LINKING AGREEMENT

City of Glendale — Regular Meeting (2023-12-12)

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Solicitation Instructions
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Instructions (rev 08-21) Page 1 of 24

Table of Contents:
Special Instructions to Offerors 2
Uniform Instructions to Offerors 18

Special Instructions to Offerors
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Instructions (rev 08-21) Page 2 of 24

1.
Definition of Terms
As used in these Instructions to Offerors, the terms listed below are defined as follows:
1.1.
“Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et. sequitur, in the
Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2-7-101 et. sequitur
in the Arizona Administrative Code (abbreviated “A.A.C.”).
NOTE: There are frequent references to the Arizona Procurement Code throughout the
Solicitation Documents, therefore, you will need to be familiar with its 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-regulations
The Arizona State Legislature provides the official A.R.S. online at:
http://www.azleg.gov/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” 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” is defined in paragraph 1.2 of the Uniform Terms and Conditions.
1.4.
“Contract Amendment” is defined in paragraph 1.3 of the Uniform Terms and Conditions.
1.5.
“Contract Terms and Conditions” is defined in paragraph 1.8 of the Special Terms and
Conditions.
1.6.
“Contractor” is defined in paragraph 1.4 of the Uniform Terms and Conditions.
1.7.
“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” 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.

Solicitation Instructions (rev 08-21) Page 3 of 24
1.9.
“Not Susceptible for Award” means, per A.A.C. R2-7-C311, that the relevant offer has 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.
1.10. Offer: Initial Offer; Revised Offer; Best and Final Offer (BAFO)
1.10.1. “Initial Offer” means, per A.A.C. R2-7-101(33), Offeror’s proposal submitted to State
in response to the Solicitation, as initially submitted.
1.10.2. “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-C315.
1.10.3. “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.
1.10.4. 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” 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.
1.12. “Pricing Document” means Pricing Document, part of the Solicitation Requirements. Also
known as Pricing Document as defined in the Special Terms and Conditions.
1.13. “The State’s e-Procurement System” is defined in paragraph 1.16 of the Special Terms and
Conditions.
1.14. “Procurement Officer” means the person, or his or her designee, who has been duly 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. “Small Business” means a for-profit or not-for-profit organization, including its affiliates, with
fewer than 100 full-time employees or gross annual receipts of less than $4 million for the last
complete fiscal year.
1.16. “Solicitation” means this procurement solicitation, which State is issuing as either:
1.16.1. an invitation for bids (“IFB”) under A.R.S. § 41-2533;
1.16.2. a request for proposals (“RFP”) under A.R.S. § 41-2534;
1.16.3. a request for quotations (“RFQ”) under A.R.S. § 41-2535; or

Solicitation Instructions (rev 08-21) Page 4 of 24
1.16.4. a request for qualifications under A.R.S. §41-2558.
1.16.5. Refer to the Solicitation Summary for which of the foregoing is this Solicitation.
1.17. “Solicitation Amendment” means, per A.A.C. R2-7-303, a change to the Solicitation that has
been issued by Procurement Officer.
1.18. “Solicitation Summary” means Section 1 of the Solicitation Documents.
1.19. “State” is defined in paragraph 1.11 of the Uniform Terms and Conditions.
1.20. “Subcontract” is defined in paragraph 1.13 of the Uniform Terms and Conditions.
1.21. “Subcontractor” is defined in paragraph 1.19 of the Special Terms and Conditions.
2.
Solicitation Inquiries
2.1.
Examine the entire Solicitation, obtain clarification in writing for any questions or 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.
2.2.
Direct all inquiries related to the Solicitation to Procurement Officer, including requests 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 of Inquiries
Submit all inquiries related to the Solicitation in The State’s e-Procurement System. The
Procurement Officer will not respond to inquiries received in any other manner.
2.3.1.
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 app@azdoa.gov.
2.3.2.
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 three (3)
business days before the Bid/Offer due date and time.

Solicitation Instructions (rev 08-21) Page 5 of 24
2.4.
Timeliness
Any inquiry or exception to the solicitation shall be submitted as soon as possible and should
be submitted at least three (3) business days before the Bid/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.
An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not
constitute a modification of the solicitation.
2.6.
Only a Solicitation Amendment issued in The State’s e-Procurement System can change the
Solicitation.
2.7.
Pre-Offer Conference
A Pre-Offer Conference will be held at the time and place indicated in the solicitation’s
“Process” field as found within the State's e-Procurement system, (https://app.az.gov);
attendance is not required but it’s highly recommended. The purpose of the conference will be
to clarify the contents of the solicitation in order to prevent any misunderstanding of the State
of Arizona's position. Any doubt as to the requirements of the solicitation or any apparent
omission or discrepancy should be presented to the State at the conference. The State of
Arizona will then determine the appropriate action necessary, if any, and issue a written
amendment to the solicitation if required. Oral statements or instructions will not constitute an
amendment to the solicitation.
Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, or this document in an alternative format, by contacting the State Procurement
Office. Requests should be made as early as possible to allow sufficient time to arrange for
accommodation.
3.
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.
SUPPLIER REFERENCE GUIDES at: https://spo.az.gov/app/supplier/QRG
3.2.
Electronic Submissions
When submitting an Offer, only include files that are Microsoft Word documents, Excel
workbooks, or PowerPoint presentations and Adobe Acrobat documents. Obtain advance
approval from the State’s e-Procurement Help Desk before submitting files in any other format.

Solicitation Instructions (rev 08-21) Page 6 of 24
Maximum file size allowed is 25mbp.
3.2.1.
Upload all Solicitation Attachments as required, within the APP Prepare RFx
Technical and Financial Questions Tab.
3.2.2.
Prepare and submit your confidential information following the instructions in
section 4.7 Confidential Information,
3.3.
Deviations in Offer
When submitting an Offer, clearly indicate in writing any deviations from the Specifications or
other Solicitation technical requirements documents. Any un-identified deviation will be
deemed void upon submission.
NOTE: Deviations are technical exceptions of a significant but not material nature, typically
having to do with part/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 the Attachment “Offer and Acceptance Form”, with a signature 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 Solicitation Documents
If you are submitting an Offer conditioned on exceptions to the Solicitation Documents, indicate
“NO” on Solicitation Attachment “Conformance Statement” and provide the required
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 and Bonds
Provide the evidence of insurance availability, evidence of insurance in place, evidence of
bonding capacity, bonds in hand, or other security that are called for in the Solicitation
Attachment “Letter of Insurability”.
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 the Solicitation

Solicitation Instructions (rev 08-21) Page 7 of 24
Attachment “Designation of Confidential Information” and as per Instruction 4.7 Confidential
Documents below.
Unless the 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 Taxes in Offer
State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use 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 Identification
You must provide to State your federal employer identification number or social security
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 Immigration Laws
By signing an Offer, you will be deemed to have represented that both you and all your
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 promptly. Not providing the

Solicitation Instructions (rev 08-21) Page 8 of 24
evidence will be grounds for the Procurement Officer to determine that the Offer is Not
Susceptible for Award.
3.12. Cost of Offer Preparation
State will not reimburse you or any of your prospective subcontractors, suppliers, or
consultants any costs associated with responding to the Solicitation.
3.13. Offshore Performance of Work Prohibited
Any services that are described in the specifications or scope of work that directly serve the
State of Arizona or its clients and involve access to secure or sensitive data or 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. Submission of Offer
4.1. Required Offer Content
4.1.1.
INITIAL SUBMISSION: Submit all of the Initial Offer content within the APP / Prepare
RFx / Technical Questions and Financial Questions tabs.
4.1.2.
BEST AND FINAL OFFER: A new round is created in APP for the submission of the
Best and Final Offer (BAFO). The 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
BAFO in all applicable documents and Attachment “Pricing” or the pricing grid in the
State’s e-procurement system.
4.1.2.1.
The new round must be acknowledged and an updated Solicitation
Attachment “Offer and Acceptance Form” with the required signature and
date must be uploaded.
4.1.3.
The Offeror is required to complete the APP Items (F) tab OR input $1.00 for the line
item in the Items (F) tab in APP for the original offer, and for the BAFO submission.
4.2. Attachment Forms
If an Attachment 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.

Solicitation Instructions (rev 08-21) Page 9 of 24
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 Name Supplement (#1 of 2)”, etc.,
and the additional document is clearly marked as “Attachment Name 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 shall be entered within the Excel document titled BPM004092 Pricing Document.
Offeror shall complete the Line Item in the Items (F) tab in APP by adding $1.00 in order for the
Offer to be considered.
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 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 Amendments
Acknowledge each Solicitation Amendment in The State’s e-Procurement 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.

Solicitation Instructions (rev 08-21) Page 10 of 24
Amendments to the Solicitation create new rounds in APP. You must acknowledge each round
created by an amendment for your Offer in order for your Offer to be Responsive.
In the event you have submitted an offer prior to a Solicitation amendment, you must
acknowledge and upload your offer documents to the new round.
If you have submitted your proposal early, you must be alert for subsequent Solicitation
Amendments. If an Amendment is issued after your submission, but before Bid/Offer due date
and time, then the Procurement Officer may determine the Offer to be Non-Responsive if you
have not acknowledged the Amendment.
4.6. Amending or Withdrawing
You cannot amend or withdraw a submitted proposal after the Bid/Offer due date and time unless
expressly permitted under applicable law.
4.7. Confidential Information
If you believe that a portion of your Offer (or a protest or other correspondence) contains a trade
secret or other manner of your proprietary information, you must:
4.7.1.
Indicate on the Solicitation Attachment “Designation of Confidential Information” that
your proposal contains such claimed confidential information; and,
4.7.2.
Separate the documents you claim to be confidential from the offer documents and
upload them separately. Prepare to upload each confidential document as a separate
confidential document in your response following the instructions in the Arizona
Department of Administration Procurement page under Arizona Procurement Portal
(APP) Suppliers Tab. Under the Quick Reference Guides / Solicitations, review the
Adding Confidential Documents to an Offer/ Response.
4.7.3.
Upload each document you claim to be confidential separate from each other and follow
the naming convention:
Confidential - Supplement - Offeror File Name
Simply indicating that the proposal contains confidential information is not sufficient to claim the
protections under A.A.C. R2-7-103. The “Confidential Information Designation” Attachment 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 8, follow the
naming convention: Confidential - Supplement - Offeror File Name DO NOT incorporate
information you are requesting to be determined as Confidential in any other section of your
response.

Solicitation Instructions (rev 08-21) Page 11 of 24
Procurement Officer shall review your claim of confidentiality and provide a written determination;
until a written determination has been made, Procurement Officer shall 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.
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.
4.9. Offeror Certification
By signing the Offer and Acceptance Form (or other official contract form specified by Procurement
Officer), you will be deemed to have certified that:
4.9.1.
you did not engage in collusion or other anti-competitive practices in connection with the
preparation or submission of your Offer; and
4.9.2.
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. Responsibility; Responsiveness and Susceptibility
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:
5.1.1.
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;
5.1.2.
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

Solicitation Instructions (rev 08-21) Page 12 of 24
evidence may consist of documented vendor performance reports, customer complaints
and/or negative references;
5.1.3.
Whether the Offeror is legally qualified to contract with the State and the Offeror’s
financial, business, personnel, or other resources, including subcontractors;
5.1.4.
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.
5.1.5.
Whether the Offeror promptly supplied all requested information concerning its
responsibility;
5.1.6.
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;
5.1.7.
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;
5.1.8.
Whether the Offer limits the rights of the State;
5.1.9.
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;
5.1.10. Whether the Offer materially changes the contents set forth in the Solicitation, which
includes the Scope of Work, Terms and Conditions, or Instructions; and,
5.1.11. Whether the Offeror provides misleading or inaccurate information.
5.2. Responsiveness and Susceptibility
Proposals that do not contain information sufficient to evaluate the proposal in 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

Solicitation Instructions (rev 08-21) Page 13 of 24
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.
•
It is to be submitted in a sequence that reflects the scope of work section of this document.
•
It is 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 Evaluation and Negotiation
5.3.1.
If Procurement Officer determines an Offeror is Not Responsible, then he or she is not
permitted by A.A.C. R2-7-C314 to give further consideration to its offer or include it in
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).
5.3.2.
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. Evaluation of Offers
6.1. Offer Validity Period
By submitting an Offer, you agree to hold it open for the validity period specified in the 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

Solicitation Instructions (rev 08-21) Page 14 of 24
nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford Offerors the
opportunity to alter or change their proposal.
6.3. Oral Presentations
The State may request oral presentations. If requested, the Offeror shall be available 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 Data
Submit any cost or pricing data promptly that Procurement Officer requests under 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:
6.4.1.
submission of appropriate cost or pricing data under A.A.C. R2-7-704;
6.4.2.
determination that the submitted cost or pricing data demonstrates that pricing is fair and
reasonable under A.A.C. R2-7-702(A); and,
6.4.3.
determination that the data is not defective under A.A.C. R2-7-705.
6.5. Evaluation Criteria
In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be 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
Cost;
6.5.2
Experience and Capacity; and
6.5.3
Proposed Approach - Methodology.
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.

Solicitation Instructions (rev 08-21) Page 15 of 24
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 Exceptions
Procurement Officer may determine that your Offer is Not Susceptible for Award if it is
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 Deviations
Procurement Officer may down-grade your Offer in Evaluation if it contains 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 Prompt Payment Discount
Procurement Officer may credit any proposed prompt payment discounts for the purpose of
evaluating offer prices.
6.11. Consideration of Taxes
Procurement Officer shall not include Arizona Transaction Privilege Tax and other sales/use
taxes for the purpose of evaluating offer prices.
6.12. Consideration of Cost
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.
6.13. Unit Price Prevails
In the case of discrepancy in your Offer between a unit price or rate and an extension of that unit
price or rate, the unit price or rate will prevail.

Solicitation Instructions (rev 08-21) Page 16 of 24
6.14. Waiver and Rejection
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. Award of Contract
7.1. Best Advantage to State
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.
7.2. Number of Types of Awards
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.
7.3. Contract Inception
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.
7.4. Contract Document Consolidation
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.
7.5. Viewing Awarded Contracts
To view awarded Contracts: 1. Go to app.az.gov 2. Select: State Contracts (Blue tab), 3.
Search using “Keywords:” enter name of solicitation Label and click on “Search”. A listing of
Contracts with the description (name of Contract Set) will appear below. 4. To view a Contract,
click on pencil next to Contract number. 5. Contact Help Desk at 602-542-7600 for assistance.
8. 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 Bid/Offer due date and time. Protest of a proposed award or of an award must be

Solicitation Instructions (rev 08-21) Page 17 of 24
received within 10 (ten) days after Procurement Officer makes the procurement file available for public
inspection. In either case, the protest must include:
8.1. the name, address, email address and telephone number of the interested party;
8.2. signature of the interested party or its representative;
8.3. identification of the purchasing agency and the solicitation or contract number;
8.4. a detailed statement of the legal and factual grounds of the protest including copies of relevant
documents; and
8.5. the form of relief being requested.
9. 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
Phoenix, Arizona, 85007

Uniform Instructions to Offerors
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass Bead
Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Instructions (rev 08-21) Page 18 of 24
1.
Definition of Terms
As used in these Instructions, the terms listed below are defined as follows:
1.1.
“Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer.
1.2.
“Best and Final Offer” means a revision to an Offer submitted after negotiations are completed
that contains the Offeror’s most favorable terms for price, service, and products to be delivered.
Sometimes referred to as a Final Proposal Revision.
1.3.
“Contract” means the combination of the Solicitation, including the Uniform and Special Terms
and Conditions, and the Specifications and Statement or Scope of Work; the Offer, any
Clarifications, and any Best and Final Offers; and any Solicitation Amendments or Contract
Amendments.
1.4.
“Contract Amendment” means a written document signed by the Procurement Officer issued for
the purpose of making changes in the Contract.
1.5.
“Contractor” means any person who has a Contract with a state governmental unit.
1.6.
“Day” means calendar days unless otherwise specified.
1.7.
“eProcurement (Electronic Procurement)” means conducting all or some of the procurement
functions over the Internet. Point, click, buy and ship Internet technology is replacing paper based
procurement and supply management business processes. Elements of eProcurement also
include Invitation for Bids, Request for Proposals, and Request for Quotations.
1.8.
“Exhibit” means any document or object labeled as an Exhibit in the Solicitation or placed in the
Exhibits section of the Solicitation.
1.9.
“Offer” means a response to a solicitation.
1.10.
“Offeror” means a person who responds to a Solicitation.
1.11.
“Person” means any corporation, business, individual, union, committee, club, or other
organization or group of individuals.
1.12.
“Procurement Officer” means the person, or his or her designee, duly authorized by the State to
enter into and administer Contracts and make written determinations with respect to the Contract.
1.13.
“Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request for
Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued
by the purchasing agency to invite a person to submit an offer.
1.14.
“Solicitation Amendment” means a change to the Solicitation issued by the Procurement Officer.

Solicitation Instructions (rev 08-21) Page 19 of 24
1.15.
“Subcontract” means any Contract, express or implied, between the Contractor and another party
or between a subcontractor and another party delegating or assigning, in whole or in part, the
making or furnishing of any material or any service required for the performance of the Contract.
1.16.
“State” means the State of Arizona and Department or Agency of the State that executes the
Contract.
2.
Inquiries
2.1.
Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek
clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer.
Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer
after the Offer due date and time.
2.2.
Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or
inquiries regarding standards referenced in the Solicitation shall be directed solely to the
Procurement Officer.
2.3.
Submission of Inquiries. All inquiries related to the Solicitation are required to be submitted in
the State’s eProcurement system. All responses to inquiries will be answered in the State’s
eProcurement system. Any inquiry related to the Solicitation should reference the appropriate
solicitation page and paragraph number. Offerors are prohibited from contacting any State
employee other than the Procurement Officer concerning the procurement while the solicitation
and evaluation are in process.
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.
No Right to Rely on Verbal or Electronic Mail Responses. An Offeror shall not rely on verbal or
electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does not
constitute a modification of the solicitation.
2.6.
Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment.
2.7.
Pre-Offer Conference. If a Pre-Offer conference has been scheduled under the Solicitation, the
date, time and location shall appear in the State’s eProcurement system . Offerors should raise
any questions about the Solicitation at that time. An Offeror may not rely on any verbal responses
to questions at the conference. Material issues raised at the conference that result in changes
to the Solicitation shall be answered solely through a Solicitation Amendment.
2.8.
Persons With Disabilities. Persons with a disability may request a reasonable accommodation,
such as a sign language interpreter, by contacting the Procurement Officer. Requests shall be
made as early as possible to allow time to arrange the accommodation.

Solicitation Instructions (rev 08-21) Page 20 of 24
3.
Offer Preparation
3.1.
Electronic Documents. The Solicitation is provided in an electronic format. Offerors are
responsible for clearly identifying any and all changes or modifications to any Solicitation
documents upon submission to the State’s eProcurement system. Any unidentified alteration or
modification to any Solicitation, attachments, exhibits, forms, charts or illustrations contained
herein shall be null and void. Offeror’s electronic files shall be submitted in a format acceptable
to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft
Excel), .ppt and .pptx (Microsoft PowerPoint) and .pdf (Adobe Acrobat). Offerors wishing to
submit files in any other format shall submit an inquiry to the Procurement Officer.
3.2.
Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be
submitted with the Offer in the State’s eProcurement system and shall include a signature by a
person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound
by the Offer and the terms of the Solicitation and that the information provided is true, accurate
and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature,
shall result in rejection of the Offer.
3.3.
Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in
the State’s eProcurement system in a clearly identified separate section of the Offer in which the
Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur.
Any exceptions not included in such a section shall be without force and effect in any resulting
Contract unless such exception is specifically accepted by the Procurement Officer in a written
statement. The Offeror’s preprinted or standard terms will not be considered by the State as a
part of any resulting Contract.
3.3.1.
Invitation for Bids. An Offer that takes exception to a material requirement of any part
of the Solicitation, including terms and conditions, shall be rejected.
3.3.2.
Request for Proposals. All exceptions that are contained in the Offer may negatively
impact an Offeror’s susceptibility for award. An Offer that takes exception to any
material requirement of the solicitation may be rejected.
3.4.
Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s
proposed responsibilities in the Offer.
3.5.
Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to a
Solicitation.
3.6.
Federal Excise Tax. The State is exempt from certain Federal Excise Tax on manufactured
goods. Exemption Certificates will be provided by the State.
3.7.
Provision of Tax Identification Numbers. Offerors are required to provide their Arizona
Transaction Privilege Tax Number and/or Federal Tax Identification number as part of the Offer.
3.7.1.
Employee Identification. Offeror agrees to provide an employee identification number
or social security number to the State for the purposes of reporting to appropriate
taxing authorities, monies paid by the State under this Contract. If the federal identifier

Solicitation Instructions (rev 08-21) Page 21 of 24
of the Offeror is a social security number, this number is being requested solely for tax
reporting purposes and will be shared only with appropriate state and federal officials.
This submission is mandatory under 26 U.S.C. § 6041A.
3.8.
Identification of Taxes in Offer. The State is subject to all applicable state and local transaction
privilege taxes. All applicable taxes shall be identified as a separate item offered in the
Solicitation. When applicable, the tax rate and amount shall be identified on the price sheet.
3.9.
Disclosure. If the person submitting this Offer has 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, the
Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in
the Offer. The Offeror shall set forth the name and address of the governmental unit, the effective
date of the suspension or debarment, the duration of the suspension or debarment, and the
relevant circumstances relating to the suspension or debarment. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances including the details
enumerated above shall be provided.
3.10.
Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and
shall include all freight, delivery and unloading at the destination(s).
3.11.
Federal Immigration and Nationality Act. By signing of the Offer, the Offeror warrants that both it
and all proposed subcontractors are in compliance with federal immigration laws and regulations
(FINA) relating to the immigration status of their employees. The State may, at its sole discretion
require evidence of compliance during the evaluation process. Should the State request
evidence of compliance, the Offeror shall have five days from receipt of the request to supply
adequate information. Failure to comply with this instruction or failure to supply requested
information within the timeframe specified shall result in the Offer not being considered for
contract award.
3.12.
Offshore Performance of Work Prohibited. Any services that are described in the specifications
or scope of work that directly serve the State or its clients and involve access to secure or
sensitive data or 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 Offer.
4.
Submission of Offer
4.1.
Offer Submission, Due Date and Time. Offerors responding to a Solicitation must submit the
Offer electronically through the State’s eProcurement system. Offers shall be received before
the due date and time stated in the solicitation. Offers submitted outside of the State’s
eProcurement system or those that are received after the due date and time shall be rejected.

Solicitation Instructions (rev 08-21) Page 22 of 24
4.2.
Offer and Acceptance. Offers shall include a signed Offer and Acceptance form. The Offer and
Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and
shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation
due date and time. Failure to return an Offer and Acceptance form may result in rejection of the
Offer.
4.3.
Solicitation Amendments. A Solicitation Amendment shall be acknowledged in the State’s
eProcurement system no later than the Offer due date and time. Failure to acknowledge a
Solicitation Amendment may result in rejection of the Offer.
4.4.
Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due
date and time except as otherwise provided under applicable law.
4.5.
Confidential Information. If an Offeror believes that any portion of an Offer, protest, or
correspondence contains a trade secret or other proprietary information, the Offeror shall clearly
designate the trade secret and other proprietary information, using the term “confidential.” An
Offeror shall provide a statement detailing the reasons why the information should not be
disclosed including the specific harm or prejudice that may arise upon disclosure. The
Procurement Officer shall review all requests for confidentiality and provide a written
determination. Until a written determination is made, a Procurement Officer shall not disclose
information designated as confidential except to those individuals deemed to have a legitimate
State interest. In the event the Procurement Officer denies the request for confidentiality, the
Offeror may appeal the determination to the State Procurement Administrator within the time
specified in the written determination. Contract terms and conditions, pricing, and information
generally available to the public are not considered confidential information.
4.6.
Public Record. All Offers submitted and opened are public records and must be retained by the
State for six years. Offers shall be open and available to public inspection through the State’s
eProcurement system after Contract award, except for such Offers deemed to be confidential by
the State.
4.7.
Non-collusion, Employment, and Services. By signing the Offer and Acceptance form or other
official contract form, the Offeror certifies that:
4.7.1.
The Offeror did not engage in collusion or other anti-competitive practices in
connection with the preparation or submission of its Offer; and
4.7.2.
The Offeror does not discriminate against any employee or applicant for employment
or person to whom it provides services because of race, color, religion, sex, national
origin, or disability, and that it complies with an applicable federal, state and local laws
and executive orders regarding employment.
5.
Evaluation
5.1.
Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension
of that unit price or rate, the unit price or rate shall govern.

