
Susceptible for Award determination, he or she may down-grade your Offer in
Evaluation if the exception is significant.

6.9 Consideration of Procurement Officer may down-grade your Offer in Evaluation if it contains deviations
Deviations that, in his or her determination, materially reduce the value to State of affected
Materials or Services across the life-cycle thereof.
6.10 Consideration of Procurement Officer may credit any proposed prompt payment discounts for the

Prompt Payment purpose of evaluating offer prices.
Discount

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors

Template version 3.0 (12-OCT-2018) Page 10 of 38

Available online at: APP.AZ.Ggovy

Request for Proposal

Arizona Depariment of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

6.11 Consideration of
Taxes

6.12 Consideration of
Cost

6.13 Unit Price Prevails

6.14 Waiver and
Rejection

Procurement Officer shall not include Arizona Transaction Privilege Tax and other
sales/use taxes for the purpose of evaluating offer prices.

Regardless of the relative order assigned to cost in the Solicitation Summary, cost is an
essential consideration in every award State makes; State's intent is always to obtain
the best pricing available and it strives to make its evaluations be a straightforward
comparison of best value between the responsible and responsive proposals as far as
possible to the extent permissible under the Arizona Procurement Code.

In the case of discrepancy in your Offer between a unit price or rate and an extension
of that unil price or rate, the unit price or rate will prevail.

Notwithstanding any other provision of the Solicitation Documents, State reserves the
right to waive any minor informality, reject any or all offers or portions thereof or cancel
the Solicitation.

7.0 Award of Contract

7.1 Best Advantage to
State

7.2 Number of Types
of Awards

7.3. Contract Inception

7.4 Contract

Document
Consolidation

Under A.A.C. R2-7-C317, contracts will be awarded to the responsible offeror(s) whose
offer(s) is/are determined to be most advantageous to the State based on the stated
evaluation criteria.

State may make multiple awards or to award contracts by individual line items or
alternates, by group of line items or alternates, or to make an aggregate award, or
regional awards, whichever is determined to be most advantageous to State.

Your Offer does not constitute a contract nor does it confer any right on you to the
award of a contract. A contract is not created until your Offer has been accepted for
State by Procurement Officer's signature on the Offer and Acceptance Form. Notice of
award or of intent to award will not constitute State's acceptance of your Offer.

State may, at its option, consolidate the resulting contract documents after contract
award. Examples of such consolidation are reorganizing Solicitation Documents and
those components of the Accepted Offer not pertaining to the contract's operation and
excluding any components of the Accepted Offer that were not awarded. Contract
document consolidation will not, however, include or be construed to include any
materially change the Solicitation or the Contract.

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 11 of 38
Available online at: APP.AZ gov

Request for Proposal

Arizona Department of Administration

Solicitation No. State Procurement Office
BPM000781 100 N 15th Ave., Suite 402
Description: Phoenix, AZ 85007

Ammunition Products Statewide

8.0 Solicitation or Award Protests

Any protest must comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23,
Article 9, and rules adopted thereunder. Protests must be in writing and be filed with both Procurement Officer
and the State Procurement Administrator. Protest of the Solicitation must be received before the offer due
date and time. Protest of a proposed award or of an award must be received within 10 (ten) days after
Procurement Officer makes the procurement file available for public inspection. In either case, the protest
must include:

1.

2.
3.
4

the name, address, email address and telephone number of the interested party;
signature of the interested party or its representative;
identification of the purchasing agency and the solicitation or contract number;

a detailed statement of the legal and factual grounds of the protest including copies of relevant
documents; and

the form of relief being requested.

9.0 Comments Welcome

SEPARATELY AND APART FROM THIS SOLICITATION, The State Procurement Office periodically reviews
these Instructions to Offerors and welcomes any comments the public may have.

Please submit your comments to:

State Procurement Administrator,
State Procurement Office, 100 North 15th Avenue, Suite 402
Phoenix, Arizona, 85007

End of Section 3-A

PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors
Template version 3.0 (12-OCT-2018) Page 12 of 38

Available ontine at: APP.AZ.govy