Solicitation Instructions (rev 08-21) Page 23 of 24
5.2.
Taxes. If the products and/or services specified require transaction privilege or use taxes, they
shall be described and itemized separately on the Offer. Arizona transaction privilege and use
taxes shall not be considered for evaluation.
5.3.
Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an
Offer shall be deducted from the Offer for the purpose of evaluating that price.
5.4.
Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.
5.5.
Disqualifications. An Offeror (including each of its principals) who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity shall have its
Offer rejected.
5.6.
Offer Acceptance Period. An Offeror submitting an Offer under the Solicitation shall hold its Offer
open for the number of days from the Offer due date that is stated in the Solicitation. If the
Solicitation does not specifically state a number of days for Offer acceptance, the number of days
shall be one hundred twenty (120). If a Best and Final Offer is requested pursuant to a Request
for Proposals, an Offeror shall hold its Offer open for one hundred twenty (120) days from the
Best and Final Offer due date.
5.7.
Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State
reserves the right to:
5.7.1.
Waive any minor informality;
5.7.2.
Reject any and all Offers or portions thereof; or
5.7.3.
Cancel the Solicitation.
6.
Award
6.1.
Number of Types of Awards. The State reserves the right to make multiple awards or to award
a Contract by individual line items or alternatives, by group of line items or alternatives, or to
make an aggregate award, or regional awards, whichever is most advantageous to the State.
6.2.
Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the
Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing
by the Procurement Officer’s signature on the Offer and Acceptance form. A notice of award or
of the intent to award shall not constitute acceptance of the Offer.
6.3.
Effective Date. The effective date of the Contract shall be the date that the Procurement Officer
signs the Offer and Acceptance form or other official contract form, unless another date is
specifically stated in the Contract.
7.
Protests
A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23,
Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement

Solicitation Instructions (rev 08-21) Page 24 of 24
Officer of the purchasing agency and with the State Procurement Administrator. A protest of the
Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a
proposed award or of an award shall be filed within ten (10) days after the Procurement Officer makes
the procurement file available for public inspection. A protest shall include:
7.1.
The name, address, email address and telephone number of the interested party;
7.2.
The signature of the interested party or its representative;
7.3.
Identification of the purchasing agency and the Solicitation or Contract number;
7.4.
A detailed statement of the legal and factual grounds of the protest including copies of relevant
documents; and
7.5.
The form of relief requested.
8.
Comments Welcome
The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes
any comments you may have. Please submit your comments to: State Procurement Administrator, State
Procurement Office, 100 North 15th Avenue, Phoenix, Arizona, 85007.

Request for Proposal

Notice Page
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 1

Solicitation Number:

BPM004092
Description:

Statewide Roadway and Airport Paint and Glass Bead
Quality Materials
Solicitation Due Date and Time:

Tuesday, January 4, 2022 at 2:00 PM (MST)

Pre-Offer Conference:

Wednesday, December 8, 2021 at 1:00 PM (MST)

There will be an optional Pre-Offer Conference on
Wednesday, December 8, 2021 at 1:00 PM (MST). To join
via computer, please follow the link: meet.google.com/dzn-
emkz-eyf. To join via phone, please call in at (US)+1 518-
547-0269 PIN: 299 252 769#.

Proposals will only be accepted online in “The State’s e-Procurement System” at
https://app.az.gov until the “Bid/Offer Due Date” indicated in “The State’s e-Procurement
System” for the Solicitation No. shown at the top of this page. Proposals must be in the State
Procurement Office’s possession online no later than that deadline.
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, option 2; or by
email to app@azdoa.gov
LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given 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”.
It is the responsibility of the supplier/offeror to routinely check the APP website for Solicitation
Amendments. Additional instructions for preparing an Offer are included in this solicitation.
Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible
to allow time to arrange for the accommodation.

Table of Contents
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 2

Notice Page
Table of Contents
Solicitation Summary

3
Scope of Work

5
Pricing Document

44
Special Terms and Conditions

48
Uniform Terms and Conditions

Solicitation Summary
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21)
Page 3
Solicit ation Summary
1.
What the State is Soliciting?
The Arizona Department of Administration, State Procurement Office (the State), as authorized under
A.R.S. § 41-2501 is seeking to establish one or more “statewide” contracts to provide Roadway and Airport
Paint and Glass Bead Quality Materials.
The State anticipates awarding contract(s) with the intent to secure service coverage statewide. Whether
or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded
between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded
contracts on an as-needed basis, with no guarantee as to its actual spending under them.
The State reserves the right to accept any item or combination of items specified in the solicitation, unless
the Offeror expressly restricts an item or combination of items in its Proposal, and conditions its response
on receiving all items for which it provided a proposal. In the event of such restriction, the State will
evaluate if an award on such basis will result with the best value and in the best interest for the State. The
State may otherwise determine at its sole discretion that such restriction is non-responsive and deem the
Offeror ineligible for further evaluation.
2.
What is in the Solicitation?
2.1.
At the time of publication, the following documents are included in the Solicitation:
2.1.1.
Attachment: BPM004092 Solicitation Requirements
2.1.1.1.
Notice / Cover Page
2.1.1.2.
Table of Contents
2.1.1.3.
Solicitation Summary
2.1.1.4.
Scope of Work
2.1.1.5.
Special Terms and Conditions
2.1.1.6.
Uniform Terms and Conditions

2.1.2.
Attachment: BPM004092 Solicitation Instructions
2.1.2.1.
Special Instructions to Offerors
2.1.2.2.
Uniform Instructions to Offerors

2.1.3.
Solicitation Attachments
2.1.3.1.
Offer and Acceptance Form
2.1.3.2.
Boycott of Israel Disclosure
2.1.3.3.
Confidential Information
2.1.3.3.1. Confidential Information Designation FOR REFERENCE ONLY
2.1.3.4.
Conformance Statements
2.1.3.4.1. Exceptions
2.1.3.5.
Key Personnel
2.1.3.6.
Letter of Insurability

Solicitation Requirements (rev 08/21)
Page 4
2.1.3.7.
Organization Profile
2.1.3.8.
Proposed Subcontractors
2.1.3.9.
Experience and Capacity Questionnaire
2.1.3.10.
References
2.1.3.11.
Method of Approach
2.1.3.12.
Pricing

2.2.
The State may issue a Solicitation Amendment at any time after solicitation publication, and
before the proposal due date. It is the responsibility of the supplier/offeror to routinely check the
APP website for any Solicitation Amendments and revised documents.

Scope of Work
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21)
Page 5
Scope of Work
1.
Purpose and Background
1.1.
The purpose of this solicitation is to establish the State’s Roadway and Airport Paint and Glass
Bead Quality Materials Program for Eligible Agencies, Employees and the State of Arizona.
1.2.
Background for Glass Beads for Pavement Marking Materials
The total annual usage of glass beads for fiscal year 2021 (July 2020 - June 2021) totaled to
$458,000 from agencies and participating Cooperatives. Typically, the statewide and regional
striping crews use the super sack, while the regional traffic striping crews use the 50 pound bags.
Super sacks are generally needed in Tucson, Holbrook, Phoenix, Safford and Kingman. Bags are
normally needed in Flagstaff, Holbrook, Payson, Phoenix and Prescott. Agencies and Co-op’s
container use and delivery location may vary from what is indicated here.
1.3.
Background for Waterborne Fast Dry Traffic Paint
The total annual usage of waterborne traffic paint for fiscal year 2021 (July 2020 - June 2021)
totaled to $454,000 from agencies and participating Cooperatives.
1.4.
Contractor Requirements
1.4.1.
Glass beads and their coatings (as applicable) shall be specifically designed and
manufactured for the purposes specified herein. The Contractor shall have specific
knowledge and experience in manufacturing and application of glass beads for the
pavement marking industry. Additionally, the Contractor shall have adequate
manufacturing, container, storage, and shipping capacity, to meet the State’s supply
needs. The Contractor shall provide consistent and periodic technical and field
service, training and inspection support, and processes (OEM) with regards to the
proper use and application of glass beads.
1.4.2.
Waterborne fast dry traffic paint shall be specifically designed and manufactured for
the purposes specified herein. The Contractor shall have specific knowledge and
experience in the areas related to traffic paints and the corresponding use of drop-on
glass beads in this type of pavement marking material. The exact composition of the
paint shall be determined by the Contractor within the applicable requirements of this
specification. It will be the Contractor’s responsibility to produce a pigmented
waterborne low VOC fast dry traffic paint.
2.
Scope of Work
2.1.
SCOPE REQUIREMENTS – GLASS BEADS
2.1.1.
GLASS BEAD GRADATION TYPES
A total of eight (8) types of glass beads are specified with different gradation
requirements. The sampling and testing method for all gradations shall be per

Solicitation Requirements (rev 08/21)
Page 6
ASTM-D 1214. The bead contract item, type and gradation requirements are as
follows:
2.1.1.1.
Glass Bead Item 1: ADOT Standard Specification Section 708 Glass
Bead
Gradation shall be per the 2019 version of ADOT Standard Specification
for Road and Bridge Construction Section 708 glass bead gradation per
subsection 708-2.02 Reflective Glass Beads (Spheres):, (B) Physical
Requirements:, (1) Gradation.
2.1.1.2.
Glass Bead Item 2: AASHTO M-247 Type 1 Glass Bead
Gradation shall be per the American Association of State Highway and
Transportation Officials (AASHTO) Standard Specification for Glass
Beads Used in Traffic Paint - AASHTO Designation: M 247-13, Type 1
standard gradation.
2.1.1.3.
Glass Bead Item 3: AASHTO M-247 Type 1 with 80% Rounds Glass
Bead
The same gradation requirements as Glass Bead Item 2 except it shall
have 80% rounds.
2.1.1.4.
Glass Bead Item 4: High Performance Glass Bead (Texas DOT Type 2 or
Similar)
The exact gradation and rounds requirement for this glass bead shall be
as offered by the Contractor. The only requirement is that the reflective
potential of this glass bead must exceed the reflective potential of types
1-3 and meet or exceed the gradation requirements of the Texas DOT
DMS-8290, Glass Traffic Bead, August 2004 Type 2 Gradation
requirements in the bigger bead sizes. The gradations offered shall
include the economy of the smaller bead types while including enough of
the larger type beads to optimize retroreflective potential. The percentage
of rounds can vary between gradation sieve sizes.
2.1.1.5.
Glass Bead Item 5: FP-96 Type 3 Glass Bead
Gradation shall be per the Federal Highway Administration (FHWA) FP-
96 Standard Specifications for Construction of Roads and Bridges on
Federal Highway Projects Type 3 glass bead gradation.

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Page 7
2.1.1.6.
Glass Bead Item 6: FP-96 Type 3 High Performance Glass Bead
The same gradation requirements as the Glass Bead Item 5, except it
shall be made of a clear or direct melt glass materials.
2.1.1.7.
Glass Bead Item 7: AASHTO M-247 Type 3 Glass Beads with 80%
Rounds Glass Bead
Gradation shall be per the American Association of State Highway and
Transportation Officials (AASHTO) Designation: M247-13, Type 3
standard gradation.
2.1.1.8.
Glass Bead Item 8: Federal Specification TT-B-1325D Airport Glass Bead
“Airport Quality” – Federal Specification is designed to make the line
markings on runways and taxiways even safer and continues to push the
boundaries of reflective paint.
2.1.2.
A sample of each type of glass bead may be requested after submission of
proposals. If request is made the Offeror shall provide samples at no cost to the
State and shall pay the cost for shipping sample to address provided. Samples will
NOT be returned.
Samples may be shipped to:
Attention: Jesús A. Sandoval-Gil, State Materials Group
1221 N. 21st Avenue
Phoenix, AZ 85009
2.1.3.
GLASS BEAD REQUIREMENTS
2.1.3.1.
Basic Characteristics
The glass beads and coatings shall be designed to be applied on a
variety of liquid pavement marking materials which will be applied at a
number of different thicknesses in new and restripe applications, and still
achieve adequate or better no-track drying, night-day visual and durability
performance. The glass beads shall be such that they can achieve the
required coverage (e.g. width of line) and wet thickness at application
speeds up to 10 miles per hour with a one paint application spray gun.
With a two-paint application spray gun arrangement (one followed by
another), the material should be able to achieve the same or similar
performance at 16 to 18 mph. This application speed is necessary to
maintain traffic. With glass beads applied, this material upon drying shall

Solicitation Requirements (rev 08/21)
Page 8
produce an adherent reflectorized marking capable of resisting the
mechanical and weather wearing elements presented by urban and rural
roadway environments in Arizona.
2.1.3.2.
Material
•
Glass Bead gradations for Glass Bead Items 1 through 5 can be
manufactured of predominately recycled glass.
•
Glass Bead Item 6 (FP-96 Type 3 High Performance glass bead
gradation) shall be manufactured from more pure raw glass material
(e.g. often called direct melt) that shall have a clear, whiter
appearance than the other type of beads herein specified.
•
Glass Bead Item 7 (AASHTO M-247 Type 3) shall be manufactured
from more pure raw glass material (e.g. often called direct melt) that
shall have a clear, whiter appearance than the other type of glass
beads, herein specified.
•
Glass Bead Item 8 (Federal Specification TT-B-1325D) shall be
manufactured entirely from reclaimed scrap glass (soda lime cullet)
for Type 1 beads. No specific ingredients are required for Type 3
beads. The Type 4 beads shall be manufactured by a direct-melt
process resulting in no visible carbon residue.
2.1.3.3.
Glass Bead Coatings
Unless ordered otherwise, all glass beads shall be coated with a dual
moisture proof and adhesion type of coating. The exact formulation of this
coating technology shall be determined by the Contractor. The Contractor
can also offer no coating or different coatings as noted on the product
description sheet. Coatings can be material specific (e.g. coating for
paint, coating for thermoplastic).
Coatings shall have the following characteristics:
2.1.3.3.1.
A moisture proof function that prevents the glass beads from
being negatively affected by moisture than can build-up in
bead storage tanks and/or containers.
2.1.3.3.2.
An adhesive enhancing function that shall help the glass bead
develop a durable bond to waterborne traffic paint and
extruded alkyd thermoplastic.

Solicitation Requirements (rev 08/21)
Page 9
2.1.3.3.3.
The ability to help enhance optimal (50% to 60% of the bead
diameter) bead embedment.
2.1.3.4.
Moisture Content
The glass beads shall have a moisture content of less than 0.25% by
weight.
2.1.3.5.
Crushing Resistance
As a minimum all type glass beads shall comply with the crush resistance
requirements of AASHTO M247-13.
2.1.3.6.
Retroreflectance
The glass beads and the applicable coatings shall be designed and made
in a way so they are specifically designed to be fully functional and
durable as a retroreflecting element on and within a liquid applied
pavement marking.
The minimum target lab test retroreflectivity of the Glass Bead Items 1
and 2 are based on an ADOT specification 15 wet mil draw down paint
(ADOT specific) or a 90 mil draw down of thermoplastic (eligible agency
specific) shall be:
Marking Color
Retroreflectance (Millicandelas)
White

300
Yellow

120
2.1.3.7.
Refractive Index
The "liquid immersion method" shall be used to determine the refractive
index.
2.1.3.7.1.
Glass Bead Item 1 (ADOT Standard) shall have a refractive
index range between 1.5 to 1.57.
2.1.3.7.2.
Glass Bead Items 2 and 3 (AASHTO Type 1) shall have a
refractive index of at least 1.5.
2.1.3.7.3.
Glass Bead Item 4 (High Performance Glass Bead) shall
have a refractive index range of between 1.51 to 1.55.
2.1.3.7.4.
Glass Bead Items 5 and 6 (FP-96 Type 3) shall have a
refractive index range of between 1.50 to 1.52.

Solicitation Requirements (rev 08/21)
Page 10
2.1.3.7.5.
Glass Bead Item 7 (AASHTO M-247 Type 3) shall have a
refractive index of 1.50 to 1.55.
2.1.3.7.6.
Glass Bead Item 8 (Federal Specification TT-B-1325D) shall
have a refractive index of 1.50 to 1.55 for Type 1 and Type 4
beads, and a refractive index of 1.90 to 1.93 for Type 3
beads.
2.1.3.8.
Roundness
2.1.3.8.1.
Glass Bead Items 1 and 2 shall contain a minimum of 70%
true spheres.
2.1.3.8.2.
Glass Bead Item 3 shall contain a minimum of 80% true
spheres.
2.1.3.8.3.
The rounds for Glass Bead Item 4 shall be determined by the
Contractor.
2.1.3.8.4.
The rounds for Glass Bead Items 5 and 6 (FP-96 Type 3
Gradations) shall be a minimum of 75% on retained beads on
sieve numbers 12, 14 and 16 and a minimum of 80% true
spheres for the sample retained on sieve numbers 18, 20 and
25
2.1.3.8.5.
Glass Bead Item 7 shall contain a minimum of 80% true
spheres.
2.1.3.8.6.
Glass Bead Item 8 shall contain a minimum of 80% true
spheres for Type 1 and Type 3 beads, and a minimum of 85%
true spheres for Type 4 beads.
2.1.3.9.
Flow Characteristics
The glass beads supplied shall be readily flow able (under pressure or
without) so they can easily achieve an even and complete drop on
sprayed water based paint and extruded hot applied alkyd based
thermoplastic pavement markings. The glass beads shall be capable of
maintaining their free flow characteristics up to a temperature of 120
degrees Fahrenheit without damaging the formulation or serviceability of
the material or the traffic striping equipment from which it is being applied.
It is important to note that the ambient temperature in some areas of
Arizona can be 120 plus degrees Fahrenheit. The glass beads shall be
able to be vacuum tube transferable and readily dispensable per standard

Solicitation Requirements (rev 08/21)
Page 11
gravity or pressure assisted glass bead guns without a build-up of
objectionable static electricity.
The testing of the dual coated adhesion/moisture proof coated beads for
coating and free flow characteristics shall be per a procedure that is
consistent with AASHTO M247-13 specifications and as specified by the
manufacturer and reviewed and approved by the State. Note that a larger
diameter funnel will more than likely be needed to test the larger
gradation beads (Items 4, 5, 6, and 7).
2.1.3.10.
Specific Gravity
The specific gravity of the beads shall be in the range of 2.4 to 2.6 when
tested in accordance to the procedure in ADOT’s 2019 version of the
Standard Stored Specifications under Section 708 - Permanent Pavement
Markings, per subsection 708-2.02 Reflective Glass Beads (Spheres): (B)
Physical Requirements, (4) Specific Gravity.
2.1.3.11.
Chemical Stability
The beads as coated shall be chemically stable when stored or applied to
traffic marking paints and hot applied thermoplastics pavement markings.
The beads shall show no tendency toward decomposition, including
surface etching, dulling, hazing or discoloration, when exposed to
atmospheric conditions typical of the Arizona’s diverse alpine to desert
environment. The beads shall be able to demonstrate this chemical
stability, by showing no signs of dulling, hazing and/or darkening, when
tested in accordance to applicable TT-B Federal Specification 1325C for
resistance to acid, calcium chloride, sodium sulfide or similar type of
solutions in other types of controlled chemical stability tests.
2.1.4.
CONTAINERS
2.1.4.1.
The glass beads shall be available in at least four container types:
2.1.4.1.1.
50 pound bags;
2.1.4.1.2.
550 pound drums (or totes);
2.1.4.1.3.
2,000 pound tri-wall totes;
2.1.4.1.4.
2,400 pound super sacks.
All glass bead containers shall be capable of withstanding normal
shipping and handling without damage or loss of function. All containers
shall be shipped and delivered on pallets, unless specified otherwise by

Solicitation Requirements (rev 08/21)
Page 12
the eligible agency at the time of order. All containers shall be rated (plus
a safety factor) for the weight of beads they are intended to contain. All
containers shall be weather tight and shipped in such a manner that
protects them from leakage, harm, weather or degradation while in transit,
handling or when stored. The packaging shall be such that it is suitable to
store these materials outdoors for short periods of time (e.g. less than six
months) without damage or deterioration. The Contractor agrees to
warranty the performance of all containers by replacing any damaged
glass beads, without cost to the Eligible Agency, which occurs because of
defective or ineffective containers.
2.1.4.2.
All containers shall be appropriately labeled as to their contents, date of
manufacture and weight. The minimum information on the label shall be
the Contractor’s name/address/phone number, type of glass beads
(classification plus brand name/code), gradation type, coating, percent
rounds, batch number, weight and any other required state/county/federal
warning/hazard/regulatory information.
2.1.4.3.
The fifty pound bags shall have an overlapped pinch bottom style multiple
ply paper-plastic bag. The exact construction of the bags, drums, totes
and super sack is to be per the manufacturer, but it shall meet the
function requirements as stated herein. All super sacks shall be suitably
designed and constructed for their intended use. This includes, when full,
being able to be lifted by a crane or forklift when on a pallet. All super
sacks shall have the appropriate outlets at the top and bottom of the sack
that is compatible with glass bead transfer procedures. The drums and
totes shall have removable/replaceable lids.
2.1.5.
STORAGE
All materials shall have a rated shelf or storage life of twelve (12) months from the
date of delivery to the eligible agency. If the method of storage is not acceptable or
there are concerns, then it is the responsibility of the Offeror to notify the Eligible
Agency of these concerns in writing. The Contractor shall inform the Eligible Agency
of any acceptable techniques that can be used to store glass beads, either in their
original containers, transfer tanks or in the tanks of striping vehicles. Storage
techniques that are overly restrictive or result in significant labor are not acceptable.
2.1.6.
PRODUCT USE AND CARE INSTRUCTIONS
2.1.6.1.
Every shipment of products to the Eligible Agency shall include sufficient
documentation and instruction booklets/sheets to ensure that the Eligible

Solicitation Requirements (rev 08/21)
Page 13
Agency has access to the needed information to ensure proper use and
care of the products shipped.
2.1.6.2.
The instruction booklets/sheets shall provide complete and
comprehensive information on how the items delivered are to be handled,
used, stored and maintained. If any changes, modifications, refinements,
additions or alterations of any kind are made to the products and/or
instructions throughout the life of this contract the Contractor shall make
sure the State and Eligible Agencies are provided with updated
information as soon as possible.
2.1.6.3.
The instruction booklets/sheets shall be clearly marked as to what
product they apply to. As a minimum, the instructions shall have the
following information:
2.1.6.3.1.
Information about the company supplying the products
including a customer service phone number (an 800/888
number is preferred, but not required).
2.1.6.3.2.
Step by Step instructions on how the products are to be
stored, handled, cleaned, maintained and used.
2.1.6.3.3.
Information on how application rates are to be determined
and maintained.
2.1.6.3.4.
Trouble shooting guide on problems that might be
encountered. The Contractor can provide additional
information at their discretion. The State will review the
content of the instruction booklet/sheet and if the content is
not acceptable or requires changes or additions the
Contractor shall revise them as requested. The State shall
have the right to reproduce any material for Eligible Agency
purposes only.
2.1.7.
MANUALS
2.1.7.1.
The Contractor shall provide manuals to any Eligible Agency upon their
request. Specifically, ADOT will require ten (10) copies of the installation
instruction manual with the first glass bead order and additional manuals
shall be supplied upon request. The manuals supplied shall provide
complete and comprehensive information on the items to be supplied. If
any changes, modifications, refinements, additions or alterations of any
kind are made to these items throughout the life of this contract that affect
the manuals the Contractor shall update all manuals.

Solicitation Requirements (rev 08/21)
Page 14
2.1.7.2.
The manuals shall be organized and submitted in three ring binders that
are clearly marked as the "Installation Manual" for the item to be supplied
(e.g. "Glass Beads"). The manual shall be indexed and shall also have
tabs that separate the manual into logical sections. As a minimum the
manual shall consist of the following sections:
2.1.7.2.1.
information about the company supplying the products;
2.1.7.2.2.
information about the product covered by the manual;
2.1.7.2.3.
specific instructions on how the items are to be applied
(importance of bead rate, wet film and bead rate calibration
procedures, importance of bead shrouds, embedment issues,
etc.);
2.1.7.2.4.
other information / recommendations on how to use, care,
store and ship the product;
2.1.7.2.5.
copy of this RFP / Specifications;
2.1.7.2.6.
Material Safety Data Sheets (MSDS);
2.1.7.2.7.
Quality Control Manuals for all glass beads requirements.
The Contractor can add additional information at their discretion.
2.1.7.3.
The manual shall also include the name and phone number (an 800/888
number is preferred, but not required) of a customer service
representative. This customer service representative should be a person
who is authorized and trained to handle questions about the glass bead
products being supplied. The person should be able to provide detailed
technical input on application techniques and solutions to potential
problems. As a minimum, a customer service representative shall be
available Monday through Friday between 8:00 am to 4:00 pm Mountain
Standard Time, excluding holidays. The customer service phone line shall
have voice mail so that messages can be left after business hours. All
eligible agency calls for information and help shall be answered in a
timely and professional fashion.
2.1.7.4.
The eligible agency will review the content of the manual, if the content is
not acceptable or requires changes or additions the Contractor shall
revise the manual as requested. The Eligible Agency shall have the right
to reproduce any material for Eligible Agency purpose.

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Page 15
2.1.8.
CONTRACTOR REQUIREMENTS
2.1.8.1.
Requirements Summary
The glass beads and their coatings (as applicable) shall be specifically
designed and manufactured for the purposes specified herein. The
Contractor shall have specific knowledge and experience in
manufacturing and application of glass beads for the pavement marking
industry. Additionally the Contractor shall have adequate manufacturing,
container, storage and shipping capacity to meet the State’s and Eligible
Agencies supply needs and provide consistent and periodic technical and
field service, training and inspection support and processes with regards
to the proper use and application of glass beads.
2.1.9.
CUSTOMER SERVICE VISITS
2.1.9.1.
The Contractor shall travel to Arizona on a regular basis to conduct
customer service visits. Presently, ADOT requires bi-annual visits to
ensure all requirements of the contract are being met. Other eligible
agencies may request customer service visits as deemed necessary.
Service visits shall be coordinated at least two weeks in advance.
2.1.9.2.
The objective of the bi-annual service visits is to help assure that the
glass bead supply contract is going well, the requirements of the
specifications are being met and to determine if there are any problems
that need to be addressed. These visits can also be used to conduct
training classes and observe/check applications in the field. The
frequency and number of persons involved in each service visit shall be
increased or decreased if requested by ADOT or the State.
2.1.9.3.
The following contact information shall be used to contact ADOT for
customer service visits:
2.1.9.3.1.
The current ADOT Regional Striping Superintendent Central
Region-Phoenix: Sean McHugh (602) 320-4561
2.1.9.3.2.
The current ADOT Regional Striping Superintendent
Southern Region-Tucson: Xavier Casillas (520) 838-2828
2.1.9.3.3.
The current ADOT Regional Striping Superintendent Northern
Region-Prescott Valley, Flagstaff and Holbrook: Kyle
Seisinger (928) 713-1255
2.1.9.3.4.
The current ADOT Pavement Marking Engineer is Vacant –
Please call (602) 712-2596 for current update.

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Page 16
2.1.10.
QUALITY CONTROL
The Contractor shall have a quality control program that involves sampling and
testing of all glass beads. The program shall involve routine verification of the type,
quality and purity of raw materials, sampling, testing and record keeping on all
products made and shipped. The quality control tests run on each product shall be
sufficient to ensure that the products have been successfully made, can function
properly and comply with the applicable requirements of the specifications. All
products shall have a unique number assigned to them. This number shall be used
to correlate and track this product as it is made, handled, shipped and used. The
quality control process shall maintain records of these batch tests for a minimum of
two years after the beads are made and delivered to the eligible agency. As a
minimum, samples of each batch shall be maintained at least twelve months after the
batch is delivered to the Eligible Agency. If requested, the Contractor shall fully
disclose all quality control records and samples to the Eligible Agency. This includes
making copies of these records and mailing them to the eligible agency within ten
(10) business days from the time they are requested.
2.1.11.
POST-AWARD PLANT INSPECTION
2.1.11.1.
The Contractor shall be required to transport and accommodate
representatives from ADOT to inspect their manufacturing facility and to
sample glass beads. The purpose of this inspection will be to verify that
the beads being produced meets all of the applicable requirements of the
specifications and that appropriate quality control measures are being
taken when beads are manufactured, containerized and shipped. This
includes the inspection and verification of raw materials used, batch
sampling methods, specification conformance quality control tests, record
keeping on batches, container filling methods, verification of the actual
weight of beads in containers and amount of beads shipped. The
Contractor shall bear all transportation and accommodation costs
associated with this plant inspection which is expected to take two to
three days. The post-award inspection will coincide with a bead order
from ADOT.
2.1.11.2.
The Contractor shall supply adequate sample vessels for the purpose of
taking bead samples from the test batches. The samples shall be taken
from the main batch via a process that will result in what is believed to be
a representative sample of the beads produced. Sufficient samples shall
be taken to conduct all of the required tests. ADOT will retain these
samples for testing at the Materials Laboratory. Additional testing may be
coordinated by the using Eligible Agency. The Contractor shall provide for
the shipping of the test samples to ADOT and Eligible Agencies.

Solicitation Requirements (rev 08/21)
Page 17
Additionally, the Contractor shall give full access to ADOT's or the eligible
agency’s inspector for a review of the quality control testing and record
keeping procedures used to verify batches, labeling, weighed (empty),
filled and re-weigh to verify the actual weights of beads placed in
containers.
2.1.11.3.
ADOT reserve the right to repeat the post-award inspection if deemed
necessary. Who is responsible for the travel and subsistence costs
associated with the repeat inspection will depend on the reason for the
inspection. If the inspection is to verify the correction of a Contractor
problem, product change or to further evaluate a known problem then the
Contractor will be responsible. If the repeat inspection is due to an ADOT
requested change or a random check then ADOT will be responsible.
2.1.12.
TRAINING
2.1.12.1.
As a part of this contract at least one training session on proper glass
bead application is to be held annually. The training sessions are to be
coordinated and conducted by the Contractor within 90 days of awarding
this contract.
2.1.12.2.
The default training location for ADOT striping crews shall be ADOT’s
Traffic Operation Section in Phoenix. However, if requested otherwise the
training sessions could be held at various locations throughout the State
of Arizona. The actual training site may be determined at the time the
training session is scheduled. The Contractor is to contact the Statewide
Striping Supervisor or the requesting Eligible Agency at least two weeks
in advance to coordinate each training session's location, meeting room
and mutual convenient date and time.
2.1.12.3.
The training session shall be as required to adequately instruct ADOT
and Eligible Agency striping crews in the proper handling and application
of glass beads. This includes the calibration of needed wet mil
thicknesses of paint and glass bead application rates. The Contractor
shall supply each ADOT striping crew and Eligible Agency with a wet film
and glass bead application rate calibration kit. ADOT currently has a total
of eight striping crews (three statewide and five regional crews).
Additional calibration kits shall be supplied upon request; this is to include
requests from Eligible Agency.
2.1.12.4.
The Contractor shall supply whatever is necessary [sample items, tools
and materials (including handouts and/or manuals)] to provide the
demonstrations and properly train ADOT and Eligible Agency personnel.

Solicitation Requirements (rev 08/21)
Page 18
The use of supplemental videos and/or slide presentations are
encouraged, the Contractor should coordinate with the requesting Eligible
Agency on the availability of audio-video equipment. The training session
shall be conducted by a factory or factory trained representative(s) that
have extensive related experience. The training session as herein
specified shall be repeated, if requested by the Eligible Agency.
2.1.13.
LICENSING AND CERTIFICATIONS
Registration and licensing with the State of Arizona Corporation Commission.
2.1.14.
SPECIFIC LAWS
Applied use of International Code Council family of codes, the Americans with
Disabilities Act, and all other applicable codes in Arizona. Contractor shall review all
applicable laws and codes in designing and preparing the proposal documents.
2.2.
SCOPE REQUIREMENTS – WATERBORNE FAST DRYING TRAFFIC PAINT
2.2.1.
TRAFFIC PAINT TYPES
A total of fifteen (15) types of waterborne fast dry traffic paint are specified with eight
(8) different formulation and color requirements. The sampling and testing method for
all formulations shall be per ASTM-D 2369. The waterborne paint contract item,
formulation, and color requirements are as follows:
2.2.1.1.
FORMULATION I
2.2.1.1.1.
Premium Waterborne Fast Dry Traffic Paint – White
2.2.1.1.2.
Premium Waterborne Fast Dry Traffic Paint – Yellow
2.2.1.2.
FORMULATION II
2.2.1.2.1.
Premium Waterborne Fast Dry Traffic Paint (Formulation II) –
White
2.2.1.2.2.
Premium Waterborne Fast Dry Traffic Paint (Formulation II) –
Yellow
2.2.1.3.
FORMULATION III
2.2.1.3.1.
Premium Blended Grade Waterborne Fast Dry Traffic Paint –
White
2.2.1.3.2.
Premium Blended Grade Waterborne Fast Dry Traffic Paint –
Yellow

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Page 19
2.2.1.4.
FORMULATION IV
2.2.1.4.1.
Medium Grade Waterborne Fast Dry Traffic Paint – White
2.2.1.4.2.
Medium Grade Waterborne Fast Dry Traffic Paint – Yellow
2.2.1.5.
FORMULATION V
2.2.1.5.1.
Medium Grade Waterborne Fast Dry Traffic Paint – White
2.2.1.5.2.
Medium Grade Waterborne Fast Dry Traffic Paint – Yellow
2.2.1.6.
FORMULATION VI
2.2.1.6.1.
Economy Grade Waterborne Fast Dry Traffic Paint – White
2.2.1.6.2.
Economy Grade Waterborne Fast Dry Traffic Paint – Yellow
2.2.1.7.
FORMULATION VII
2.2.1.7.1.
Economy Grade Waterborne Fast Dry Traffic Paint – White
2.2.1.7.2.
Economy Grade Waterborne Fast Dry Traffic Paint – Yellow
2.2.1.8.
FORMULATION IV,V,VI, or VII
2.2.1.8.1.
Fast Dry Traffic Paint – Black
2.2.1.9.
FORMULATION I shall feature Dow Chemical Company Fastrack HD-
21A resin technology or equal.
2.2.1.10.
FORMULATION II shall feature the Arkema UCAR Latex DT 400 resin
technology or equal.
2.2.1.11.
FORMULATION Ill shall be based on a technology or technologies to be
determined by the Contractor and can be an alternative formulation
utilizing a blend of resin technologies or a variation on the HD-21A or DT
400 formulations (e.g. such as a reduced or no Methanol formulation,
different pigment loading, or other significant formulation variation).
2.2.1.12.
FORMULATION IV shall feature Dow Chemical Company Fastrack 3427
resin technology or equal.
2.2.1.13.
FORMULATION V shall feature the Arkema UCAR Latex DT 300 resin
technology or equal.
2.2.1.14.
FORMULATION VI shall feature Dow Chemical Company Fastrack 2706
resin technology or equal.

Solicitation Requirements (rev 08/21)
Page 20
2.2.1.15.
Formulation VII shall feature the Arkema UCAR Latex DT 211 resin
technology or equal.
2.2.2.
A sample of each type of paint may be requested after submission of proposals. If
request is made the Offeror shall provide samples at no cost to the State and shall
pay the cost for shipping sample to address provided. Samples will NOT be returned.
Samples may be shipped to:
Attention: Jesús A. Sandoval-Gil, State Materials Group
1221 N. 21st Avenue
Phoenix, AZ 85009
2.2.3.
WATERBORNE FAST DRY PAINT REQUIREMENTS
2.2.3.1.
Basic Characteristics
The Formulation fast dry resin traffic paint, as specified herein, is defined
as a paint that is carefully designed to achieve the needed performance
at a variety of single coat application thicknesses, not only in field
performance (UV stable, color, durability and retroreflectivity), but in ease
of use (stability, proper viscosity, good sprayability). The paint shall use
the specified fast dry traffic paint resin technologies along with compatible
pigment and additive technologies that allow the formulation to achieve
consistent performance under a variety of application considerations
batch after batch. All items shall be manufactured in such a manner that
they are consistent in formulation, function, performance and color. With
waterborne fast dry paint applied, this material upon drying shall produce
an adherent reflectorized marking capable of resisting the mechanical
and weather wearing elements presented by urban and rural roadway
environments in Arizona.
The paint shall conform to all of the applicable federal (Environmental
Protection Agency, Federal Highway Administration and Occupational
Safety and Health Administration), State (Department of Environmental
Quality) and local (county) regulations. The applicable local regulations
for the State will be those produced by Maricopa County Environmental
Services Department (602/506-6010) which are entitled Maricopa County
Air Pollution Control Regulations (e.g. Rule 200). At no time shall these
paints materials exude fumes which are toxic or injurious to persons or
equipment. The Yellow Lead-Free formulations shall use lead free
pigments that conform-to the requirements of federal specification TT-P-
1952D.

Solicitation Requirements (rev 08/21)
Page 21
All colors shall meet the applicable Federal Highway Administration
(FHWA) color for daytime and nighttime (retroreflective) requirements for
pavement markings.
2.2.3.2.
Application Requirements
The paint shall be designed to be applied at a variety of film (or coat)
thicknesses to new and restripe applications, and still achieve adequate
or better visual and durability performance. At a 15 wet mils application
under traffic, with an application of 8 to 10 pounds of glass beads per
gallon, the paint shall have a target durability of at least twelve (12)
months. Additionally, the paint shall be designed to be applied at thicker
wet films (exception: formulations VI and VII), 15 to 25 wet mils (+/- 5
mils) with the same bead rate and achieve a longer than 24 month
durability. The paint shall also be designed to be re-coatable. The
formulations shall be primarily designed for an airless spray system with
either a single or double paint gun arrangement. The paint shall be
suitable for long line (e.g. lane lines, edge lines, gore lines, storage lines)
and short line (stop lines, crosswalk lines, legends and symbols).
The paints shall be such that they can achieve the required coverage
(e.g. width of line) and wet thickness at application speeds up to 10 miles
per hour with one paint application spray gun. With a two-paint application
spray gun arrangement (one followed by another) the material shall be
able to achieve the same performance at 16 mph. This application speed
is necessary to maintain traffic. With glass beads applied, this material,
upon drying, shall produce an adherent reflectorized marking capable of
resisting the mechanical and weather wearing elements presented by
urban and rural roadway environments in Arizona
The traffic paints shall be fully compatible and suitable to be placed on
newly laid asphaltic pavement surface, microsealed surfaces, chip-sealed
surfaces, portland cement concrete surfaces, and surfaces that have
been previously striped with paint, thermoplastic, or epoxy pavement
marking materials.
The paints, under normal weather conditions, such as a warm clear sunny
day, shall dry to no-track conditions in less than 90 seconds when applied
at a thickness of 15 wet mils with 8 pounds of beads per gallon.
The paint shall be capable of being heated and spray applied up to a
temperature of 120 degrees Fahrenheit without damaging the formulation
or serviceability of the material or the traffic striping equipment from which

Solicitation Requirements (rev 08/21)
Page 22
it is being applied. The 120 degree Fahrenheit limit given here is intended
to provide a safety margin against overheating. The paint shall not be
damaged or deteriorate when reheated or if held under heated pressure
conditions for six hours.
All white and yellow paints shall be able to provide proper anchorage and
refraction for single coated and double coated Departmental standard
gradation (per the Department's Standard Specification Subsection 708-
2.02), American Association of State Highway and Transportation
Officials (AASHTO) M247 Type 1 gradation, modified AASHTO Type 1
gradation or bigger beads FP-96 Type 3 gradation when applied at a rate
of 8 to 10 pounds per gallon. After proper application and sufficient drying
time, the markings produced utilizing the paints supplied shall show no
appreciable deformation or discoloration under local traffic conditions with
road surface temperatures ranging from negative (-)10 degrees to plus
(+)200 degrees Fahrenheit.
2.2.4.
FLOW CHARACTERISTICS
All solid paint components shall be well ground and uniformly dispersed in the paint
solution. The paint solution shall not cake or thicken in the container and shall not
become granular of curdled within the specified storage time. Upon delivery and
when stored in sealed delivery containers, under normal above freezing
temperatures up to a 12 month period, the paint shall show no evidence of excessive
settling, gelling, skinning, caking, spoilage, or livering. Any settlement of solids in the
paint shall result in a thoroughly wetted soft mass that can be easily and successfully
remixed into proper solution via the Department's tote to paint truck paint transfer
process or for the smaller containers, one (1), five (5) and fifty-five (55) gallon, with
some form of physical agitation. Upon the paint transfer process or mixing, the paint
shall regain a smooth uniform product of the proper consistency. If the paint cannot
be mixed back to a uniform totally sprayable liquid state then it shall be considered
unfit. The paints shall be able to be pump transferred from a 250 or 345 gallon tote to
a paint truck in 20 minutes or less.
2.2.5.
COMPOSITIONAL REQUIREMENTS
The exact composition of the paint shall be determined by the Contractor within the
applicable requirements of this specification. It will be the Contractor’s responsibility
to produce a pigmented waterborne low VOC fast dry traffic paint containing all the
necessary resin, solvents, dispersants, wetting agents, preservatives and all other
additives, so that the paint shall retain its viscosity, stability and all other necessary
properties so that it can be properly applied in the field and achieve the intended
function and rated durability.

Solicitation Requirements (rev 08/21)
Page 23
It is the responsibility of the Contractor to formulate and make their paint in a manner
which is consistent with the recommendations of their raw material suppliers. If
problems are encountered and satisfactory action is not being taken by the
Contractor to correct the problems, the Eligible Agencies and ADOT reserves the
right to directly contact the Contractor’s raw material suppliers, to determine if the
paint formulation and making recommendations are being followed for the paint in
question.
2.2.6.
QUANTITATIVE REQUIREMENTS
2.2.6.1.
Resin Type & Content, Total Solids & Non-Volatile Vehicle Content: The
offered paints shall have resin types and concentrations:
2.2.6.1.1.
FORMULATION I shall be 100% Dow Chemical Company
Fastrack HD-21A or equal.
2.2.6.1.2.
FORMULATION II shall be 100% Arkema UCAR Latex DT-
400 or equal.
2.2.6.1.3.
FORMULATION Ill can be blend of fast dry paint technologies
as determined by the Contractor or can be an alternative
FORMULATION utilizing either HD-21A, DT-400 or some other
combination of at least one of these brand name resins.
2.2.6.1.4.
FORMULATION IV shall be 100% Dow Chemical Company
Fastrack 3427 or equal.
2.2.6.1.5.
FORMULATION V shall be 100% Arkema UCAR Latex bT-
300NA or equal.
2.2.6.1.6.
FORMULATION VI shall be 100% Dow Chemical Company
Fastrack 2706 or equal.
2.2.6.1.7.
FORMULATION VII shall be 100% Arkema UCAR Latex DT-
211 NA or equal.
The exact method to determine the presence and content (or
concentration) of the resin system shall be as recommended by the resin
supplier. The Eligible Agencies and ADOT reserves the right to have paint
samples tested by the resin supplier to verify that this requirement is
being met.
The total solids (or non-volatile) and non-volatile vehicle content, as
expressed as percentage by weight or volume of the paint formulation,
shall be designed by the Contractor to achieve the specified function and

Solicitation Requirements (rev 08/21)
Page 24
durability performance, given certain minimums. The minimum total solids
(or non-volatile) content of the paint formulation, percent by weight of
paint, as determine by American Society for Testing and Materials
(ASTM) D 2369, is to be as follows:
Total Solids: 77%
Non-Volatile Vehicle (NW): 41 %
The allowable variation from the number identified here shall be two
percent (+/- 2%).
Variations for formulations IV thru VII can be +/- 4%.
2.2.6.2.
Viscosity
The viscosity as determined in Kreb units (ku) at 77 Fahrenheit degrees
(+/- 3 Fahrenheit degrees) per ASTM D 562 shall be if the following range
as long as no other function (e.g. sprayability) is adversely impacted: 85
to 95 ku.
The drying time of the paint formulation shall be defined as the minimum
elapsed time, after application, when the paint shall have and shall retain
the characteristics required herein and after which normal traffic will leave
no impression or imprint on the newly applied stripes or markings. There
are a number of tests that define dry time requirements, they are:
2.2.6.2.1.
No-Track Dry Time: The no-track time, for the paint when it is
applied at 15 wet mils with eight pounds of glass beads under
standard weather conditions (77 degrees Fahrenheit plus,
less than 50% humidity, clear/partly cloudy and normal air
flow) is to be 90 seconds or less. Two methods can be used
to determine the no-track time:
2.2.6.2.1.1. Method 1 - The no-track dry time shall be the
time required for the applied paint line to
withstand the running of a passenger type
vehicle over the line at a speed of 40 mph
without tracking as detected by an observer from
a distance of fifty (50) feet.
2.2.6.2.1.2. Method 2 - Utilize ADOT's simulated tire imprint
test as defined later in this specification. Using
this test, the paint shall leave an imprint that is
rated "some" or "near none" after 90 seconds.

Solicitation Requirements (rev 08/21)
Page 25
2.2.6.2.2.
Dry Time: The maximum paint dry time, at an applied
thickness of 15 wet mils with no beads, to no pick, as
determined by ASTM D 711, for the paints shall be 10
minutes or less.
2.2.6.2.3.
Dry through Time: The maximum dry through time as
determined by ASTM D 1640 (except no thumb pressure is
used when thumb is rotated 90 degrees Fahrenheit on paint
film), for the fast dry paints shall be 20 minutes or less.
2.2.6.2.4.
Dry Through/Early Washout: The same test method is to be
used as per the "Dry through Time" except the test will be run
at 72 degrees Fahrenheit (+/- 3 degrees) at a relative
humidity of 90 % (+/- 3%). A 15 wet mil application of paint is
to dry within 130 minutes or less.
2.2.6.2.5.
Weight per Gallon or Density: The weight per gallon of paint
in pounds shall be determined per ASTM D 1475 at a
temperature of 77 degrees Fahrenheit (+/- 3 F degrees). The
weight ranges for formulations I through Ill per color are:
2.2.6.2.5.1. Yellow: 13.4 to 14 pounds per gallon
2.2.6.2.5.2. White: 13.7 to 14.3 pounds per gallon
The weight/range for formulations IV through VII is to be
specified at the time of offer.
2.2.6.2.6.
Pigment Content: The minimum pigment content, percent by
weight, as determined by ASTM D 3727, shall be 60% by
weight +/- 2% for the white. The load and/or allowable
tolerance can be increased if justified by the Contractor for
that formulation and approved by ADOT. The actual amount
of pigment above the requirement minimum used shall be as
required to achieve the required appearance, dry times, hide
color, durability and retroreflectivity.
The pigment composition shall not contain mercury, lead or
hexavalent chromium or any other known heavy metal or
component that is known to be hazardous.
2.2.6.2.7.
Dry Opacity (Contrast Ratio): The Dry opacity for the paint will
be determined using a black-white Leneta Chart, Form 2C
Opacity and a Photovolt 577 Reflectance meter or equal.
Using a gap doctor blade a 5 mil film of paint shall be drawn

Solicitation Requirements (rev 08/21)
Page 26
that will cover both black and white portions of the chart. The
film shall be allowed to dry 24 hours. After calibrating the
reflectance meter according to the manufacturer's
instructions, the reflectance will be measured over the white
and black portions with the green Tristimulus filter. The dry
opacity is calculated as follows:
2.2.6.2.7.1. Reflectance over black/reflectance over white =
dry opacity.
2.2.6.2.7.2. The minimum dry opacity for:
a.
white shall be 92
b.
yellow shall be 90
2.2.6.2.8.
Color & Reflectance: The "daytime" white color shall closely
match Federal Test Standard Number 595, color chip no.
17886 and/or per the latest FHWA requirements. The
"daytime" yellow color shall closely match Federal Test
Standard Number 595, color chip no. 33538 and/or per the
latest FHWA requirements. The color will be checked visually
and per the equivalent colorimetry.
The "daylight" reflectance (or luminance Factor Y) at 0
degrees - 45 degrees for both the white and yellow paint (per
a lab test without beads) will be determined using a 15 mil
draw down film sample. The same white sample used to
determine the yellowness index as herein specified can also
be used for this test.
2.2.6.2.8.1. The reflectance for the white paint shall be a
minimum of 84.
2.2.6.2.8.2. The reflectance for the yellow paint can range
from 45 to 58.
The color and reflectance requirements will be determined
using a Hunter Laminiscan Spectro-Colormeter or equal in
accordance with the requirements of ASTM E 1349 using CIE
1931 2 degree standard observer and CIE standard illuminate
D65.
Conformance to the FHWA required nighttime (retroreflective
color) shall be verified and tested per a method to be

Solicitation Requirements (rev 08/21)
Page 27
determined by the Contractor. The sample tested shall be a
15 wet mils thick draw down with 8 pounds of AASHTO Type
1 glass beads.
2.2.6.2.9.
pH: The actual pH of the formulation shall be per the
applicable requirements of the resin supplier and what the
Contractor has found to work. Typically, the pH should not be
any lower than 10.0; however, certain paint formulations have
had pH's as low as 9.6. The pH shall be determined per
ASTM E 70. The range of acceptable pH shall be set by the
Contractor based on the recommendations of the resin
supplier. When tested, the pH shall fall within that allowable
range that has been identified.
2.2.6.2.10.
Fineness of Dispersion: The fineness of dispersion of the
paint shall be as required to maintain the suspension of the
solids, make the material functional with the application
method and result in the desired finish. The fineness of
dispersion is to be per HEGMAN as determine per ASTM D
1210 and is to be a minimum of 3.0.
2.2.6.2.11.
Volatile Organic Compounds (VOCs): The maximum volatile
organic compounds (VOC) in grams per liter (g/l) of any paint,
as determined by ASTM D 3960 (7.1.2), shall be no more
than 150.
2.2.6.2.12.
Flash Point: The minimum flash point for the waterborne
paints shall be 100 degrees Fahrenheit as determined by
ASTM D 93 method A.
2.2.6.2.13.
Retroreflectance and Glass Bead Compatibility: The white
and yellow paint materials when applied on the roadway at 12
to 15 wet mils with a minimum drop-on glass bead application
rate of 8 to 12 pounds per gallon of either AASHTO M247
Type 1 , Type 3, or FP-96 Type 3 beads with a dual moisture
proof/adhesion coating, shall have the following minimum
retroreflectance values, as measured by a portable
retroreflectometer within zero to 30 days after application:
Paint Color Retroreflectance Millicandelas
White
180 for AASHTO Type 1
Beads
250 for FP-96 Type 3
Beads, or AASHTO
Type 3 Beads

Solicitation Requirements (rev 08/21)
Page 28

The Department's standard gradation beads are per Section
708 - PERMANENT PAVEMENT MARKINGS, Subsection
708-2.02 Reflective Glass Beads (Spheres). The AASHTO
glass bead gradations are per American Association of State
Highway and Transportation Officials (AASHTO) Standard
Specifications for Transportation Materials and Methods of
Sampling and Testing, Standard Specification for Glass
Beads Used in Traffic Paint, AASHTO Designation: M 247.
2.2.6.2.14.
Yellowness Index: The yellowness index for the white paint
will be determined as described for dry opacity, only a 15 mil
gap proctor blade will be used to draw down the paint. After
drying 24 hours, the paint film's reflectance will be measured
using the green and amber Tristimulus filters. The yellow
index is then calculated as follows:
2.2.6.2.14.1. Yellowness index = (amber- blue)/green x 100
2.2.6.2.14.2. Yellowness index for the white paints shall be a
maximum of 10.
2.2.6.2.15.
Static Heat Stability: The static heat stability for the paint will
be determined as follows: A one pint sample of the paint in a
sealed can is to be placed in a heated air circulation oven at
120 degrees Fahrenheit +/- 1 degrees Fahrenheit for a period
of one week. The sample is then to be removed from the
oven and the viscosity checked in Kreb units at 77 degrees
Fahrenheit +/- 1 degree Fahrenheit according to ASTM D
562. The measured viscosity shall be in the range from 68 to
95.
2.2.6.2.16.
Heat-Shear Stability: The heat-shear stability for the paint
shall be determined as follows: A one pint sample of the paint
shall be sheared at a high speed in a Waring blender that is
heated to a temperature of 120 degrees Fahrenheit. The
blender's lid shall be sealed to minimize the loss of volatiles.
When the sample of paint reaches 120 degrees Fahrenheit,
the blender shall be stopped and the paint poured
Yellow
125 for AASHTO Type 1
Beads
150 for FP-96 Type 3
Beads, or AASHTO
Type 3 Beads

Solicitation Requirements (rev 08/21)
Page 29
immediately into a sample can and covered. The sample is to
be cooled overnight and then examined for jelling or other
signs on instability. The viscosity of the sheared sample is to
be measured according to ASTM D-562 in Kreb Units at 77
degrees Fahrenheit +/- 1 degree Fahrenheit. The measured
viscosity shall be in the range of 68 to 95. If not at the upper
limit, run total solids on the sheared paint and adjust solids by
adding water to reach the original solids content. If the solids
content required adjustment, again check the viscosity of the
paint; the viscosity must be in the range of 68 to 95.
2.2.6.2.17.
Scrub Resistance: The scrub resistance will be determined
according to ASTM D 2486. An appropriate proctor blade is to
be used to obtain a dry film thickness of 3 to 4 mils. The
sample shall be cured for 24 hours. The scrub test shall be
performed at 77 degrees Fahrenheit (+/- 1 degrees
Fahrenheit) at 50% (+/- 5%) humidity. The sample shall
withstand a minimum of 800 cycles.
2.2.6.2.18.
Freeze-Thaw Properties: The paint viscosity or consistency
shall not change significantly when the paint is tested for
resistance to three (3) cycles of freeze-thaw according to
ASTM D 2243. The freeze-thaw property requirement can be
reduced or eliminated as a possible formulation Ill variation.
Such a variation needs to be clearly identified and justified by
the Contractor, based on this ADOT and Eligible Agencies will
approve or disapprove this variation. ADOT and Eligible
Agencies may require containers whose paint does not have
a specific freeze-thaw treatment (additive) to have special
brightly colored warning labels. Note: ADOT and Eligible
Agencies does have some areas where paint is stored at an
elevation of 5,000 feet or more.
2.2.6.2.19.
Vehicle/Pigment Composition: The paint vehicle composition
determined by an infrared spectra test that is conducted per
ASTM D 2621, shall not vary.
2.2.6.2.20.
Field Testing Procedure: If a field evaluation is done, it will be
done under the following range of conditions:
2.2.6.2.20.1. Air Temperature: 64 degrees Fahrenheit to 85
degrees Fahrenheit

Solicitation Requirements (rev 08/21)
Page 30
2.2.6.2.20.2. Surface Temperature: 75 degrees Fahrenheit to
125 degrees Fahrenheit
2.2.6.2.20.3. Conditions: Clear to cloudy
2.2.6.2.20.4. Wind Speed: 0 to 15 miles per hour
2.2.6.2.20.5. Relative Humidity: 10% to 34%
2.2.6.2.20.6. Paint Heated Temperature: 110 degrees
Fahrenheit
2.2.6.2.20.7. Bead Application Rate: 8 pounds per gallon
2.2.6.2.20.8. Bead Type: AASHTO Type I with dual adhesion
and moisture proof coating
2.2.6.2.20.9. Application Speed: Under 10 miles per hour
2.2.6.2.20.10. Nominal Wet Thickness: 15 mils
2.2.6.2.20.11. Line Width: 6 inches
2.2.6.2.20.12. Time of Applications: 9 am to 4 pm
2.2.6.2.20.13. Paint Containers: 55 gallon Drums
When applied with an air atomized or airless long line paint
truck on an asphaltic pavement surface the paint shall
evaluated base on the following criteria:
2.2.6.2.20.14. No-Track Time - The paint shall have a rating of
"near none" to "some" per the Department's
simulated tire imprint test. The imprint test is to
be conducted as follows: (1) Wait 90 seconds
after a paint line is installed, (2) Place marking
paper over line (cloth or 15 mil roofing material),
(3) Place foot into modified tire and rock it back
and forth over the applied paint line five times,
(4) Observe paint imprint or residue left on cloth
or roofing material & (5) Residue is to be based
on the following scale: "None," "Near None,"
"Some" or "A lot."
2.2.6.2.20.15. Ease of Use - The general ability of the paint to
be sprayed from an airless.

Solicitation Requirements (rev 08/21)
Page 31
2.2.6.2.20.16. Build-Up - Based on the test, the amount of
build-up in the paint gun cup is to be "none" to
"moderate."
2.2.6.2.20.17. Workability - The paint, upon the first opening of
the container, shall be easily pumpable and be
free of any clumps and skins that would interfere
with its use. The paint shall not have any
evidence of significant separation. Some
separation is allowable if it is readily re- mixed
and does not infer with the pump transfer. The
entire 55 gallon drum of paint shall be able to be
pumped into the on-board storage tank within
seven minutes or less.
2.2.6.2.20.18. Durability - At the end of 18 months the paint
shall have an acceptable retroreflective
appearance (as observed at night and as
measured) with an acceptable subjective
durability, bead retention, color and daytime
appearance rating.
2.2.7.
BRAND NAME OR EQUAL
There are currently a number of resin and pigment products that have been
determined, through evaluation and/or testing, to be equivalent to the requirements
of these specifications. The listing of these brands is not intended to limit or restrict
competition. Rather, it is to set the standard quality, design, performance and
characteristics of the products herein specified.
A listing of the resin and pigment products which appear to be compatible to the
requirements are as follows:
2.2.7.1.
Suitable Fast Dry Paint Resins
2.2.7.1.1.
Dow Chemical Company Fastrack HD-21A
2.2.7.1.2.
Arkema DT 400NA
2.2.7.1.3.
Dow Chemical Company Fastrack 3427
2.2.7.1.4.
Arkema DT 300NA
2.2.7.1.5.
Dow Chemical Company Fastrack 2706
2.2.7.1.6.
Arkema DT 211 NA

Solicitation Requirements (rev 08/21)
Page 32
Or equivalent fast dry traffic paint resin product that can be proven to
match the function and performance of the listed products.
2.2.7.2.
Suitable White Pigments
2.2.7.2.1.
Dupont - TiPure 900
Or equivalent white pigment product suitable for use in a traffic paint and
long term outdoor exposure without a loss in needed function and
performance.
2.2.7.3.
Suitable No Lead Yellow Pigments
2.2.7.3.1.
Dominion Color Corporation - DCC117 Organic Yellow
2.2.7.3.2.
Clarian/Lansco Organic Yellow
2.2.7.3.3.
Englehard Organic Yellow
Or equivalent yellow pigment products suitable for use in a traffic paint
and long term outdoor exposure without a loss in needed function and
performance.
Non-listed materials will be considered if sufficient evidence (e.g. results
from other pavement marking application a performance field tests),
technical information and assurances (a history of good product
performance and user satisfaction) is given that assures the Department
that those materials are capable of achieving the same or better
performance than those listed. Additionally, the Department may request
samples of non-listed products to conduct lab and field tests. It is
important to note that the listed products are in no-way relieved of any
requirement stated herein.
2.2.8.
CONTAINERS
2.2.8.1.
The Waterborne Fast Dry Paint Requirements
2.2.8.1.1.
All re-useable containers (drums and totes) shall be the
property of the Contractor or the Contractor’s supplier.
2.2.8.1.2.
All paint containers shall be capable of withstanding normal
shipping and handling without damage or loss of function. All
containers shall be airtight and shipped in such a manner that
they do not skin or degrade in some other fashion while in
transit or when stored. Placing a small quantity of compatible
liquid on top of the paint in the container is acceptable, if that

Solicitation Requirements (rev 08/21)
Page 33
layer does not adversely affect the performance of the paint.
If a layer of liquid is used, it shall not be counted as a part of
the required volume of paint. The Contractor shall take
appropriate measures to ensure that all containers are filled
with the specified volume of paint. All containers shall be
easily reseal able so to ensure an air tight seal that protects
the paint from drying as much as possible. The Contractor
agrees to warranty the performance of all containers by
replacing any damaged paint, without cost to ADOT or
Eligible Agencies; that occurs because of defective containers
or in container preservations methods.
2.2.8.1.3.
Re-useable containers that are dented and affects the
available volume shall be repaired or retired. Containers shall
be cleaned after they are returned to the Contractor so
sufficient room inside the container is maintained for the
specified volume of paint. Cleaned containers shall have little
or no build-up of dried paint on the inside. If plastic disposable
liners are used they shall be secured in such a fashion that
they do not interfere with ADOT and Eligible Agencies
container to truck pump transfer procedures. The liners shall
be secured in such a fashion that allows the paint to be
removed completely from the container. The Contractor is
responsible for the disposal of any liner used in a tote. If liners
are used then the weight of the liner and the container shall
be indicated separately. ADOT and Eligible Agencies
reserves the right to prohibit the use of liners if they are found
to interfere with the container to truck pump process, are
prone to tear/rupture or result in a significant waste of paint. A
significant loss of paint caused by defective liner(s) may be
back charged to the Contractor.
2.2.8.1.4.
It is the responsibility of the Contractor to manage all re-
useable containers (totes and drums). All totes are to have a
unique inventory number. The Contractor shall maintain an
inventory control system that enables totes to be tracked as
to its location and what type of paint, the date it was filled and
the date that it was delivered. It will be the responsibility of the
Contractor to arrange for loading and shipping of empty totes
back to their manufacturing facility. Due to storage area
limitation the Contractor shall not allow more than 9 empty
345 gallon totes, 12 empty 250 or 220 gallon totes, 62 empty

Solicitation Requirements (rev 08/21)
Page 34
55 gallon drums or any combination of empty containers that
equals a truck load to accumulate at any one location.
2.2.8.1.5.
All totes shall be stainless steel. The drums shall have a
colored FDA approved drum liner that is suitable for long term
storage of fast dry paint. All containers shall be suitably
labeled as to their contents. The minimum information on the
label shall be:
2.2.8.1.5.1. Contractor's name/address/phone number
2.2.8.1.5.2. color
2.2.8.1.5.3. type of paint (classification plus brand
name/code)
2.2.8.1.5.4. batch number
2.2.8.1.5.5. the date it was manufactured
2.2.8.1.5.6. volume (drums and totes shall also include
empty and full weights)
2.2.8.1.5.7. any other required state/county/federal
warning/hazard/regulatory information and
placarding
2.2.8.1.5.8. Containers, at the option of the Contractor, can
be color coded as to the color of paint contained
Additionally, all totes shall be labeled with their inventory
control number.
2.2.8.1.6.
Five gallon buckets, bodies and lids, shall be made of plastic.
The lids shall have a reseal able tear plastic or thread pour
spout opening in the lid that can be used to pour or access
the paint via an insert type of pump device. The main lid shall
have an air tight gasket and also be reseal able.
2.2.8.1.7.
All metals used for any container shall be suitable for the
paint which is stored in them. If the metal is not suitable then
it shall have an appropriate coating to prevent attack by the
paint or by agents in the air space above the paint. This
coating shall not come off the container or lid and
contaminate the paint.

Solicitation Requirements (rev 08/21)
Page 35
2.2.8.1.8.
All containers shall be properly sealed with suitable gaskets
and show no evidence of leakage.
2.2.8.1.9.
All drums and totes shall conform to all the applicable EPA
and Department of Transportation rules and regulations for
such containers. Additionally, the 55 gallon drums shall
conform to the latest United Nations (UN) requirements.
2.2.8.1.10.
All 55 gallon drums used shall be new or near new. Use of
reconditioned drums that are significantly dented shall be just
cause for rejection of paint. The drums shall have removable
lids and airtight band fasteners. All drums shall be shipped
and delivered on pallets, unless specified otherwise by ADOT
or Eligible Agencies at the time of order.
2.2.8.1.11.
All totes shall be suitably designed and constructed to be able
to be lifted by a crane or forklift when full. The maximum size
for the 345 gallon totes shall be 50 inches wide by 44 inches
in length by 75 inches high. The top of all totes shall have a
minimum, an eighteen inch (+/-) diameter manhole opening
with a three inch or larger diameter fill cap in the middle of the
manhole. The bottom shall have a female two inch inside
diameter opening with a non-restrictive gate valve. The
bottom opening shall also have a treated airtight cap that has
a retention cord or chain to prevent the cap from being lost.
The outlet shall have an "Ever-tite" or compatible quick
coupler. The top of the totes shall be supplied with vacuum
and pressure relief valves.
2.2.9.
STORAGE
2.2.9.1.
All materials shall have a rated shelf or storage life of twelve months from
the date of delivery. If ADOT or Eligible Agencies method of storage is not
acceptable or there are concerns, then it is the responsibility of the
Contractor to notify the ADOT or Eligible Agency of these concerns in
writing. ADOT or Eligible Agency will make every effort to accommodate
these concerns; however, that may not always be possible.
2.2.9.2.
The Contractor shall inform ADOT or Eligible Agency of any acceptable
techniques that can be used to preserve paint when it is stored in
previously opened containers and striping truck storage tanks. It should
be noted that daily agitation in a container or tank is not possible. The
timing of certain ADOT or Eligible Agency crew schedules and holidays

Solicitation Requirements (rev 08/21)
Page 36
results in paint remaining in a container for as long as four or five days
without the benefit of a crew being there. Therefore, the Contractor's
storage techniques must accommodate this occurrence. Storage
techniques that are overly restrictive or result in significant labor are not
acceptable.
2.2.9.3.
The only method the Department has to agitate paint in a tote is
recirculating by using a pump. Paint can also be agitated via the container
to striping truck pump transfer process. Additionally, the ADOT or Eligible
Agency can agitate and recirculate paint in the striping vehicle storage
tanks. If the Contractor requires physical agitation of the paint in the
factory filled container then they shall be responsible for developing the
method and equipment on how this is to be done at ADOT or Eligible
Agency site. However, such agitation procedures shall not be overly
restrictive or result in much additional labor or equipment cost for striping
crews.
2.2.10.
QUALITY CONTROL
2.2.10.1.
The Contractor shall have a quality control process that involves sampling
and testing of all paints that are delivered. The tests conducted on each
batch of paint shall be of sufficient quantity and quality to ensure that the
paints made and delivered are in conformance to the requirements of the
specifications. Additionally, this quality control process shall maintain
records of these batch tests for a minimum of two years after the paint is
made and delivered. Liquid samples of each paint batch shall be
maintained at least twelve months after the batch is delivered. If
requested, the Contractor shall furnish, at no charge to ADOT or Eligible
Agency, sample containers.
2.2.10.2.
All batches of paint shall have a unique number assigned to them. This
batch number shall be used to correlate quality control test results and
identify individual containers filled with paint from that batch. The
Contractor shall allow the Department full access to all quality control
processes, records and samples pertaining to paints produced for this
contract. This includes making copies of these records and mailing them
(faxing is not allowable) to ADOT or the State within 14 calendar days
from the time they are requested.
2.2.11.
QUARTERLY CUSTOMER SERVICE VISITS
2.2.11.1.
The Contractor shall, as a minimum, travel to Arizona on a quarterly basis
(every 3 months) to conduct customer service visits. Service visits shall

Solicitation Requirements (rev 08/21)
Page 37
be coordinated at least two weeks in advance. The object of the quarterly
service visits is to help assure that the paint supply contract is going well,
the requirements of the specifications are being met-and to determine if
there are any problems that need to be addressed. These visits can also
be used to conduct training classes and observe/check applications in the
field.
2.2.11.1.1.
The following contact information shall be used to contact
ADOT for customer service visits:
2.2.11.1.1.1. The current ADOT Regional Striping
Superintendent Central Region-Phoenix: Sean
McHugh (602) 320-4561
2.2.11.1.1.2. The current ADOT Regional Striping
Superintendent Southern Region-Tucson: Xavier
Casillas (520) 838-2828
2.2.11.1.1.3. The current ADOT Regional Striping
Superintendent Northern Region-Prescott Valley,
Flagstaff and Holbrook: Kyle Seisinger (928)
713-1255
2.2.11.1.1.4. The current ADOT Pavement Marking Engineer
is Vacant – Please call (602) 712-2596 for
current update.
2.2.12.
MANUALS
2.2.12.1.
The Contractor shall provide manuals to any Eligible Agency upon their
request. Specifically, ADOT will require ten (10) copies of the installation
instruction manual with the first paint order and additional manuals shall
be supplied upon request. The manuals supplied shall provide complete
and comprehensive information on the items to be supplied. If any
changes, modifications, refinements, additions or alterations of any kind
are made to these items throughout the life of this contract that affect the
manuals the Contractor shall update all manuals.
2.2.12.2.
The manuals shall be organized and submitted in three ring binders that
are clearly marked as the "User's Manual for Traffic Paint". The manual
shall be indexed and have tabs that separate the manual into logical
sections. As a minimum, the manual shall consist of the following
sections:

Solicitation Requirements (rev 08/21)
Page 38
2.2.12.2.1.
Information about the company supplying the products
including the name and phone number of a customer service
representative. This customer service representative should
be a person who is authorized and trained to handle
questions about the paint products being supplied. The
person should be able to provide detailed technical input on
application techniques and solutions to potential problems. As
a minimum, a customer service representative shall be
available Monday through Friday between 8:00 am to 4:00
pm mountain standard time, excluding holidays. The
customer service phone line shall have voice mail so that
messages can be left after business hours. All Department
calls for information and help shall be answered in a timely
and professional fashion.
2.2.12.2.2.
Information and specifications about the paint products. The
percent volume of solids (% volume solids) per product shall
be clearly identified. Yield information for 10 to 30 applied wet
mil lines. This includes how many linear feet a gallon of paint
will yield for four and six inch wide lines. The corresponding
dry mils thickness per product shall be cross referenced to
the wet mil thickness. Also, yield information for gallons per
mile and square feet per gallon should be included.
2.2.12.2.3.
Specific instructions on how the paint products are to be
stored and used. As a minimum, this section of the manual
shall cover the following topics: handling, mixing, thinning,
daily maintenance, weekly maintenance, periodic cleaning,
end of season cleaning, hazardous waste, flammability, first
aid, storage, cleaning solvents, application temperatures, dry
times, dry time acceleration techniques, wet film calibration
procedures, wet film thickness field checking procedures,
weather, application rates, material temperatures, surface
preparation, handling/storage of containers and glass beads
application procedures/rates. The Contractor shall include a
recommended spray tip size, pressure, and heat exchanger
settings matrix. A matrix on recommended paint applied wet
thickness to surface type (chip seal, micro seal, etc.) shall
also be included.
2.2.12.2.4.
Plastic pocket slip sheet with two flat metal or plastic wet
thickness gauges. These devices shall be suitable for

Solicitation Requirements (rev 08/21)
Page 39
measuring the applied wet thickness of paint either on the
pavement or on a flat plate. As a minimum, these gauges
shall be graduated from a 5 to 30 mils in one mil increments.
2.2.12.2.5.
Material Safety Data Sheets (MSDS) on each product. The
Contractor can provide additional information at their
discretion. ADOT will review the content of the manual, if the
content is not acceptable or requires changes or additions the
Contractor shall revise the manual as requested. The ADOT
shall have the right to reproduce any material for
Departmental purposes.
2.2.12.2.6.
Quality Control Manuals for all paint formulation
requirements.
2.2.13.
TRAINING
2.2.13.1.
As a part of this contract at least one training session is to be held
annually. One additional training session may be held if requested by
ADOT or Eligible Agency. The training session shall be conducted by a
factory or factory trained representative(s) that have extensive related
experience. The first training session is to be coordinated and conducted
by the Contractor within 90 days of the awarding of this contract. The
default training site will be at Traffic Maintenance Office in Phoenix.
However, the session may be requested to be held at a State facility in
Tucson, Prescott, Holbrook or Flagstaff. The Contractor is to contact the
Statewide Striping Supervisor at least three (3) weeks in advance to
coordinate the training sessions training site and mutual convenient date
and time.
2.2.13.2.
The training session shall be a minimum of four hours with two fifteen
breaks. If the session goes longer, then a one hour break for lunch shall
be given. The session shall fully demonstrate how the contracted traffic
paint is to be handled and applied. The Contractor shall supply whatever
is necessary e.g., sample items, tools and materials and including
handouts, wet thickness gauges, yield charts-calculators and/or manuals,
to make the demonstrations and properly inform and train ADOT and
Eligible Agency personnel in the use (health, safety and application) of
their paint. The use of overheads, supplemental videos, demonstrations
and slide presentations are encouraged. The Contractor should
coordinate with Eligible Agency and ADOT on the availability of audio-
video equipment.

Solicitation Requirements (rev 08/21)
Page 40
2.2.13.3.
As a minimum the training session shall cover the following areas:
2.2.13.3.1.
traffic paint
2.2.13.3.2.
introduction to familiarize attendees with the use of traffic
paint, paint composition (binder, pigments, solvent &
additives)
2.2.13.3.3.
fundamentals of film formation
2.2.13.3.4.
impacts of application surface
2.2.13.3.5.
impacts of weather (sun, wind, temperature, humidity and
rain)
2.2.13.3.6.
application thickness
2.2.13.3.7.
wet film calibration
2.2.13.3.8.
what no-track time means
2.2.13.3.9.
what dry time means
2.2.13.3.10.
what cure means
2.2.13.3.11.
handling, cleaning procedures
2.2.13.3.12.
spraying, maintenance (daily, weekly and yearly)
2.2.13.3.13.
safety/health/MSDS
2.2.13.3.14.
disposal of cleaning liquids/waste paint
2.2.13.3.15.
yield information
2.2.13.3.16.
customer service procedures and question/answer period
2.2.13.3.17.
the handling of paint containers (full, semi-full and empty)
shall be addressed in detail, especially those procedures
regarding re-useable containers.
2.2.14.
POST AWARD PLANT INSPECTION IF REQUESTED
2.2.14.1.
The Contractor shall be subjected to a post-award plant inspection if
requested by ADOT’s key representative from ADOT's Materials Lab.
Should a plant inspection be requested, it will coincide with an ADOT
order for paint (minimum of one truck load of each color).

Solicitation Requirements (rev 08/21)
Page 41
2.2.14.2.
If inspection is requested the Contractor shall be required to transport and
accommodate one representative from ADOT to inspect their
manufacturing facility and to sample paint. The purpose of this inspection
will be to verify that the paint being produced meets all of the applicable
requirements of the specifications and that appropriate quality control
measures are being taken when paint is manufactured, containerized and
shipped. This includes the inspection and verification of raw materials
used, batch sampling methods, specification conformance quality control
tests, record keeping on paint batches, tote cleaning methods, container
filling methods, verification of container volume quantities and amount of
paint shipped. The Contractor shall bear all transportation and
accommodation costs associated with this plant inspection which is
expected to take one business day.
2.2.14.3.
During the inspection the Contractor is to manufacture at least one batch
(minimum of 3,200 gallons) of each waterborne paint that applies to their
award.
2.2.14.4.
The Contractor shall provide ADOT's inspector with a full disclosure of the
raw materials used and the make-up of the paint formulations. As a
minimum the formulation information shall include the following:
2.2.14.4.1.
General Information
2.2.14.4.1.1. Product Number, Code, Name and Color
2.2.14.4.1.2. Contract Item Number & Description
2.2.14.4.1.3. Manufacturer Information and Address
2.2.14.4.2.
Paint Composition
2.2.14.4.2.1. Pigment, percent by weight
2.2.14.4.2.2. Vehicle, percent by weight
2.2.14.4.2.3. Weight, pounds per gallon at 77 degrees
Fahrenheit
2.2.14.4.2.4. Non-volatile, percent by weight of paint
2.2.14.4.2.5. Vehicle solids, percent by weight of vehicle
2.2.14.4.2.6. VOC excluding water in grams per liter
(maximum of 150)

Solicitation Requirements (rev 08/21)
Page 42
2.2.14.4.2.7. VOC excluding water in pounds per gallon
2.2.14.4.3.
Detailed Pigment Composition (percent by weight and brand
as applicable) - Give content information on rutile titanium
dioxide, organic yellow, aluminum silicate, calcium carbonate
and iron oxide. The purity of the titanium dioxide and organic
yellow pigments in the blend also need to be indicated.
2.2.14.4.4.
Detailed Resin Composition (percent of vehicle by weight and
brand by formulation I, II or Ill, IV, V, VI and VII as offered)
2.2.14.4.5.
Solvents and Thinners (percent by weight, give information on
exact type - not general classification) - Give content
information on types such as propylene glycol, coalescent
(e.g. Texanol), methanol, water as applicable.
2.2.14.4.6.
Other additives such as driers, plasticizers, anti-skinning
agents (percent by weight) - Give content information on
additives such as defoamer, dispersant, surfactant, thickener,
biocide/preservative.
This formulation information will then become the approved
formulation for the term of this contract. Changes to the
formulation are NOT allowable without the written approval of
the States Procurement Officer.
At the Contractor's request, all information regarding the
exact formulation shall be kept confidential per the applicable
requirements of the Arizona Procurement Code, R2-7-104,
Confidential Information.
The Contractor shall supply adequate sample vessels (e.g.
standard friction-seal pint cans) for the purpose of taking paint
samples from the test batches. The sample cans shall be
lined as necessary to preserve the sample's integrity.
The samples shall be taken from the main batch via a
process that will result in what is believed to be a
representative sample of the paint produced. Sufficient
samples shall be taken to conduct all of the required tests as
well as an infrared spectra test. Up to three one pint samples
may be needed. ADOT will retain these samples for testing at
the Materials Laboratory. The Contractor shall provide for the
shipping of the test samples to ADOT.

Solicitation Requirements (rev 08/21)
Page 43
Additionally, the Contractor shall be given full access to
ADOT's inspector for a review of the quality control testing
and record keeping procedures used to verify paint batches,
and the re-useable container management system and how
totes are cleaned, labeled (paint batch number, paint color,
etc.), weighed (empty), filled and re- weigh to verify the actual
volume of paint placed in the tote.
ADOT reserves the right to repeat the post-award inspection
if deemed necessary. Who is responsible for the travel and
subsistence costs associated with the repeat inspection will
depend on the reason for it. If the inspection is to verify the
correction of Contractor problems, change in a paint
formulation requested by the Contractor or to further evaluate
a known problem then the Contractor will be responsible. If
the repeat inspection is due to ADOT requested formulation
change or a random check then ADOT will be responsible.
2.2.15.
LICENSING AND CERTIFICATIONS
Registration and licensing with the State of Arizona Corporation Commission.
2.2.16.
SPECIFIC LAWS
Applied use of International Code Council family of codes, the Americans with
Disabilities Act, and all other applicable codes in Arizona. Contractor shall review all
applicable laws and codes in designing and preparing the proposal documents.

Pricing Document
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 44
Pricing Document
1.
Compensation method
Contractor will be compensated based on the final detailed written quote approved by the
Customer.
2.
Pricing
2.1.
Contractor’s Best Pricing. Supplier warrants that, for the term of the Contract, the prices
and discounts set out in the Attachment titled Pricing (Attachment 12), including any
subsequent agreed amendment to it (the “Contract Pricing”), will be equal to or better than
the lowest prices and largest discounts, both separately and in combination, at which
Contractor sells equivalent services, items of equipment and materials.
2.1.1.
That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to
be irrespective of whether or not those other sales have special purchase terms,
conditions, rebates or allowances.
2.1.2.
If Contractor’s Best Pricing for equivalent services, items of equipment and
materials is better than the Contract Pricing, then Contractor agrees to adjust the
Contract Pricing to match the Contractor’s Best Pricing for all sales related to the
Contractor made after the date when the Contractor’s Best Pricing was first
better than the Contract Pricing.
2.1.3.
For clarification of intent, that date is intended to be the date when the difference
first occurred, which might have been before the difference was first identified. If
it was before, then Supplier agrees to charge at less than the Contract Pricing
until the extended difference that would have been realized (i.e., if the
Contractor’s Best Pricing had been applied when it should have been) has been
settled.
2.2.
Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the
Scope of Work and all aspects of Contractor’s offer as accepted by State. Details of service
not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of,
are deemed to be understood by Contractor and included herein. All administrative,
reporting, or other requirements, all overhead costs and profit and any other costs toward
the accomplishment of the requirements in the Contract are included in the pricing
provided.
2.3.
Price Increase. The State may review a fully documented request for a price increase. The
requested increase shall be in writing and be based upon a cost increase to the Contractor
that was clearly unpredictable at the time of the offer and is directly correlated to the price
of the product concerned. Contractor must provide conclusive evidence of a need for any

Solicitation Requirements (rev 08/21) Page 45
price increases such as being substantiated by the Producer Price Index, Consumer Price
Index, or similar pricing guide.
2.3.1.
Initial Contract prices will be honored for one year after award of Contract.
2.3.2.
All written requests for price adjustments made by the Contractor shall be
initiated thirty (30) days in advance of any desired price increase to allow the
State sufficient time to make a fair and equitable determination to any such
requests. This may be waived upon proper documentation demonstrating the
urgency of the request.
2.3.3.
All price adjustments will be implemented by a formal contract amendment. State
shall determine whether the requested price increase or an alternate option is in
the best interest of State.
2.4.
Price Reductions. Price reductions shall be immediately passed along to State and may
be submitted in writing to State for consideration at any time during the Contract period.
The Contractor shall offer State a price reduction on the Contract product(s) concurrent
with a published price reduction made to other customers. The State at its own discretion
may accept a price reduction. The price reduction request shall be in writing and include
documentation showing the actual reduction of cost. Sales promotions requests shall
include difference in pricing, begin, and end date of promotion along with the products
covered.
2.5.
Additional Charges. Any charges or fees not delineated in the Contract may not be added,
billed, or invoiced under the Contract.
2.6.
Travel. Contractor shall get written approval prior to any travel under the Contract in which
reimbursement of expenses will be requested. Contractor will be reimbursed for actual
expenses incurred in accordance with the current rates specified in the State's Travel
Policy. Contractor shall itemize all per diem and lodging charges. State Travel Policy,
including State rates, may be located at https://gao.az.gov/travel. The Eligible Entity /
Customer shall reject any claim for travel reimbursement without prior written approval.
3.
Funding
No particular funding considerations apart from paragraph 4.4 [Availability of Funds for the Next
State fiscal year] and 4.5 [Availability of Funds for the current State fiscal year] of the Uniform
Terms and Conditions have been identified as of the Solicitation date.
4.
Invoicing
4.1.
Invoices Go To Buying Entity. Contractor shall submit all billing notices or invoices to the
ordering Eligible Entity/Customer (e.g. Eligible Agency or Co-Op Buyer) at the address

Solicitation Requirements (rev 08/21) Page 46
indicated on the applicable Order document or by utilizing the Buying Entity’s purchasing
tool/process.
4.2.
Minimum Invoice Requirements. Every invoice must include the following information:
4.2.1.
Bill-to name and address
4.2.2.
Contractor name and contact information
4.2.3.
Remit-to address
4.2.4.
Invoice number and date
4.2.5.
State contract number
4.2.6.
Order number (APP PO number)
4.2.7.
Date the services performed
4.2.8.
Applicable payment terms
4.2.9.
Material or Service description (Itemized)
4.2.10.
Quantity delivered or performed
4.2.11.
Line item unit of measure
4.2.12.
Item price
4.2.13.
Extended pricing
4.2.14.
Taxes (as a separate invoice line item)
4.2.15.
Mailing fees (if applicable)
4.2.16.
Total invoice amount due

4.3.
No Invoice Without Authorization. Contractor shall not seek payment for any:
4.3.1.
Materials or Services that have not been authorized on an acknowledged Order;
4.3.2.
Expediting, overtime, premiums, or upcharges absent State’s express prior
approval; or
4.3.3.
Materials or Services that are the subject of a Contract Amendment that has not
been fully signed.

4.4.
Submitting Invoices. Contractor shall submit an invoice to the ordering Eligible Agency or
Co‑Op Buyer using the form and/or process provided or required by the ordering Eligible
Entity/Customer (Eligible Agency or Co-Op Buyer). Every invoice must be signed by
Contractor’s authorized representative and accompanied by all supporting information and
documentation required by the Contract and applicable laws.
4.5.
Defective Invoices. Without prejudice to its other rights under the Contract or further
obligation to Contractor, the ordering Eligible Entity/Customer (Eligible Agency or Co-Op
Buyer) may, at its discretion, reject any materially defective invoice.

Solicitation Requirements (rev 08/21) Page 47
4.5.1.
The ordering Authorize Entity/Customer (Eligible Agency or Co-Op Buyer) shall
notify the Contractor within 5 (five) business days after receipt if it determines an
invoice to be materially defective.
4.5.2.
Invoices will be deemed automatically rejected upon delivery if they:
4.5.2.1.
are sent to an incorrect address;
4.5.2.2.
do not reference the correct State contract or APP Order number; or
4.5.2.3.
are payable to any Person other than the Contractor.
4.5.3.
The ordering Eligible Entity/Customer (Eligible Agency or Co-Op Buyer) will have
no obligation to pay against a defective invoice unless and until Contractor has
re-submitted it free of defects.
5.
Payments
5.1.
Payment. The applicable Eligible Agency or Co-Op Buyer shall pay undisputed amounts
due to Contractor within the time period specified in Section 4.0 Costs and Payments of
the Uniform Terms and Conditions
5.2.
Joint checks or direct pay. Applicable Eligible Agency or Co-Op Buyer may, but is under
no obligation to, pay by joint check or to pay directly to any SubContractor or other creditor
to whom any portion of Contractor’s requested payment is owed.
5.3.
Recovery of overpayment. If applicable, Eligible Agency or Co-Op Buyer determines that
an over-payment has been made to Contractor on any prior invoice, it shall inform
Contractor of the amount and date of the overpayment and may deduct the overpaid
amount from amounts then or thereafter due to Contractor.
5.4.
Payment to SubContractors. Contractor shall make payment of all undisputed amounts
due to SubContractors within thirty (30) days of receipt of funds from applicable Eligible
Agency or Co-Op Buyer applicable to their services.
5.5.
Purchasing card. Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or
all Orders using a purchasing card. Any and all fees related to payment using a Purchasing
Card are the responsibility of the Contractor. Unless otherwise stated in the Contract there
will be no additional fees or increase in prices associated with this method of payment.
5.6.
Automated clearing house. Applicable Eligible Agency or Co-Op Buyer may pay invoices
for some or all Orders through an Automated Clearing House (ACH). In order to receive
payments in this manner from Eligible Agencies, the Contractor must complete an ACH
Vendor Authorization Form (form GAO-618) within 30 (thirty) days after the effective date
of the Contract. The form is available online at: https://gao.az.gov/afis/vendor-
information

Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 48

Special Terms and Conditions
The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify
them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new
paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions,
except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.
1.
Definition of Terms: As used in the Contract, the terms listed below are defined as follows:
1.1.
Acceptance: The document titled “Offer and Acceptance Form” bearing the State contract
number once Procurement Officer has signed it to signify (1) State’s formal acceptance of
the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing
is not to be confused with the term “acceptance” used throughout the Contract in the context
of delivery, inspection, etc., with respect to Materials or Services.
1.2.
Accepted Offer:
1.2.1.
If State did not request a Revised Offer, then “Accepted Offer” means the Initial
Offer.
1.2.2.
If State requested a Revised Offer but not a Best and Final Offer, then “Accepted
Offer” means the latest Revised Offer.
1.2.3.
If State requested a Best and Final Offer, then “Accepted Offer” means the Best
and Final Offer.
1.3.
Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) and Arizona Administrative
Code (A.A.C.) are each defined in the Instructions to Offerors.
1.4.
Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of
Revenue (DOR) website at: https://www.azdor.gov/business/transactionprivilegetax.aspx
1.5.
Attachment. Any item that:
1.5.1.
The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer,
Revised Offer, or Best and Final Offer);
1.5.2.
Was attached to an Offer when submitted; and
1.5.3.
Was included in the Accepted Offer.

Solicitation Requirements (rev 08/21) Page 49

1.6.
Pricing Document. Section Pricing Document of the Solicitation Requirements document of
the Solicitation Documents, provided that, if there is no such Section in the Contract, then
“Pricing Document” is to be construed as referring to whatever item in the Contract contains
the contracted pricing and payment provisions.
1.7.
Contract Amendment. A document signed by the Procurement Officer that has been issued
for the purpose of making changes to the Contract after execution.
1.8.
Contract Terms and Conditions. The Special Terms and Conditions and the Uniform Terms
and Conditions taken collectively.
1.9.
Contractor. The Person identified on the Accepted Offer who has entered into the Contract
with the State.
1.10.
Contractor Indemnitor. Contractor or any of its owners, officers, directors, agents,
employees, or SubContractors.
1.11.
Co-Op Buyer. A member of the State Purchasing Cooperative that has entered into a
“Cooperative Purchasing Agreement” with the Arizona Department of Administration State
Procurement Office under A.R.S. §41-2632. Unless there is an applicable Cooperative
Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot
be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an
“eligible procurement unit” under A.A.C. R2-7-101(23).
NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political
subdivisions, including cities, counties, school districts, and special districts. Membership is
also available to non-profit organizations, other state governments, the federal government
and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-
2631(4) as any nonprofit corporation as designated by the IRS under Section 501(c)(3)
through 501(c)(6) of the tax code.
1.12.
Eligible Agency.
1.12.1.
If the Special Terms and Conditions indicate that the Contract is a “single-agency”
contract, then “Eligible Agency” means the particular State of Arizona agency,
university, commission, or board identified therein.

Solicitation Requirements (rev 08/21) Page 50

1.12.2.
If the Special Terms and Conditions indicate that the Contract is a “statewide”
contract, then “Eligible Agency” means any State of Arizona department, agency,
university, commission, or board.
1.12.3.
If the Special Terms and Conditions indicate that the Contract is a “statewide” and
“cooperative” contract, then “Eligible Agency” means any State of Arizona
department, agency, university, commission, board or any Co-Op Buyer.
1.13.
Indemnified Basic Claims. “Indemnified Basic Claims” means any and all claims, actions,
liabilities, damages, losses, or expenses, including court costs, attorneys’ fees, costs of claim
processing, investigation and litigation for bodily injury or personal injury, including death, or
loss or damage to any real or tangible or intangible personal property, collectively.
1.14.
Instructions to Offerors. “Instructions to Offerors” means the Solicitation Instructions
document of the Solicitation.
1.15.
Order. The instrument by which the State authorizes a Contractor to perform some or all of
the Work. Whether the Contract will have one Order or many Orders depends on the scope
of the Contract and how the State will use it. The Special Terms and Conditions provide that
information. Any of the following are construed as being an “Order”:
1.15.1.
“Release” or “Release Purchase Order: in The State’s e-Procurement System;
1.15.2.
“task order,” “service order,” or “job order” when a Release Purchase Order for
Services has already been created in The State’s e-Procurement System; or
1.15.3.
“purchase order” for buying by Co-Op Buyers, if co-op buying applies
1.16.
The State’s e-Procurement System. The State’s official electronic procurement system,
established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of
Administration State Procurement Office policy document Technical Bulletin No. 020, The
State’s e-Procurement System–The Official State eProcurement System. Technical Bulletin
No. 020 is available online at:
https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf
1.17.
State. With respect to the Contract generally, “State” means the State of Arizona and its
department, agency, university, commission, or board that has executed the Contract. With

Solicitation Requirements (rev 08/21) Page 51

respect to administration or rights, remedies, obligations and duties under the Contract for a
given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.
1.18.
State Indemnitees. Collectively, the State of Arizona, its departments, agencies, universities,
commissions, and boards and, and their respective officers, agents, and employees.
1.19.
SubContractor. A.R.S. §41-2503(38), which, for convenience of reference only, is “… a
person who contracts to perform Work or render service to … [C]ontractor or to another
[S]ubContractor as a part of a contract with a state governmental unit . . .” The Contract is to
be construed as “a contract with a state governmental unit” for purposes of the definition. For
clarity of intent, a Person carrying out any element of the Work is a SubContractor from the
moment they first carry out that element of the Work regardless of whether or not a
Subcontract exists then or subsequently.
1.20.
Work. The totality of the Materials and the Services and all the acts of administration,
creation, production, and performance necessary to fulfill and incidental to fulfilling all of
Contractor's obligations and duties under the Contract in conformance with the Contract and
applicable laws.
2.
Contract Interpretations
2.1.
Usage. Where the Contract:
2.1.1.
assigns obligations to Contractor, any reference to “Contractor” is to be construed
to be a reference to the Contractor and all SubContractors, whether they are first-
tier subContractors, sub-subContractors, suppliers, sub-suppliers, consultants, or
sub-consultants, as well as all of Contractor’s and the SubContractor’s respective
agents, representatives, and employees in every instance unless the context
plainly requires that it is a reference only to Contractor as apart from
SubContractors.
2.1.2.
uses the permissive “may” with respect to a party’s actions, determinations, etc.,
the terms is to be interpreted as in A.A.C. R2-7-101(31) [Definitions]. For clarity of
intent, any right given to State using “State may” or a like construction denotes
discretion and freedom to act so far as any regulatory or operative constraints
permit in the relevant circumstances, provided that: (a) where written “may, at its
discretion,” the discretion extends to whatever is most advantageous to State; and
(b) where written only as “may,” the discretion is constrained by 1. what is fair,

Solicitation Requirements (rev 08/21) Page 52

reasonable, and as accommodating of the respective best interests of both parties
as practicable under the circumstances;
2.1.3.
uses the imperative “shall” with respect to a party’s actions, duties, etc., the term
is to be interpreted as in A.A.C. R2-7-101(43) [Definitions]. Conversely, the phrase
“shall not” is to be interpreted as an imperative prohibition.
2.1.4.
uses the term “must” with respect to a requirement, criterion, etc., the term is to be
interpreted as conveying compulsion or strict necessity, and is to be read as
though written “must, if [the subject] is to be entitled to have [the object] considered
or credited as being compliant with, conforming to, or satisfying [the requirement,
criterion, constraint, etc.], otherwise, [the object] will be considered or debited as
being non-compliant, non-conforming, or unsatisfactory for its Contract-related
purposes” in every instance;
2.1.5.
uses the term “might” with respect to an event, outcome, action, etc., the term is
to be interpreted as conveying contingency or non-discretionary conditionality; and
2.1.6.
uses the term “will” or the phrases “is to be” or “are to be” with respect to an event,
outcome, action, etc., the term or phrase is to be interpreted as conveying such
certainty or imperativeness that “shall” is either unnecessary or irrelevant in that
instance.
2.2.
Contract Order of Precedence
2.2.1.
Complementary Documents. All of the documents forming the Contract are
complementary. If certain work, requirements, obligations, or duties are set out
only in one but not in another, Contractor shall carry out the Work as though the
relevant Work, requirements, obligations, or duties had been fully described in all,
consistent with the other documents forming the Contract and as is reasonably
inferable from them as being necessary to produce complete results.
2.2.2.
Conflicts. In case of any inconsistency, conflict, or ambiguity among the
documents forming the Contract and their provisions, they are to prevail in the
following order, descending from most dominate to most subordinate, provided
that, among categories of documents or provisions having the same rank, the
document or provision with the latest date prevails. Information being identified in
one document but not in another is not to be considered a conflict or inconsistency.

Solicitation Requirements (rev 08/21) Page 53

2.2.2.1.
Contract Amendments;
2.2.2.2.
The final Solicitation Documents, in the following order:
(1) Special Terms and Conditions;
(2) Exhibits to the Special Terms and Conditions;
(3) Uniform Terms and Conditions;
(4) Scope of Work;
(5) Exhibits to the Scope of Work;
(6) Pricing Document;
(7) Exhibits to the Pricing Document;
(8) Specifications; and
(9) Any other documents referenced or included in the Solicitation;
2.2.2.3.
Orders, in reverse chronological order; and
2.2.2.4.
Accepted Offer.
2.2.3.
Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the
Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or
Accepted) and was subsequently made into an Exhibit, or its content was
incorporated into one of the other Contract documents, then that Attachment no
longer exists contractually as an “Attachment” since it has at that point been made
into some other Contract document. In every other case, an Attachment and the
Offeror data therein remain part of the Accepted Offer for purposes of precedence
and contractual effect.
2.3.
Independent Contractor. Contractor is an independent Contractor and shall act in an
independent capacity in performance under the Contract. Neither party is or is to be
construed as being the employee or agent of the other party, and no action, inaction, event,
or circumstance will be grounds for deeming it to be so.

Solicitation Requirements (rev 08/21) Page 54

2.4.
Complete Integration. The Contract, including any documents incorporated into the Contract
by reference, is intended by the parties as a final and complete expression of their
agreement. There are no prior, contemporaneous, or additional agreements, either oral or in
writing, pertaining to the Contract.
3.
Contract Administration and Operation
3.1.
Term of Contract. The term of the Contract will commence on the date indicated on the
Acceptance and continue for twelve (12) months unless cancelled, terminated, or permissibly
extended.
3.2.
Contract Extensions. State may at its discretion extend the initial Contract term in increments
of one or more months and do so one or more times, provided that the maximum aggregate
term of the Contract including extensions cannot exceed the maximum aggregate term of
five (5) years.
3.3.
Notices and Correspondence
3.3.1.
To Contractor. State shall address all Contract correspondence other than formal
notices to the email address indicated as “Default for Type” for “General Mailing
Address” in Contractor’s corresponding State’s e-Procurement System Vendor
Profile; and address any required notices to Contractor to the “Contact Name and
Title” at the “Mailing Address” indicated on the Accepted Offer, as that address
might have been amended during the term of the Contract.
3.3.2.
To State. Contractor shall address all Contract correspondence other than format
notices to the email address indicated in “Contact Instructions” in the The State’s
e-Procurement System Summary for State; and address any required notices to
State to the Procurement Officer identified as “Purchaser” in the State’s e-
Procurement System Summary at the following mailing address:
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 55

3.3.3.
Changes. State may change the designated Procurement Officer, update contact
information, or change the applicable mailing address.
3.4.
Signing of Contract Amendments. Contractor’s counter-signature – or “approval” in The
State’s e-Procurement System, in the case of an amendment, – is not required to give effect
if the Contract Amendment only covers either:
3.4.1.
extension of the term of the Contract within the maximum aggregate term;
3.4.2.
revision to Procurement Officer appointment or contact information; or
3.4.3.
modifications of a clerical nature that have no effect on terms, conditions, price,
scope, or other material aspect of the Contract.
In every case other than those listed in (1), (2), and (3) above, both parties’ signatures – or
“approval” in The State’s e-Procurement System, in the case of an Amendment – are
required to give it effect.
3.5.
Click Through Terms and Conditions If either party uses a web-based ordering system, an
electronic purchase order system, an electronic order acknowledgement, a form of an
electronic acceptance, or any software based ordering system with respect to the Contract
(each an “Electronic Ordering System”), the parties acknowledge and agree that an
Electronic Ordering System is for ease of administration only, and Contractor is hereby given
notice that the persons using Electronic Ordering Systems on behalf of State do not have
any actual or apparent authority to create legally binding obligations that vary from the terms
and conditions of the Contract. Accordingly, where an authorized State user is required to
“click through” or otherwise accept or be made subject to any terms and conditions in using
an Electronic Ordering Systems, any such terms and conditions are deemed void upon
presentation. Additionally, where an authorized State user is required to accept or be made
subject to any terms and conditions in accessing or employing any Materials or Services,
those terms and conditions will also be void.
3.6.
Books and Records
3.6.1.
Retain Records. By A.R.S. §41-2548(B), Contractor shall retain and shall
contractually require each SubContractor to retain books and records relating to
any cost and pricing data submitted in satisfaction of § 41-2543 for the period
specified in the statute

Solicitation Requirements (rev 08/21) Page 56

3.6.2.
Right To Audit. The retained books and records are subject to audit by State during
that period. By A.R.S. §41-2548(B), Contractor shall retain and shall contractually
require each SubContractor to retain books and records relating to performance
under the Contract for the period specified in the statute and those retained books
and records are subject to audit by State during that period.
3.6.3.
Auditing. Contractor or SubContractor shall either make all such books and records
under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or
produce the records at a designated State office on State’s demand, the choice of
which being at State’s discretion. For the purpose of this paragraph, “reasonable
times” are during normal business hours and in such a manner so as to not
unreasonably interfere with normal business activities.
3.7.
Contractor Licenses. Contractor shall maintain current federal, state and local licenses and
permits required for the operation of its business in general, for its operations under the
Contract, and for the Work itself.
3.8.
Inspection and Testing. By A.R.S. §41-2547, State may at reasonable times inspect the part
of Contractors’ or SubContractors’ plant or places of business related to performance under
the Contract. Accordingly, Contractor agrees to permit (for itself) and ensure (for
SubContractors) access for inspection at any reasonable time to its facilities, processes, and
services. State may inspect or test, at its own cost, any finished goods, work-in-progress,
components, or unfinished materials that are to be supplied under the Contract or that will
be incorporated into something to be supplied under the Contract. If the inspection or testing
shows non-conformance or defects, then Contractor will owe State reimbursement or
payment of all costs it incurred in carrying out or contracting for the inspection and testing,
as well as for any reinspection or retesting that might be necessary. Neither inspection of
facilities nor testing of goods, work, components, or unfinished materials will of itself
constitute acceptance by State of those things.
3.9.
Ownership of Intellectual Property
3.9.1.
Rights In Work Product. All intellectual property originated or prepared by
Contractor pursuant to the Contract, including but not limited to, inventions,
discoveries, intellectual copyrights, trademarks, trade names, trade secrets,
technical communications, records reports, computer programs and other
documentation or improvements thereto, including Contractor’s administrative

Solicitation Requirements (rev 08/21) Page 57

communications and records relating to the Contract, are considered work product
and Contractor’s property, provided that, State has Government Purpose Rights to
that work product as and when it was delivered to State.
3.9.1.1.
“Government Purpose Rights” are:
a. the unlimited, perpetual, irrevocable, royalty free, non-
exclusive, worldwide right to use, modify, reproduce,
release, perform, display, sublicense, disclose and create
derivatives from that work product without restriction for
any activity in which State is a party;
b. the right to release or disclose that work product to third
parties for any State government purpose; and
c. the right to authorize those to whom it rightfully releases or
discloses that work product to use, modify, release, create
derivative works from the work product for any State
government purpose; such recipients being understood to
include the federal government, the governments of other
states, and various local governments.
3.9.1.2.
“Government Purpose Rights” do not include any right to use, modify,
reproduce, perform, release, display, create derivative works from, or
disclose that work product for any commercial purpose or to authorize
others to do so.
3.9.2.
Joint Developments. The parties may each use equally any ideas, concepts, know-
how, or techniques developed jointly during the course of the Contract, and may do
so at their respective discretion, without obligation of notice or accounting to the
other party.
3.9.3.
Pre-existing Material. All pre-existing software and other materials developed or
otherwise obtained by or for Contractor or its affiliates independently of the Contract
or applicable Purchase Orders are not part of the work product to which rights are
granted State under subparagraph 3.9.1 above, and will remain the exclusive
property of Contractor, provided that:

Solicitation Requirements (rev 08/21) Page 58

3.9.3.1.
any derivative works of such pre-existing material or elements thereof
that are created pursuant to the Contract are part of that work product;
3.9.3.2.
any elements of derivative work of such pre-existing material that was
not created pursuant to the Contract are not part of that work product;
and
3.9.3.3.
except as expressly stated otherwise, nothing in the Contract is to be
construed to interfere or diminish Contractor’s or its affiliates’ ownership
of such pre-existing materials.
3.9.4.
Developments Outside Of Contract. Unless expressly stated otherwise in the
Contract, does not preclude Contractor from developing competing materials
outside the Contract, irrespective of any similarity to materials delivered or to be
delivered to State hereunder.
3.10.
Subcontract
3.10.1. Initial list. At the time of Contract execution, Contractor’s candidate SubContractors
were identified in Attachment Proposed SubContractors to the Accepted Offer
[Proposed SubContractors]. Agreeing to them being included in the Accepted Offer
signified Procurement Officer’s advance consent for Contractor to enter into a
Subcontract with each candidate, which Contractor shall do as promptly as
necessary to ensure its ability to carry out the Work in a timely manner.
3.10.2. Additional names. Contractor shall not enter into a Subcontract without first
obtaining
Procurement
Officer’s
written
consent
with
any
prospective
SubContractor that (a) was not listed on the Attachment Proposed SubContractors
at time of Contract execution or (b) is for any Materials or Services categories other
than the ones for which they were previously consented. For either case (a) or (b),
Contractor shall submit a written request sufficiently in advance of the need date
for those materials or services so that performance under the Contract is not
impaired. Procurement Officer may request any additional information he or she
determines is necessary to assess the submittal, and may withhold consent
pending it.
3.10.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the
Contract into every Subcontract by inclusion or by reference, as appropriate. When

Solicitation Requirements (rev 08/21) Page 59

making any post-execution consent requests, Contractor shall include its warrant
that it will do the same for the pending Subcontracts covered by the request.
Entering into Subcontracts will not relieve Contractor of any of its obligations or
duties under the Contract, including, among other things, the duty to supervise and
coordinate the work of SubContractors. Nothing contained in any Subcontract will
create or is to be construed as creating any contractual relationship between State
and the SubContractor.
3.11.
Orders
3.11.1. Order Sufficiency. The Contract was awarded in accordance with the Arizona
Procurement Code; the transactions and procedures required by the code for
competitive source selection have been met. An Order issued that cites the correct
State contract number will suffice to authorize the Contractor to provide the
Materials and perform the Services covered by that Order.
3.11.2. Order Terms. All Orders are subject to the Contract Terms and Conditions; an Order
cannot modify the Contract Terms and Conditions.
3.11.3. Orders Are Obligatory. Until the expiration or earlier termination of the Contract,
State may issue and Contractor shall accept Orders that make proper reference to
the Contract and are permissible hereunder, provided that, Contractor is not obliged
to accept any Order that is not consistent with the then-current pricing, lead times,
specifications, or payment provisions of the Contract. Contractor shall fulfill and
complete any Orders that are begun but not yet completed as of expiration or earlier
termination of the Contract unless State instructs otherwise at the time.
3.11.4. Special Case. In the special case where both the following conditions are true,
Procurement Officer’s signature on the Acceptance is Contractor’s authorization to
perform and therefore no Order is required: (a) the Contract is identified as being a
“single-agency/single-project” contract and (b) the Contract was created in The
State’s e-Procurement System as something other than a “Master/ Blanket” type.
3.11.5. No Minimums Or Commitments. (a) Contractor shall not impose any minimum dollar
amount, item count, services volume, or services duration on Orders; (b) State
makes no commitment of any kind concerning the quantity or monetary value of
activity actually initiated or completed during the term of the Contract; (c) Contractor

Solicitation Requirements (rev 08/21) Page 60

shall only deliver or perform as authorized by Orders; and (d) State is not limited as
to the number of Orders it may issue for the Contract. For clarity of intent, the
foregoing applies equally whether an Eligible Agency issues the Order or, if
applicable, a Co-Op Buyer issues it.
3.11.6. Non-contracted Materials Or Services. Any attempt to knowingly represent for
sales, marketing, or related purposes that goods or services not specifically
awarded are under a State contract is a violation of the Contract and law.
3.12.
The Contract is a “statewide” contract for multiple purchases, projects, or assignments, and
can be purchased against by some or all Eligible Agencies and any Co‑Op Buyers that elect
to participate. Even if only one Eligible Agency needs or elects to purchase against the
Contract, it is to be construed as being a “statewide” contract hereunder.
The Contract is an indefinite delivery, indefinite quantity (ID/IQ) type of contract; it is to be
construed as a “delivery order” sub‑type of ID/IQ contract to the extent the Work is Materials,
and a “task order” sub-type to the extent the Work is Services.
3.12.1. Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling
Materials to or providing Services for them under the Contract. The current list of
Co‑Op Buyers is available on the State Procurement Office website:
https://spo.az.gov/programs/cooperative
3.12.2. Contractor shall sell to Co-Op Buyers at the same price and on the same lead times
and other terms and conditions under which it sells to Eligible Agencies, with the
sole exception of any legitimately additional costs for extraordinary shipping or
delivery requirements if the Co-Op Buyer is having Materials delivered or installed
or Services performed at locations not contemplated in the contracted pricing (e.g.
delivery to a location outside Arizona).
3.12.3. Contractor shall pay State an administrative fee against all Contract sales to Co‑Op
Buyers, as provided for under A.R.S. § 41‑2633. The fee rate is one (1%) percent.
Failure to remit the administrative fees is a material breach of contract, and will
entitle the State to its remedies under Article 8 and its right to terminate for default
under Article 9. Method of calculation, payment procedures, and other details are
provided on the State Procurement Office website:

Solicitation Requirements (rev 08/21) Page 61

https://spo.az.gov/suppliers/usage-reporting
3.12.4. Contractor shall submit to State a quarterly usage report documenting all Contract
sales to both Eligible Agencies and Co‑Op Buyers, itemized separately. Contractor
shall further itemize divisions, groups or areas within a given Eligible Agency if they
place Orders independently of each other. Failure to submit the report is a material
breach of contract, and will entitle the State to its remedies under Article 8 and its
right to terminate for default under Article 9. Contractor shall submit the report using
the forms and following the instructions on the State Procurement Office website:
https://spo.az.gov/suppliers/usage-reporting
3.12.5. Contractor shall acknowledge each Order from Eligible Agencies within 1 (one)
business day after receipt by either: (a) “approving” the Order electronically in The
State’s e-Procurement System, which will indicate Contractor’s unqualified
acceptance of the Order as‑issued; or (b) “rejecting” the Order electronically in The
State’s e-Procurement System, with a concurrent explanation by email to relevant
originator as to the reason for rejecting it. By way of reminder, the only grounds on
which the Contractor may reject or refuse an Order are those set out in
subparagraph 3.11.3 [Orders are Obligatory]. Unless and until Contractor has
approved the Order in The State’s e-Procurement System, it will have no effect
under the Contract and will not oblige either State or Contractor. If the relevant
Eligible Agency explicitly instructs at the time that a verbal acceptance is sufficient
because of urgency or other unusual circumstances and Contractor duly gives its
verbal acceptance, then Contractor will be deemed to have accepted the Order
immediately upon commencing performance, provided that, Contractor must follow-
up its verbal acceptance by accepting the Purchase Order electronically in The
State’s e-Procurement System within 3 (three) business days. Contractor shall
thereafter be barred from subsequently rejecting the Order in The State’s e-
Procurement System and if it does so the rejection will be void.
3.12.6. Contractor shall acknowledge each Order from Co‑Op Buyers in conformance with
each buyer’s instructions given at the time of ordering or in any supplemental
participating agreement Contractor might have with them. Orders from Co‑Op
Buyers create no obligation on State’s part, since they are entirely between the Co-
Op Buyer and Contractor. That notwithstanding, Contractor’s obligation under the

Solicitation Requirements (rev 08/21) Page 62

Contract is to service Co-Op Buyers commercially as though they were with an
Eligible Agency, and Contractor’s refusal to do so would be a material breach of the
Contract.
3.13.
Multiple-Use Provisions. Eligible Agencies may issue Orders for Services in several forms,
all of which become final and effective by a “Release Purchase Order” in The State’s e-
Procurement System. Orders issued by Co-Op Buyers will be in whatever form the Co-Op
Buyer normally uses. Regardless of origin, Orders must cite the State contract number to be
valid. State may, at its discretion in each instance, determine the scope, schedule, and price
for each Order in any of the following ways:
3.13.1. By choosing some or all of the Materials or Services items covered by the Contract
for which a price is established in the Pricing Document, then preparing an Order
using those prices (e.g., filling out an order form), and sending it to the Contractor.
3.13.2. By instructing Contractor to provide a comprehensive proposal of item quantities,
combinations, etc., or services hours, personnel, etc., for a defined scope using
those established prices as a basis, then validating and negotiating the proposal
with Contractor and issuing an Order if and when reaching agreement.
3.13.3. As described in (2) above but requesting the proposal from both Contractor and
other vendors who are contracted within the applicable scope categories and
locations, either sequentially or concurrently, then selecting the proposal or
proposals combination that is most advantageous to State.
3.13.4. As described in (3) above but introducing ad-hoc commercial competition by making
the selection and ordering conditional on obtaining more favorable prices than the
contractually-established ones.
3.14.
Other Contractors. State may undertake with its own forces or award other contracts to the
same or other vendors for additional or related work. In such cases, Contractor shall
cooperate fully with State’s employees and such other vendors and carefully coordinate, fit,
connect, accommodate, adjust, or sequence its work to the related work by others. Where
the Contract requires handing-off Contractor’s work to others, Contractor shall cooperate as
State instructs regarding the necessary transfer of its work product, services, or records to
State or the other vendors. Contractor shall not commit or permit any act that interferes with
the State’s or other vendors’ performance of their work, provided that, State shall enforce the
foregoing section equitably among all its vendors so as not to impose an unreasonable
burden on any one of them.

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3.15.
Work on State Premises

3.15.1. Compliance With Rules. Contractor is responsible for ensuring that its personnel
comply with State’s rules, regulations, policies, documented practices, and
documented operating procedures while delivering or installing Materials or
performing Services on State’s grounds or in its facilities. For clarity of intent, the
foregoing means that if Contractor is required to comply with certain security
requirements in order to deliver, install, or perform at that particular location, then it
shall do so nonetheless and without entitlement to any additional compensation or
additional time for performance if those particular requirements are not expressly
stated in the Contract. Contractor is reminded that violation of the prohibition under
A.R.S. § 13-1502 against possession of weapons on State’s property by anyone for
whom Contractor is responsible is a material breach of contract and grounds for
termination for default.
3.15.2. Protection Of Grounds And Facilities. Contractor shall deliver or install the Materials
and perform the Services without damaging any State grounds or facilities.
Contractor shall repair or replace any damage it does cause promptly and at its own
expense, subject to whatever instructions and restrictions State needs to make to
prevent inconvenience or disruption of operations. If Contractor fails to make the
necessary repairs or replacements in a timely manner, State will be entitled to
exercise its remedies under paragraph 8.5 of the Uniform Terms and Conditions
[Right of Offset].
4.
Costs and Payments
4.1.
Payments

4.1.1.
Payment Deadline. State shall make payments in compliance with Arizona Revised
Statutes Titles 35 and 41. Unless and then only to the extent expressly stated
otherwise in the Pricing Document, State shall make payment in full for Materials
that have been delivered and accepted and Services that have been performed and
accepted within the time specified in A.R.S. § 35-342 after both of the following
become true: (a) all of the Materials being invoiced have been delivered or installed
(as applicable) and accepted and all of the Services being invoiced have been
performed and accepted; and (b) Contractor has provided a complete and accurate
invoice in the form and manner called for in the Pricing Document, provided that,

Solicitation Requirements (rev 08/21) Page 64

State will not make or be liable for any payments to Contractor until Contractor has
registered properly in The State’s e-Procurement System and provided a current
IRS Form W-9 to State unless excused by law from providing one.
4.1.2.
Payments Only To Contractor. Unless compelled otherwise by operation of law or
order of a court of competent jurisdiction, State will only make payment to
Contractor under the federal tax identifier indicated on the Accepted Offer.
4.2.
Applicable Taxes

4.2.1.
Contractor To Pay All Taxes. State is subject to Arizona TPT. Therefore, Arizona
TPT applies to all sales under the Contract and Arizona TPT is Contractor’s
responsibility (as seller) to remit. Contractor’s failure to collect Arizona TPT or any
other applicable sales or use taxes from an Eligible Agency or Co-Op Buyer (as
buyer) will not relieve the Contractor of any obligation to remit sales or use taxes
that are due under the Contract or laws. Unless stated otherwise in the Pricing
Document, all prices therein include Arizona TPT as well as every other manner of
transaction privilege or sales/use tax that is due to a municipality or another state
or its political subdivisions. Contractor shall pay all federal, state, and local taxes
applicable to its operations and personnel.
4.2.2.
Tax Indemnity. Contractor shall hold State harmless from any responsibility for
taxes or contributions, including any applicable damages and interest, that are due
to federal, state, and local authorities with respect to the Work and the Contract, as
well as any related costs; the foregoing expressly includes Arizona TPT,
unemployment
compensation
insurance,
social
security,
and
workers’
compensation insurance.
5.
Contract Changes
5.1.
Contract Amendments The Contract is issued for State under the authority of Procurement
Officer. Only a Contract Amendment can modify the Contract, and then only if it does not
change the Contract’s general scope. Purported changes to the Contract by a person not
expressly authorized by Procurement Officer or made unilaterally by Contractor will be void
and without effect; Contractor will not be entitled to any claim made under the Contract based
on any such purported changes.

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5.2.
Assignment and Delegation.
5.2.1.
In Whole. Contractor shall not assign in whole its rights or delegate in whole its
duties under the Contract without Procurement Officer’s prior written consent, which
consent Procurement Officer may withhold at his or her discretion. If Contractor’s
proposed assignment or delegation stems from a split, sale, acquisition, or other
non-merger change in control, then no such consent will be given in any event
without the assignee or delegate giving State satisfactory and equivalent evidence
or assurance of its financial soundness, competency, capacity, and qualification to
perform as that which Contractor possessed when State first awarded it the
Contract.
5.2.2.
In Part. Subject to paragraph 3.10 [Subcontracts] with respect to subcontracting,
Contractor may assign particular rights or delegate particular duties under the
Contract, but shall obtain Procurement Officer’s written consent before doing so.
Procurement Officer shall not unreasonably withhold consent so long as the
proposed assignment or delegation does not attempt to modify the Contract in any
way or to alter or impair State’s rights or remedies under the Contract or laws.
6.
Risk and Liability
6.1.
Risk of Loss. Contractor shall bear all risk of loss to Materials while in pre-production,
production, storage, transit, staging, assembly, installation, testing, and commissioning, if
and as those duties are within the scope of the Work, until they have been accepted as
conforming by State in the particular location and situation specified in the Order, or as
specified generally elsewhere in the Contract if the Order does not provide particulars,
provided that, risk of loss for nonconforming Materials will remain with Contractor
notwithstanding acceptance to the extent the loss stems from the nonconformance.
6.2.
Contractor Insurance
6.2.1.
Indemnification Clause
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of

Solicitation Requirements (rev 08/21) Page 66

claim processing, investigation and litigation) (hereinafter referred to as “Claims”)
for bodily injury or personal injury (including death), or loss or damage to tangible
or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of its owners, officers,
directors, agents, employees or subcontractors. This indemnity includes any claim
or amount arising out of, or recovered under, the Workers’ Compensation Law or
arising out of the failure of such Contractor to conform to any federal, state, or local
law, statute, ordinance, rule, regulation, or court decree. It is the specific intention
of the parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by Contractor from and against any and all claims. It is agreed that
Contractor will be responsible for primary loss investigation, defense, and judgment
costs where this indemnification is applicable. In consideration of the award of this
contract, the Contractor agrees to waive all rights of subrogation against the State
of Arizona, its officers, officials, agents, and employees for losses arising from the
work performed by the Contractor for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency,
board, commission or university of the State of Arizona.
6.2.2.
Insurance Requirements
6.2.2.1.
Contractor and subcontractors shall procure and maintain, until all of
their obligations have been discharged, including any warranty periods
under this Contract, insurance against claims for injury to persons or
damage to property arising from, or in connection with, the performance
of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
6.2.2.2.
The Insurance Requirements herein are minimum requirements for this
Contract and in no way limit the indemnity covenants contained in this
Contract. The State of Arizona in no way warrants that the minimum
limits contained herein are sufficient to protect the Contractor from
liabilities that arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees or

Solicitation Requirements (rev 08/21) Page 67

subcontractors, and the Contractor is free to purchase additional
insurance.
6.2.3.
Minimum Scope and Limits of Insurance
Contractor shall provide coverage with limits of liability not less than those stated
below.
6.2.3.1.
Commercial General Liability (CGL) – Occurrence Form
Policy shall include bodily injury, property damage, and broad form
contractual liability coverage.
•
General Aggregate

$2,000,000
•
Products – Completed Operations Aggregate
$1,000,000
•
Personal and Advertising Injury

$1,000,000
•
Damage to Rented Premises

$50,000
•
Each Occurrence

$1,000,000
a. The policy shall be endorsed, as required by this written
agreement, to include the State of Arizona, and its departments,
agencies, boards, commissions, universities, officers, officials,
agents, and employees as additional insureds with respect to
liability arising out of the activities performed by or on behalf of
the Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of
Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses
arising from work performed by or on behalf of the Contractor.
6.2.3.2.
Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-
owned automobiles used in the performance of this Contract.
•
Combined Single Limit (CSL)

$1,000,000

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a. Policy shall be endorsed, as required by this written agreement,
to include the State of Arizona, and its departments, agencies,
boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to liability arising
out of the activities performed by, or on behalf of, the Contractor
involving automobiles owned, hired and/or non-owned by the
Contractor.
b. Policy shall contain a waiver of subrogation endorsement as
required by this written agreement in favor of the State of
Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses
arising from work performed by or on behalf of the Contractor.
6.2.3.3.
Workers’ Compensation and Employers' Liability
•
Workers' Compensation

Statutory
•
Employers' Liability
o Each Accident

$1,000,000
o Disease – Each Employee

$1,000,000
o Disease – Policy Limit

$1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of
Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses
arising from work performed by or on behalf of the Contractor.
b. This requirement shall not apply to each Contractor or
subcontractor that is exempt under A.R.S. § 23-901, and when
such Contractor or subcontractor executes the appropriate
waiver form (Sole Proprietor or Independent Contractor).
6.2.4.
Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required by this written
agreement, the following provisions:

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6.2.4.1.
The Contractor's policies, as applicable, shall stipulate that the
insurance afforded the Contractor shall be primary and that any
insurance carried by the Department, its agents, officials, employees or
the State of Arizona shall be excess and not contributory insurance, as
provided by A.R.S. § 41-621 (E).
6.2.4.2.
Insurance provided by the Contractor shall not limit the Contractor’s
liability assumed under the indemnification provisions of this Contract.
6.2.5.
Notice of Cancellation
Applicable to all insurance policies required within the Insurance Requirements of
this Contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without thirty (30)
days prior written notice to the State of Arizona. Within two (2) business days of
receipt, Contractor must provide notice to the State of Arizona if they receive notice
of a policy that has been or will be suspended, canceled, materially changed for
any reason, has expired, or will be expiring. Such notice shall be sent directly to the
Department and shall be mailed, emailed, hand delivered or sent by facsimile
transmission to (State Representative’s Name, Address & Fax Number).
6.2.6.
Acceptability of Insurers
Contractor’s insurance shall be placed with companies licensed in the State of
Arizona or hold approved non-admitted status on the Arizona Department of
Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M.
Best” rating of not less than A- VII. The State of Arizona in no way warrants that the
above-required minimum insurer rating is sufficient to protect the Contractor from
potential insurer insolvency.
6.2.7.
Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of insurance (valid
ACORD form or equivalent approved by the State of Arizona) evidencing that
Contractor has the insurance as required by this Contract. An authorized
representative of the insurer shall sign the certificates.

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6.2.7.1.
All such certificates of insurance and policy endorsements must be
received by the State before work commences. The State’s receipt of
any certificates of insurance or policy endorsements that do not comply
with this written agreement shall not waive or otherwise affect the
requirements of this agreement.
6.2.7.2.
Each insurance policy required by this Contract must be in effect at, or
prior to, commencement of work under this Contract. Failure to maintain
the insurance policies as required by this Contract, or to provide
evidence of renewal, is a material breach of contract.
6.2.7.3.
All certificates required by this Contract shall be sent directly to the
Department. The State of Arizona project/contract number and project
description shall be noted on the certificate of insurance. The State of
Arizona reserves the right to require complete copies of all insurance
policies required by this Contract at any time.
6.2.8.
Subcontractors
Contractor’s certificate(s) shall include all subcontractors as insureds under its
policies or Contractor shall be responsible for ensuring and/or verifying that all
subcontractors have valid and collectable insurance as evidenced by the
certificates of insurance and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to the minimum Insurance Requirements
identified above. The Department reserves the right to require, at any time
throughout the life of the Contract, proof from the Contractor that its subcontractors
have the required coverage.
6.2.9.
Approval and Modifications
The Contracting Agency, in consultation with State Risk, reserves the right to review
or make modifications to the insurance limits, required coverages, or endorsements
throughout the life of this contract, as deemed necessary. Such action will not
require a formal Contract amendment but may be made by administrative action.

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6.2.10.
Exceptions
In the event the Contractor or subcontractor(s) is/are a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a
certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of
Arizona agency, board, commission, or university, none of the above shall apply.
6.3.
Patent and Copyright Indemnification. [CONTRACTOR/VENDOR (NOT PUBLIC AGENCY)]. With
respect to Materials or Services provided or proposed by a Contractor Indemnitor for
performance under the Contract, Contractor shall indemnify, defend and hold harmless State
Indemnitees against any third-party claims for liability, costs, and expenses, including, but
not limited to reasonable attorneys' fees, for infringement or violation of any patent,
trademark, copyright, or trade secret by the Materials and the Services. With respect to the
defense and payment of claims under this subparagraph:
6.3.1.
State shall provide reasonable and timely notification to Contractor of any claim for
which Contractor may be liable under this paragraph;
6.3.2.
Contractor, with reasonable consultation from State, shall have control of the
defense of any action on an indemnified claim including all negotiations for its
settlement or compromise;
6.3.3.
State may elect to participate in such action at its own expense; and
6.3.4.
State may approve or disapprove any settlement or compromise, provided that, (i)
State shall not unreasonably withhold or delay such approval or disapproval and (ii)
State shall cooperate in the defense and in any related settlement negotiations.
If Contractor is a public agency, this paragraph 6.4 does not apply.
6.4.
Force Majeure
6.4.1.
Definition. For this paragraph, “force majeure” means an occurrence that is
6.4.1.1.
beyond the control of the affected party,
6.4.1.2.
occurred without the party’s fault or negligence, and

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6.4.1.3.
something the party was unable to prevent by exercising reasonable
diligence. Without limiting the generality of the foregoing, force majeure
expressly includes acts of God, acts of the public enemy, war, riots,
strikes, mobilization, labor disputes, civil disorders, fire, flood, lockouts,
injunctions-intervention-acts, failures or refusals to act by government
authorities, and, subject to paragraph 7.6 [Performance in Public Health
Emergency], declared public health emergencies. Force majeure
expressly does not include late delivery caused by congestion at a
manufacturer’s plant or elsewhere, an oversold condition of the market,
late performance by a SubContractor unless the delay arises out of an
occurrence of force majeure, or inability of either Contractor or any
SubContractor to acquire or maintain any required insurance, bonds,
licenses, or permits.
6.4.2.
Relief From Performance. Except of sums due, the parties are not liable to each
other if an occurrence of force majeure prevents its performance under the
Contract. If either party is delayed at any time in the progress of their respective
performance under the Contract by an occurrence of force majeure, the delayed
party shall notify the other no later than the following working day after the
occurrence, or as soon as it could reasonably have been expected to recognize
that the occurrence had effect in cases where the effects were not readily apparent.
In any event, the notice must make specific reference to this paragraph specifying
the causes of the delay in the notice and, if the effects of the occurrence are on-
going, provide an initial notification and thereafter the delayed party shall provide
regular updates until such time as the effects are fully known. To the extent it is
able, the delayed party shall cause the delay to cease promptly and notify the other
party when it has done so. The parties shall extend the time of completion by
Contract Amendment for a period equal to the time that the results or effects of the
delay prevented the delayed party from performing.
6.4.3.
Excusable Delay Is Not Default. Failure in performance by either party will not
constitute default hereunder or give rise to any claim for damages or loss of
anticipated profits if and to the extent that such failure was or is being caused by an
occurrence of force majeure.

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6.4.4.
Default Diminishes Relief. Entitlement to relief from the effects of an occurrence of
force majeure is diminished to the extent that the delay did or will result from the
affected party’s default unrelated to the occurrence, in which case and to that extent
the other party’s normal remedies and the affected party’s obligations would apply
undiminished.
7.
Warranties
7.1.
Conformity to Requirements. Contractor warrants that, unless expressly provided otherwise
elsewhere in the Contract, the Materials and Services will for 1 (one) year after acceptance
and in each instance: (1) conform to the requirements of the Contract, which by way of
reminder include without limitation all descriptions, specifications, and drawings identified in
the Scope of Work and any Contractor affirmations included as part of the Contract; (2) be
free from defects of material and workmanship; (3) conform to or perform in a manner
consistent with current industry standards; and (4) be fit for the intended purpose or use
described in the Contract. Mere delivery or performance does not substitute for express
acceptance by the State. Where inspection, testing, or other acceptance assessment of
Materials or Services cannot be done until after installation, the forgoing warranty will not
begin until State’s acceptance.
7.2.
Contractor Personnel. Contractor warrants that its personnel will perform their duties under
the Contract in a professional manner, applying the requisite skills and knowledge, consistent
with industry standards, and in accordance with the requirements of the Contract. Contractor
further warrants that its key personnel will maintain any certifications relevant to their work,
and Contractor shall provide individual evidence of certification to State’s authorized
representatives upon request.
7.3.
Intellectual Property. Contractor warrants that the Materials and Services do not and will not
infringe or violate any patent, trademark, copyright, trade secret, or other intellectual property
rights or laws, except only to the extent the Specifications do not permit use of any other
product and Contractor is not and cannot reasonably be expected to be aware of the
infringement or violation.
7.4.
Licenses and Permits Contractor warrants that it will maintain all licenses required under
paragraph 3.7 [Contractor Licenses] and all required permits valid and in force.

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7.5.
Operational Continuity Contractor warrants that it will perform without relief notwithstanding
being sold or acquired; no such event will operate to mitigate or alter any of Contractor’s
duties hereunder absent a consented delegation under paragraph 5 [Assignment and
Delegation] that expressly recognizes the event.
7.6.
Performance in Public Health Emergency Contractor warrants that it will:
7.6.1.
have in effect, promptly after commencement, a plan for continuing performance in
the event of a declared public health emergency that addresses, at a minimum:
7.6.1.1.
identification of response personnel by name;
7.6.1.2.
key succession and performance responses in the event of sudden and
significant decrease in workforce; and
7.6.1.3.
alternative avenues to keep sufficient product on hand or in the supply
chain;
7.6.2.
provide a copy of its current plan to State within 3 (three) business days after State’s
written request. If Contractor claims relief under paragraph 6.5 [Force Majeure] for
an occurrence of force majeure that is a declared public health emergency, then
that relief will be conditioned on Contractor having first implemented its plan and
exhausted all reasonable opportunity for that plan implementation to overcome the
effects of that occurrence, or mitigate those effects to the extent that overcoming
entirely is not practicable.
7.6.3.
A request from the State related to this Section does not necessarily indicate that
there has been an occurrence of force majeure, and the Contractor will not be
entitled to any additional compensation or extension of time by virtue of having to
implement a plan .
7.6.4.
Failure to have or implement an appropriate plan will be a material breach of
contract.
7.7.
Lobbying
7.7.1.
Prohibition. Contractor warrants that it will not engage in lobbying activities, as
defined in 40 Code of Federal Regulations (CFR) part 34 and A.R.S. § 41-1231, et
seq., using monies awarded under the Contract, provided that, the foregoing does

Solicitation Requirements (rev 08/21) Page 75

not intend to constrain Contractor's use of its own monies or property, including
without limitation any net proceeds duly realized under the Contract or any value
thereafter derived from those proceeds; and upon award of the Contract, it will
disclose all lobbying activities to State to the extent they are an actual or potential
conflict of interest or where such activities could create an appearance of
impropriety. Contractor shall implement and maintain adequate controls to assure
compliance with (a) above. Contractor shall obtain an equivalent warranty from all
SubContractors and shall include an equivalent no-lobbying provision in all
Subcontracts.
7.7.2.
Exception. This paragraph does not apply to the extent that the Services are
defined in the Contract as being lobbying for State’s benefit or on State’s behalf.
7.8.
Survival of Warranty. All representations and warranties made by Contractor under the
Contract will survive the expiration or earlier termination of the Contract.
8.
This section intentionally left blank.
9.
This section intentionally left blank.
10.
This section intentionally left blank.
11.
General Provisions for Materials
11.1.
Applicability. Article 11 applies to the extent the Work is or includes Materials.
11.2.
Off-Contract Materials. Contractor shall ensure that the design and/or procedures for the
Materials ordering method prevents Orders for off-contract items or excluded items.
Notwithstanding that State might have its own internal administrative rules regarding off-
contract or excluded item ordering, and endeavors to prevent such orders from occurring,
Contractor is responsible for not accepting any such Orders. State may, at its discretion,
return any such items under subparagraph 11.17 or cancel any such Order under
subparagraph 11.18, in either case being without obligation and at Contractor’s expense. As
used above, “off-contract item” refers to any product not included in the scope of the Contract
and for which no price or compensation has been established contractually, and “excluded
item” refers to any product expressly stated in the Contract as being excluded from the
Contract.

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11.3.
Compensation for Late Deliveries. Contractor shall have clear, published policies in place
regarding late delivery, order cancelation, discounts, or rebates given to compensate for late
deliveries, etc., and make them readily available to those Eligible Agencies, and Co-Op
Buyers if applicable, that are likely to need them.
11.4.
Indicate Shipping Costs on Order. Contractor shall identify and provide the required
substantiating documentation for the amount it intends to add for shipping in the Order
acknowledgment if shipping is additional to the contracted price or rate for an item; otherwise,
Contractor shall indicate that shipping is included in the Order price (in other words, every
Order must indicate clearly whether or not shipping is included in the Order price, and if not
included, how much is to be added and why that amount is the correct or appropriate one)
11.5.
Current Products. Contractor shall keep all products being offered under the Contract: (a)
in current and ongoing production; (b) in its advertised product lines; (c) as models or types
that are actively functioning in other paying customer environments; and (d) in conformance
to the requirements of the Contract.
11.6.
Maintain Comprehensive Selection. Contractor shall provide at all times the
comprehensive selection of products for which a price is established in the Commercial
Document for ordering by Eligible Agencies, and Co-Op Buyers if applicable.
11.7.
Additional Products. State, at its discretion, may modify the scope of the Contract by
Contract Amendment to include additional products or product categories so long as they
are within the general scope of the ones originally covered by the Contract. Once the
Contract Amendment has been fully executed, Contractor shall then update all applicable
catalogs and price lists and make them available to all affected entities at no additional cost.
Either party may make the request to add products to the Contract; regardless of who makes
the request, the parties shall negotiate in good faith a fair price for any additional products,
but State may elect not to add some or all of the products in question if no agreement is
reached on pricing in a timely manner. Contractor’s request or proposal in response to State’s
request must include: (a) documentation demonstrating that the additional products meet or
exceed the specifications for the original products while remaining in the same product
groups as the original ones; and (b) documentation demonstrating that the proposed price
for the additional products is both fair and reasonable and at the same level of discount
relative to market price as were the original ones. Demonstration of (b) typically requires
showing how prices at which sales are currently or were last made to a significant number of

Solicitation Requirements (rev 08/21) Page 77

buyers compare to the prices or discounts (as applicable) being proposed for the additional
products.
11.8.
Discontinued Products If a product or groups of products covered by the Contract are
discontinued by the manufacturer, Contractor shall notify State within 5 (five) business days
after receiving the manufacturer’s notification. State, at its discretion, will either allow
Contractor to provide substitutes for the discontinued products or delete the products from
the scope of the Contract, both of which will be accomplished by Contract Amendment.
Contractor shall then update all applicable catalogs and price lists and make them available
to all affected entities at no additional cost. The parties shall negotiate in good faith a fair
price for any substitute product, but State may elect to delete the products from the scope of
the Contract if no agreement is reached on substitute pricing in a timely manner. When
notifying State of the discontinuance, Contractor shall provide: (a) manufacturer’s
announcement or documentation stating that the products have been discontinued, with
identification by model/part number; (b) documentation demonstrating that the substitute
products meet or exceed the specifications for the discontinued products while remaining in
the same product groups as were the discontinued ones; and (c) documentation
demonstrating that the proposed price for the substitute products is both fair and reasonable
and at the same level of discount relative to market price as were the discontinued ones.
11.9.
Forced Substitutes. Forced substitutions will not be permitted; Contractor shall obtain
State’s prior written consent before making any discretionary substitution for any product
covered by the Contract.
11.10.
Recalls. In the event of a recall notice, technical service bulletin, or other important
notification affecting a product offered under the Contract (collectively, “recalls” hereinafter),
Contractor shall send timely notice to State for each applicable Order referencing the affected
Order and product. Notwithstanding whatever protection Contractor might have under A.R.S.
§12-684 with respect to a manufacturer, Contractor shall handle recalls entirely and without
obligation on State’s part, other than to permit removal of installed products, retrieval of
stored products, etc., as necessary to implement the recall.
11.11.
Delivery

11.11.1.
PRICING. Unless stated otherwise in the Commercial Document, all Materials
prices set forth therein are Free Carrier (FCA seller’s dock) Incoterms®2010, with
“seller’s dock” meaning the last place of manufacturing, assembly, integration,

Solicitation Requirements (rev 08/21) Page 78

final packing, or warehousing before departure to designated point of delivery to
State. For reference, the foregoing is to be construed as equivalent to “F.O.B.
Origin, Contractor’s Facility” under FAR 52.247-30.
11.11.2.
LIABILITY. Unless stated otherwise in the Commercial Document or an Order,
Contractor’s liability for all Materials is Delivered Duty Paid (DDP) (State-
designated receiving point per Order) Incoterms®2010, but with unloading at
destination included. For reference, the foregoing is to be construed as equivalent
to “F.o.b. Destination, Within Consignee’s Premises” under FAR 52.247-35.
11.11.3.
PAYMENT. Unless stated otherwise in the Commercial Document or an Order,
State shall reimburse Contractor the costs of the difference between DDP (State-
designated receiving point per Order) and FCA (seller’s dock) with no mark-up,
which Contractor shall itemize and invoice separately.
11.12.
Delivery Time. Unless stated otherwise in the Commercial Document generally or in the
applicable Order particularly, Contractor shall make delivery within 2 (two) business days
after receiving each Order.
11.13.
Delivery Locations. Contractor shall offer deliveries to every location served under the
scope of the Contract, specifically
11.13.1.
if the Contract is for a single State agency in a single area, then Contractor shall
deliver to any agency location in that area;
11.13.2.
if the Contract is for a single State agency in all its locations, then Contractor shall
deliver to any of that agency’s location in Arizona;
11.13.3.
if the Contract is for statewide use but excludes certain areas, then Contractor
shall deliver to any Eligible Agency or Co-Op Buyer location that is not in the
excluded areas; and
11.13.4.
if the Contract is for unrestricted statewide use, then:
11.13.4.1.
Contractor shall deliver to any Eligible Agency or Co-Op Buyer
anywhere in Arizona;
11.13.4.2.
if a prospective Co-Op Buyer outside Arizona wishes to order
against the Contract, Contractor agrees to negotiate in good faith

Solicitation Requirements (rev 08/21) Page 79

any fair and reasonable price or lead time adjustments necessary to
serve that location if practicable to do so within the scope of its
normal business; and,
11.13.4.3.
if the Commercial Document indicates defined delivery areas and
prices, those always apply unless the Order expressly states
otherwise and Contractor accepts it.
11.14.
Conditions at Delivery Location. Contractor shall verify receiving hours and conditions
(i.e. height/weight restrictions, access control, etc.) with the relevant purchaser for the
receiving site before scheduling or making a delivery. State will neither allow extra charges
for wait time, comebacks, or the like nor excuse late delivery if Contractor has failed to make
the verification or comply with the applicable conditions. Contractor shall make each delivery
to the specific location indicated in the Order, which Contractor acknowledges might be inside
an industrial building, institutional building, low-rise office building, or high-rise office building
instead of a normal receiving dock. Contractor might be required to make deliveries to
locations inside a secured perimeter at certain institutional facilities such as prisons where
prior clearances are required for each delivery and driver individually. Contractor shall
contact each such facility directly to confirm its most-current security clearance procedures,
allowable hours for deliveries, visitor dress code, and other applicable rules. State will neither
allow extra charges for wait time, comebacks, or the like nor excuse late delivery if Contractor
has failed to make the confirmation or comply with the applicable conditions.
11.15.
Materials Acceptance. State has the right to make acceptance of Materials subject to a
complete inspection on delivery and installation, if installation is Contractor’s responsibility.
State may apply as acceptance criteria conformity to the Contract, workmanship and quality,
correctness of constituent materials, and any other matter for which the Contract or
applicable laws state a requirement, whether stated directly or by reference to another
document, standard, reference specification, etc. Contractor shall remove any rejected
Materials from the delivery location, or from any immediate environs to which it might have
been reasonably necessary to move it, carry it off the delivery premises, and subsequently
deliver an equal number or quantity of conforming items. State will not owe Contractor any
payment for rejected Materials, and State may, at its discretion, withhold or make partial
payment for any rejected Materials that have been returned to Contractor in those instances
where State has agreed to permit repair instead of demanding replacement.

Solicitation Requirements (rev 08/21) Page 80

11.16.
Correcting Defects. Contractor shall, at no additional cost and without entitlement to
extension of any delivery deadline or specified time for performance, remove or exchange
and replace any defective or non-conforming delivered or installed Materials
11.16.1.
Contractor shall be solely responsible for the cost of any associated cutting and
patching, temporary protection measures, packing and crating, hoisting and
loading, transportation, unpacking, inspection, repacking, reshipping, and
reinstallation if installation is within the scope of the Contract.
11.16.2.
If Contractor fails to do so in a timely manner, State will be entitled to exercise its
remedies under paragraph 8.5 [Right of Offset] of the Uniform Terms and
Conditions.
11.16.3.
Whether State will permit Contractor to repair in place or demands that Contractor
remove and replace is at State’s discretion in each instance, provided that, State
shall not apply that discretion punitively if repair in place is practicable and doing
so would not create safety hazards, put property at risk, unreasonably interfere
with operations, create public nuisance, or give rise to any other reasonable
concern on State’s part.
11.17.
Returns. State may, at its discretion, return for full credit and with no restocking charges
any delivered. Materials unused in the original packaging, including any instruction manuals
or other incidental item that accompanied the original shipment, within thirty (30) days after
receipt. If State elects to return delivered Materials, then State shall pay all freight, delivery,
and transit insurance costs to return the products to the place from which Contractor shipped
them, provided that, if State returns delivered Materials because they are defective or non-
conforming or for any other reason having to do with Contractor fault or error, then State will
not be responsible for paying freight, delivery, or transit insurance costs to return the products
and may, at its discretion, either have those billed directly to Contractor or offset them under
paragraph 8.5 [Right of Offset] of the Uniform Terms and Conditions.
11.18.
Order Cancellations. State may cancel Orders within a reasonable period after issuance
and at its discretion. The same method as that used for ordering will be used for cancellation.
If State cancels an Order, then State shall:

Solicitation Requirements (rev 08/21) Page 81

11.18.1.
pay Contractor for any portion of the Materials and Services from that Order that
have been properly delivered or performed as of the cancellation effective date
plus one (1) additional business day.
11.18.2.
reimburse Contractor for:
11.18.2.1.
its actual, documented costs incurred in fulfilling the Order up to the
cancellation effective date plus one (1) additional business day;
11.18.2.2.
the cost of any obligations it incurred in fulfilling the Order up to the
cancellation effective date plus one (1) additional business day that
demonstrably cannot be canceled, or that have pre-established
cancelation penalties specified in the relevant Subcontracts, to the
extent the penalties are reasonable and customary for the work in
question; and,
11.18.2.3.
Contractor shall not charge or be entitled to charge State for any new
costs it incurs after receiving the cancellation notice. By way of
reminder, State is not liable for any products that were produced,
shipped, or delivered or any services that were performed before
Contractor had acknowledged the corresponding Order
11.19.
Product Safety. Materials as-shipped must comply with applicable safety regulations and
standards. Unless expressly stated otherwise in the Scope of Work, State is not responsible
for making any Materials safe or compliant following acceptance and is relying exclusively
on Contractor to deliver only products that are already safe and compliant.
11.20.
Hazardous Materials. Contractor shall timely provide State with any “Safety Data Sheets”
(SDS) and any other hazard communication documentation required under the US
Department of Labor’s Occupational Safety and Health Administration (OSHA) “Hazard
Communication Standard” (often referred to as the “HazCom 2012 Final Rule”) that is
reasonably necessary for State to comply with regulations when it or its other Contractors
install, handle, operate, repair, maintain or remove any Materials. Note that, in the past, those
documents might have been referred to as “Material Safety Data Sheets” or “Product Safety
Data Sheets”, but State (and this Contract) use only the more up-to-date “SDS” reference.
Contractor shall ensure that all its relevant personnel understand the nature of and hazards
associated with, to the extent it they are Contractor’s responsibility under the Contract, the
design, shipping, handling, delivery, installation, repair and maintenance of any portion of the
Work that is, contains or will become upon use a hazardous material, with “hazardous

Solicitation Requirements (rev 08/21) Page 82

material” being any material or substance that is: (1) identified now or in the future as being
hazardous, toxic or dangerous under applicable laws; or (2) subject to statutory or regulatory
requirement governing special handling, disposal or cleanup.
12.
General Provisions for Services
12.1.
Applicability. Article 12 applies to the extent the Work is or includes Services.
12.2.
Comprehensive Services. Contractor shall provide the comprehensive range of services
for which a price is established Offering in the Pricing Document for ordering by Eligible
Agencies and Co-Op Buyers, if co-op buying applies.
12.3.
Additional Services. State at its discretion may modify the scope of the Contract by Contract
Amendment to include additional services or service categories that are within the general
scope of the ones originally covered by the Contract if it determines that doing so is in its
best interest. Once the Contract Amendment is fully executed, Contractor shall then update
all applicable price lists and make them available to all affected entities at no additional cost.
Either party may make the request to add services to the Contract; regardless of who makes
the request, the parties shall negotiate in good faith a fair price for any additional services,
but State may elect not to add some or all of the services in question if no agreement is
reached on pricing in a timely manner. Contractor’s request or proposal in response to State’s
request must include documentation demonstrating that the proposed price for the additional
services is both fair and reasonable and comparable to the original ones.
12.4.
Off-Contract Services. Contractor shall ensure that the design and/or procedures for the
Services ordering method prevents Orders for off-contract or excluded services.
Notwithstanding that State might have its own internal administrative rules regarding off-
contract or excluded service ordering, and endeavors to prevent such orders from occurring,
Contractor is responsible for not accepting any such Orders. State may, at its discretion,
cancel any such Order without obligation. As used above, “off-contract service” refers to any
service not included in the scope of the Contract and for which no price or compensation has
been established contractually, and “excluded service” refers to any service expressly
excluded from the scope of the Contract.
12.5.
Removal of Personnel. Notwithstanding that Contractor is in every circumstance
responsible for hiring, assigning, directing, managing, training, disciplining, and rewarding its
personnel, State may at its discretion and without the obligation to demonstrate cause

Solicitation Requirements (rev 08/21) Page 83

instruct Contractor to remove any of its personnel from State’s facilities or from further
assignment under the Contract. In such cases, Contractor shall promptly replace them with
other personnel having equivalent qualifications, experience, and capabilities.
12.6.
Transitions. During commencement, Contractor shall attend transition meetings with any
outgoing vendors to coordinate and ease the transition so that the effect on State’s
operations is kept to a minimum. State may elect to have outgoing vendors complete some
or all of their work or orders in progress to ease the transition as is safest and most efficient
in each instance, even if that scope is covered under the Contract. Conversely, State
anticipates having a continued need for the same materials and services upon expiration or
earlier termination of the Contract. Accordingly, Contractor shall work closely with any new
(incoming) vendor and State to ensure as smooth and complete a transfer as is practicable.
State’s representative shall coordinate all transition activities and facilitate joint development
of a comprehensive transition plan by both Contractor and the incoming vendor. As with the
incoming transition, State may permit Contractor (outgoing) to complete work or orders in
progress to ease the transition as is safest and most efficient in each instance.
12.7.
Accuracy of Work. Contractor is responsible for the accuracy of the Services, and shall
promptly make all necessary revisions or corrections resulting from errors and omissions on
its part without additional compensation. Acceptance by State will not relieve Contractor of
responsibility for correction of any errors discovered subsequently or necessary clarification
of any ambiguities.
12.8.
Requirements at Services. Contractor personnel shall perform their assigned portions of
the Services at the specific location indicated in the Order (if applicable). Contractor
acknowledges that the location might be inside an industrial building, institutional building, or
one of various office types and classes. Additionally, if performing the Services requires
Contractor personnel to work inside a secured perimeter at certain institutional facilities such
as prisons where prior clearances are required, Contractor shall contact the facility directly
to confirm its most-current security clearance procedures, allowable hours for work, visitor
dress code, and other applicable rules. State will neither allow extra charges for wait time,
comebacks, or the like nor excuse late performance if Contractor has failed to make the
confirmation or comply with the applicable conditions.
12.9.
Services Acceptance. State has the right to make acceptance of Services subject to
acceptance criteria. State may apply acceptance criteria conformity to the Contract,
accuracy, completeness, or other indicators of quality or other matter for which the Contract

Solicitation Requirements (rev 08/21) Page 84

or law states a requirement, whether stated directly or by reference to another document,
standard, reference specification, etc. State will not owe Contractor any payment for
unaccepted Services; and State may, at its discretion, withhold or make partial payment for
any rejected Services if Contractor is still in the process of re-performing or otherwise curing
the grounds for State’s rejection.
12.10.
Corrective Action Required. Notwithstanding any other guarantees, general warranties, or
particular warranties Contractor has given under the Contract, if Contractor fails to perform
any material portion of the Services, including failing to complete any contractual deliverable,
or if its performance fails to meet agreed-upon service levels or service standards set out in
or referred to in the Contract, then Contractor shall perform a root-cause analysis to identify
the source of the failure and use all commercially reasonable efforts to correct the failure and
meet the Contract requirements as promptly as is practicable.
12.10.1.
Contractor shall provide to State a report detailing the identified cause and
setting out its detailed corrective action plan promptly after the date the failure
occurred (or the date when the failure first became apparent, if it was not
apparent immediately after occurrence).
12.10.2.
State may demand to review and approve Contractor’s analysis and plans, and
Contractor shall make any corrections State instructs and adopt State’s
recommendations so far as is commercially practicable, provided that State may
insist on any measures it determines within reason to be necessary for safety or
protecting property and the environment.
12.10.3.
Contractor shall take the necessary action(s) to avoid any like failure in the future
if doing so is appropriate and practicable under the circumstances

Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004092
Statewide Roadway and Airport Paint and Glass
Bead Quality Materials
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007

Solicitation Requirements (rev 08/21) Page 85
Uniform Terms and Conditions
1.
Definition of Terms: As used in this Solicitation and any resulting Contract, the terms listed below are
defined as follows:
1.1.
“Attachment” means any item the Solicitation requires the Offeror to submit as part of the
Offer.
1.2.
“Contract” means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and
any Solicitation Amendments or Contract Amendments.
1.3.
"Contract Amendment" means a written document signed by the Procurement Officer that is
issued for the purpose of making changes in the Contract.
1.4.
“Contractor” means any person who has a Contract with the State.
1.5.
“Days” means calendar days unless otherwise specified.
1.6.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits
section of the Solicitation.
1.7.
“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
1.8.
“Materials” means all property, including equipment, supplies, printing, insurance and leases
of property but does not include land, a permanent interest in land or real property or leasing
space.
1.9.
“Procurement Officer” means the person, or his or her designee, duly authorized by the State
to enter into and administer Contracts and make written determinations with respect to the
Contract.
1.10.
“Services” means the furnishing of labor, time or effort by a Contractor or subContractor
which does not involve the delivery of a specific end product other than required reports and
performance, but does not include employment agreements or collective bargaining
agreements.
1.11.
“Subcontract” means any Contract, express or implied, between the Contractor and another
party or between a subContractor and another party delegating or assigning, in whole or in
part, the making or furnishing of any material or any service required for the performance of
the Contract.
1.12.
“State” means the State of Arizona and Department or Agency of the State that executes the
Contract.
1.13.
“State Fiscal Year” means the period beginning with July 1 and ending June 30.

Solicitation Requirements (rev 08/21) Page 86
2.
Contract Interpretation
2.1.
Arizona Law. The Arizona law applies to this Contract including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement
Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules,
Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
2.2.
Implied Contract Terms. Each provision of law and any terms required by law to be in this
Contract are a part of this Contract as if fully stated in it.
2.3.
Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as
accepted by the State and as they may be amended, the following shall prevail in the order
set forth below:
2.3.1.
Special Terms and Conditions;
2.3.2.
Uniform Terms and Conditions;
2.3.3.
Statement or Scope of Work;
2.3.4.
Specifications;
2.3.5.
Attachments;
2.3.6.
Exhibits;
2.3.7.
Documents referenced or included in the Solicitation.

2.4.
Relationship of Parties. The Contractor under this Contract is an independent Contractor.
Neither party to this Contract shall be deemed to be the employee or agent of the other party
to the Contract.
2.5.
Severability. The provisions of this Contract are severable. Any term or condition deemed
illegal or invalid shall not affect any other term or condition of the Contract.
2.6.
No Parole Evidence. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the parties and no usage
of the trade shall supplement or explain any terms used in this document and no other
understanding either oral or in writing shall be binding.
2.7.
No Waiver. Either party’s failure to insist on strict performance of any term or condition of the
Contract shall not be deemed a waiver of that term or condition even if the party accepting
or acquiescing in the nonconforming performance knows of the nature of the performance
and fails to object to it.
3.
Contract Administration and Operation
3.1.
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
contractually require each subContractor to retain all data and other “records” relating to the
acquisition and performance of the Contract for a period of five years after the completion of
the Contract. All records shall be subject to inspection and audit by the State at reasonable
times. Upon request, the Contractor shall produce a legible copy of any or all such records.

Solicitation Requirements (rev 08/21) Page 87
3.2.
Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09
and all other applicable Federal and State laws, rules and regulations, including the
Americans with Disabilities Act.
3.3.
Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5)
years thereafter, the Contractor’s or any subContractor’s books and records shall be subject
to audit by the State and, where applicable, the Federal Government, to the extent that the
books and records relate to the performance of the Contract or Subcontract.
3.4.
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its
facilities, subContractor facilities and the Contractor’s processes or services, at reasonable
times for inspection of the facilities or materials covered under this Contract. The State shall
also have the right to test, at its own cost, the materials to be supplied under this Contract.
Neither inspection of the Contractor’s facilities nor materials testing shall constitute final
acceptance of the materials or services. If the State determines non-compliance of the
materials, the Contractor shall be responsible for the payment of all costs incurred by the
State for testing and inspection.
3.5.
Notices. Notices to the Contractor required by this Contract shall be made by the State to the
person indicated on the Offer and Acceptance form submitted by the Contractor unless
otherwise stated in the Contract. Notices to the State required by the Contract shall be made
by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet,
unless otherwise stated in the Contract. An authorized Procurement Officer and an
authorized Contractor representative may change their respective person to whom notice
shall be given by written notice to the other and an amendment to the Contract shall not be
necessary.
3.6.
Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise
or promote information for commercial benefit concerning this Contract without the prior
written approval of the Procurement Officer.
3.7.
Property of the State. Any materials, including reports, computer programs and other
deliverables, created under this Contract are the sole property of the State. The Contractor
is not entitled to a patent or copyright on those materials and may not transfer the patent or
copyright to anyone else. The Contractor shall not use or release these materials without the
prior written consent of the State.
3.8.
Ownership of Intellectual Property. Any and all intellectual property, including but not limited
to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or
conceived pursuant to or as a result of this contract and any related subcontract (“Intellectual
Property”), shall be work made for hire and the State shall be considered the creator of such
Intellectual Property. The agency, department, division, board or commission of the State of
Arizona requesting the issuance of this contract shall own (for and on behalf of the State) the
entire right, title and interest to the Intellectual Property throughout the world. Contractor shall
notify the State, within thirty (30) days, of the creation of any Intellectual Property by it or its
subContractor(s). Contractor, on behalf of itself and any subContractor(s), agrees to execute
any and all document(s) necessary to assure ownership of the Intellectual Property vests in
the State and shall take no affirmative actions that might have the effect of vesting all or part
of the Intellectual Property in any entity other than the State. The Intellectual Property shall

Solicitation Requirements (rev 08/21) Page 88
not be disclosed by Contractor or its subContractor(s) to any entity not the State without the
express written authorization of the agency, department, division, board or commission of
the State of Arizona requesting the issuance of this contract.
3.9.
Federal Immigration and Nationality Act. The Contractor shall comply with all federal, state
and local immigration laws and regulations relating to the immigration status of their
employees during the term of the contract. Further, the Contractor shall flow down this
requirement to all subContractors utilized during the term of the contract. The State shall
retain the right to perform random audits of Contractor and subContractor records or to
inspect papers of any employee thereof to ensure compliance. Should the State determine
that the Contractor and/or any subContractors be found noncompliant, the State may pursue
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 Contractor.
3.10.
E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants
compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. § 23- 214, Subsection A.
3.11.
Offshore Performance of Work Prohibited. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and
involve access to secure or sensitive data or 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.
4.
Costs and Payments
4.1.
Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30
days. Upon receipt and acceptance of goods or services, the Contractor shall submit a
complete and accurate invoice for payment from the State within thirty (30) days.
4.2.
Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and
shall include all freight delivery and unloading at the destination.
4.3.
Applicable Taxes
4.3.1.
Payment of Taxes. The Contractor shall be responsible for paying all applicable
taxes.
4.3.2.
State and Local Transaction Privilege Taxes. The State of Arizona is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes
apply to the sale and are the responsibility of the seller to remit. Failure to collect
such taxes from the buyer does not relieve the seller from its obligation to remit
taxes.
4.3.3.
Tax Indemnification. Contractor and all subContractors shall pay all Federal, state
and local taxes applicable to its operation and any persons employed by the
Contractor. Contractor shall, and require all subContractors to hold the State

Solicitation Requirements (rev 08/21) Page 89
harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under Federal, and/or state and local laws and regulations
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.
4.3.4.
IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S.
W9 Form on file with the State of Arizona, unless not required by law.
4.4.
Availability of Funds for the Next State fiscal year. Funds may not presently be available for
performance under this Contract beyond the current state fiscal year. No legal liability on the
part of the State for any payment may arise under this Contract beyond the current state
fiscal year until funds are made available for performance of this Contract,
4.5.
Availability of Funds for the current State fiscal year. Should the State Legislature enter back
into session and reduce the appropriations or for any reason and these goods or services
are not funded, the State may take any of the following actions:
4.5.1.
Accept a decrease in price offered by the Contractor;
4.5.2.
Cancel the Contract; or
4.5.3.
Cancel the contract and re-solicit the requirements.

5.
Contract Changes
5.1.
Amendments. This Contract is issued under the authority of the Procurement Officer who
signed this Contract. The Contract may be modified only through a Contract Amendment
within the scope of the Contract. Changes to the Contract, including the addition of work or
materials, the revision of payment terms, or the substitution of work or materials, directed by
a person who is not specifically authorized by the procurement officer in writing or made
unilaterally by the Contractor are violations of the Contract and of applicable law. Such
changes, including unauthorized written Contract Amendments shall be void and without
effect, and the Contractor shall not be entitled to any claim under this Contract based on
those changes.
5.2.
Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for the
performance of this contract without the advance written approval of the Procurement Officer.
The Contractor shall clearly list any proposed subContractors and the subContractor’s
proposed responsibilities. The Subcontract shall incorporate by reference the terms and
conditions of this Contract.
5.3.
Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty
under this Contract without the prior written approval of the Procurement Officer. The State
shall not unreasonably withhold approval.
6.
Risk and Liability
6.1.
Risk of Loss: The Contractor shall bear all loss of conforming material covered under this
Contract until received by authorized personnel at the location designated in the purchase

Solicitation Requirements (rev 08/21) Page 90
order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for
nonconforming materials shall remain with the Contractor regardless of receipt.
6.2.
Indemnification
6.2.1.
Contractor/Vendor Indemnification (Not Public Agency). The parties to this contract
agree that the State of Arizona, its departments, agencies, boards and commissions
shall be indemnified and held harmless by the Contractor for the vicarious liability
of the State as a result of entering into this contract. However, the parties further
agree that the State of Arizona, its departments, agencies, boards and commissions
shall be responsible for its own negligence. Each party to this contract is
responsible for its own negligence.
6.2.2.
Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney's
fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of
any person (including death) or property damage but only to the extent that such
claims which result in vicarious/derivative liability to the indemnitee, are caused by
the act, omission, negligence, misconduct, or other fault of the indemnitor, its
officers, officials, agents, employees, or volunteers."
6.3.
Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless
the State against any liability, including costs and expenses, for infringement of any patent,
trademark or copyright arising out of Contract performance or use by the State of materials
furnished or work performed under this Contract. The State shall reasonably notify the
Contractor of any claim for which it may be liable under this paragraph. If the Contractor is
insured pursuant to A.R.S. § 41-621 and § 35-154, this section shall not apply.
6.4.
Force Majeure
6.4.1.
Except for payment of sums due, neither party shall be liable to the other nor
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. Without limiting the foregoing, force
majeure includes acts of God; acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; flood; 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.
6.4.2.
Force Majeure shall not include the following occurrences:
6.4.2.1.
Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market;

Solicitation Requirements (rev 08/21) Page 91
6.4.2.2.
Late performance by a subContractor unless the delay arises out of a
force majeure occurrence in accordance with this force majeure term
and condition; or

6.4.2.3.
Inability of either the Contractor or any subContractor to acquire or
maintain any required insurance, bonds, licenses or permits.

6.4.3.
If either party is delayed at any time in the progress of the work by force majeure,
the delayed party shall notify the other party in writing of such delay, as soon as is
practicable and no later than the following working day, of the commencement
thereof and shall specify the causes of such delay in such notice. Such notice shall
be delivered or mailed certified-return receipt and shall make a specific reference
to this article, thereby invoking its provisions. The delayed party shall cause such
delay to cease as soon as practicable and shall notify the other party in writing when
it has done so. The time of completion shall be extended by Contract Amendment
for a period of time equal to the time that results or effects of such delay prevent
the delayed party from performing in accordance with this Contract.
6.4.4.
Any delay or failure in performance by either party hereto shall not constitute default
hereunder or give rise to any claim for damages or loss of anticipated profits if, and
to the extent that such delay or failure is caused by force majeure.
6.5.
Third Party Antitrust Violations. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that those violations concern
materials or services supplied by third parties to the Contractor, toward fulfillment of this
Contract.
7.
Warranties
7.1.
Liens. The Contractor warrants that the materials supplied under this Contract are free of
liens and shall remain free of liens.
7.2.
Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor
warrants that, for one year after acceptance by the State of the materials, they shall be:
7.2.1.
Of a quality to pass without objection in the trade under the Contract description;
7.2.2.
Fit for the intended purposes for which the materials are used;
7.2.3.
Within the variations permitted by the Contract and are of even kind, quantity, and
quality within each unit and among all units;
7.2.4.
Adequately contained, packaged and marked as the Contract may require; and
7.2.5.
Conform to the written promises or affirmations of fact made by the Contractor.
7.3.
Fitness. The Contractor warrants that any material supplied to the State shall fully conform
to all requirements of the Contract and all representations of the Contractor, and shall be fit
for all purposes and uses required by the Contract.

Solicitation Requirements (rev 08/21) Page 92
7.4.
Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this
paragraph are not affected by inspection or testing of or payment for the materials by the
State.
7.5.
Compliance With Applicable Laws. The materials and services supplied under this Contract
shall comply with all applicable Federal, state and local laws, and the Contractor shall
maintain all applicable license and permit requirements.
7.6.
Survival of Rights and Obligations after Contract Expiration or Termination.
7.6.1.
Contractor's Representations and Warranties. All representations and warranties
made by the Contractor under this Contract shall survive the expiration or
termination hereof. In addition, the parties hereto acknowledge that pursuant to
A.R.S. § 12-510, except as provided in A.R.S. § 12- 529, the State is not subject to
or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5.
7.6.2.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions
of the Contract, fully perform and shall be obligated to comply with all purchase
orders received by the Contractor prior to the expiration or termination hereof,
unless otherwise directed in writing by the Procurement Officer, including, without
limitation, all purchase orders received prior to but not fully performed and satisfied
at the expiration or termination of this Contract.
8.
State's Contractual Remedies
8.1.
Right to Assurance. If the State in good faith has reason to believe that the Contractor does
not intend to, or is unable to perform or continue performing under this Contract, the
Procurement Officer may demand in writing that the Contractor give a written assurance of
intent to perform. Failure by the Contractor to provide written assurance within the number
of Days specified in the demand may, at the State’s option, be the basis for terminating the
Contract under the Uniform Terms and Conditions or other rights and remedies available by
law or provided by the contract.
8.2.
Stop Work Order.
8.2.1.
The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part of the work called for by this Contract for period(s)
of days indicated by the State after the order is delivered to the Contractor. The
order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms
and take all reasonable steps to minimize the incurrence of costs allocable to the
work covered by the order during the period of work stoppage.
8.2.2.
If a stop work order issued under this clause is canceled or the period of the order
or any extension expires, the Contractor shall resume work. The Procurement
Officer shall make an equitable adjustment in the delivery schedule or Contract
price, or both, and the Contract shall be amended in writing accordingly.

Solicitation Requirements (rev 08/21) Page 93
8.2.3.
Non-exclusive Remedies. The rights and the remedies of the State under this
Contract are not exclusive.
8.3.
Nonconforming Tender. Materials or services supplied under this Contract shall fully comply
with the Contract. The delivery of materials or services or a portion of the materials or
services that do not fully comply constitutes a breach of contract. On delivery of
nonconforming materials or services, the State may terminate the Contract for default under
applicable termination clauses in the Contract, exercise any of its rights and remedies under
the Uniform Commercial Code, or pursue any other right or remedy available to it.
8.4.
Right of Offset. The State shall be entitled to offset against any sums due the Contractor,
any expenses or costs incurred by the State, or damages assessed by the State concerning
the Contractor’s non-conforming performance or failure to perform the Contract, including
expenses, costs and damages described in the Uniform Terms and Conditions.
9.
Contract Termination
9.1.
Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this
Contract within three (3) years after Contract execution without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of the State 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 other party to this Contract
with respect to the subject matter of the Contract. The cancellation shall be effective when
the Contractor receives written notice of the cancellation unless the notice specifies a later
time. If the Contractor is a political subdivision of the State, it may also cancel this Contract
as provided in A.R.S. § 38- 511.
9.2.
Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the
State determines that employment or a Gratuity was offered or made by the Contractor or a
representative of the Contractor to any officer or employee of the State for the purpose of
influencing the outcome of the procurement or securing the Contract, an amendment to the
Contract, or favorable treatment concerning the Contract, including the making of any
determination or decision about contract performance. The State, in addition to any other
rights or remedies, shall be entitled to recover exemplary damages in the amount of three
times the value of the Gratuity offered by the Contractor.
9.3.
Suspension or Debarment. The State may, by written notice to the Contractor, immediately
terminate this Contract if the State determines that the Contractor has been debarred,
suspended or otherwise lawfully prohibited from participating in any public procurement
activity, including but not limited to, being disapproved as a subContractor of any public
procurement unit or other governmental body. Submittal of an offer or execution of a contract
shall attest that the Contractor is not currently suspended or debarred. If the Contractor
becomes suspended or debarred, the Contractor shall immediately notify the State.

Solicitation Requirements (rev 08/21) Page 94
9.4.
Termination for Convenience. The State reserves the right to terminate the Contract, in whole
or in part at any time when in the best interest of the State, without penalty or recourse. Upon
receipt of the written notice, the Contractor shall stop all work, as directed in the notice, notify
all subContractors of the effective date of the termination and minimize all further costs to
the State. In the event of termination under this paragraph, all documents, data and reports
prepared by the Contractor under the Contract shall become the property of and be delivered
to the State upon demand. The Contractor shall be entitled to receive just and equitable
compensation for work in progress, work completed and materials accepted before the
effective date of the termination. The cost principles and procedures provided in A.A.C. R2-
7-701 shall apply.
9.5.
Termination for Default.
9.5.1.
In addition to the rights reserved in the contract, the State may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with any
term or condition of the Contract, to acquire and maintain all required insurance
policies, bonds, licenses and permits, or to make satisfactory progress in
performing the Contract. The Procurement Officer shall provide written notice of the
termination and the reasons for it to the Contractor.
9.5.2.
Upon termination under this paragraph, all goods, materials, documents, data and
reports prepared by the Contractor under the Contract shall become the property
of and be delivered to the State on demand.
9.5.3.
The State may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under this
Contract. The Contractor shall be liable to the State for any excess costs incurred
by the State in procuring materials or services in substitution for those due from the
Contractor.
9.6.
Continuation of Performance Through Termination. The Contractor shall continue to perform,
in accordance with the requirements of the Contract, up to the date of termination, as directed
in the termination notice.
10.
Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41,
Chapter 23, Article 9, and rules adopted thereunder.
11.
Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract
through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S.
§ 12-1518, except as may be required by other applicable statutes (Title 41).

Solicitation Requirements (rev 08/21) Page 95
12.
Comments Welcome
The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes
any comments you may have. Please submit your comments to: State Procurement Administrator,
State Procurement Office, 100 North 15th Avenue, Phoenix, Arizona, 85007.
Exhi bit A

Solicitation Amendment 1
Statewide Roadway and Airport Paint and
Glass Bead Quality Materials
BPM004092
Arizona Department of
Administration
State Procurement Office
100 N. 15th Avenue, Suite 305
Phoenix, AZ 85007
12/28/2021

ACKNOWLEDGEMENT AND AUTHORIZATION
This amendment is effective on the date released, by the Procurement Officer or representative,
as a new “Round” in the State e-Procurement system.

Available online at
app.az.gov
Page | 1

The pricing document “BPM004092 Pricing” has been replaced with the new pricing document “BPM004092
Pricing per Amendment 1” to add additional pricing options for Glass Bead Item 8 (Federal Specification TT-B-
1325D).

ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED