Linking Agreement with Intermountain Lock and Security Supply Co.
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01/28/2025
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
INTERMOUNTAIN LOCK AND SECURITY SUPPLY CO.
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and Intermountain Lock and Security Supply
Co., a Utah corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On November 25, 2024, Paradise Valley Unified School District, a member of the 1GPA National
Purchasing Cooperative, entered into a contract with Contractor to purchase the goods and services
described in Locks, Door Hardware, Related Parts and Services Contract No. 25-08PV-04
(“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement
allows its cooperative use by other governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Finance Director to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Finance Director may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was November 25, 2024, until the date the contract terminates
on November 24, 2025, unless the term is extended by mutual agreement of the parties to
the Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond November 24, 2029. The initial period of this Agreement is the period from the
Effective Date of this Agreement until November 24, 2025.
B.
The City may extend the term of this Agreement for a maximum of forty-eight (48) months
in twelve (12) month increments if the Cooperative Agreement is likewise extended and the
City gives the Contractor notice that it is exercising its option to extend this Agreement 30
days prior to the anniversary of the Effective Date. Glendale extensions are not automatic
and shall only occur if the City affirmatively exercises its right to extend this Agreement.
2
01/28/2025
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed three million dollars ($3,000,000) for the entire term of the Agreement
(initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
INTERMOUNTAIN LOCK AND SECURITY SUPPLY CO.ETICO
EXHIBIT A
1 GPA NATIONAL PURCHASING COOPERATIVE LOCKS, DOOR HARDWARE,
RELATED PARTS AND SERVICES CONTRACT NO. 25-08PV-04
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
INTERMOUNTAIN LOCK AND SECURITY SUPPLY CO.
EXHIBIT B
Scope of Work
The scope of work includes an extensive array of Medeco mechanical and electromechanical locking
hardware, door hardware products and services including installation and repair. However, products such
as video surveillance systems are not included in this solicitation.
Medeco Locks and Door Hardware
May include, but not limited to:
Cam Locks, Closers and Operators, Deadbolts, Door Stops and Holders, Electric Strikes
Electronic Access Control Systems, Exit Devices, Handles, Knobs and Cores, Hinges
Key Blanks, Fobs and Cards, Keypads and Card Readers, Knob and Lever Locks, Lite Kits
Padlocks, Overhead Door Hardware, Replacement/Maintenance Parts and Supplies
Smart Locks (connected via Wi-Fi/Bluetooth) Tracks and Rollers
Installation Service
Contractor shall adhere to all Federal, State, County and Municipal government regulations, rules,
ordinances, and industry standards set by the applicable trade association. At minimum, Contractor shall
comply with ADA, ANSI, BHMA, and UL codes and regulations.
Contractor is responsible for all costs associated with completing the services listed herein and is to include
all operating and overhead costs.
Provide door and frame inspection, as necessary to ensure proper installation.
Contractor shall adhere to all manufacturer recommendations to not void any applicable warranties.
Contractor may provide necessary low voltage electrical wiring as required for installation.
Adhere to the scope of work provided by the Member prior to the start of any project. Any change orders
to a project must be approved by the Member prior to any work performed, otherwise the Contractor runs
the risk o incurring these additional costs without payment.
Technicians and/or locksmiths shall have he expertise to install and service various locks and door hardware.
Removal of existing equipment and door preparation may be included.
Conduct testing of all installed and repaired components, as necessary to ensure functionality and quality
assurance.
Other
Other related products and services that fit the scope of work for this solicitation but are not specifically
mentioned herein may be offered..
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
INTERMOUNTAIN LOCK AND SECURITY SUPPLY CO.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is in accordance with section 3 of this agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $3,000,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
City shall pay contractor in accordance with the rates as set forth in the 1 GPA National Purchasing
Cooperative Contract No. 25-08PV-04 for electrical and lighting supplies Citywide on an as-needed basis.
Paradise Valley
Unified School District
NATIONAL PURCHASING COOPERATIVE
DETERMINATION: MULTIPLE AWARD
Locks, Door Hardware, Related Parts and Services
Request for Proposal# 25-08PV
In accordance with the requirements of A.A.C. R7-2-1050, a multiple award is necessary, advantageous, and
is in the best interest of the 1GPA Members.
The basis for determining whether to award a multiple contract, as stated in the RFP, is based upon
consideration for Members' experience with existing products and systems, brand continuity for parts
replacement and future expansion, contractor's ability to provide for a large diverse Membership,
geographic areas served. The awards will be limited to the least number of Offerors that 1GPA determines
is necessary to meet the needs of its Members. The actual use of any contract will be at the sole discretion
of 1GPA Members.
The contract will include an extensive array of mechanical and electromechanical locking hardware, door
hardware and services including installation maintenance and repair.
Recommended for Award (alpha order):
C & I SHOW
HARDWARE AND
SECURITY SYSTEMS
INC.
CBG MIDWEST LLC
dba LANMOR
SERVICES
C&I Show Hardware and Security Systems, Inc. provides both products and
services for Members located in Arizona. Established in 1985, they bring extensive
expertise in locks, master key systems, doors, door hardware, and card access
solutions. They are an authorized keying center for Schlage and Best as well as an
authorized manufacturer service center for Allegion, Dorma Kaba/Best,
Vanderbilt, Honeywell Prowatch and Hanwha. C & I Show Hardware and Security
Systems Inc. ranked first overall. The firm is in good standing with the Arizona
Corporation Commission, maintains active commercial licenses with the Arizona
Registrar of Contractors, and has no active exclusion through the System for
Award Management.
Since 2000, Lanmor Services is a full-service integrator of security solutions
across Arizona, California, Nevada, and New Mexico. They specialize in products
and services for new construction and remodel projects, perimeter security and
access control and door automation. Lanmor also offers service and maintenance
agreements to assist Members in keeping their security products up to code and
properly functioning. Providing 57% of all available manufacturer discounts,
Lanmor services ranked second for overall cost. The firm is in good standing with
the Arizona Corporation Commission, maintains active commercial licenses with
the Arizona Registrar of Contractors, and has no active exclusion through· the
System for Award Management.
1GPA 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 www.1GPA.org
The following is a Cooperative Solicitation, released via Paradise Valley Unified School District as the lead agency for
1GPA:
Request for Proposal #25-08PV
Locks, Door Hardware, Related Parts and Services
Proposal Due Date and Time:
September 19, 2024 at 1:00 PM MST Arizona Time
RFP Opening Location:
Opening will be held publicly online through Zoom. Use the following link to join
the conference from PC or Mac: https://us06web.zoom.us/j/5178216730
Call by Phone +1.253.205.0468 (US)
Find your local number: https://us06web.zoom.us/u/kecdGSaO1T
Meeting ID: 517 821 6730
Electronic Submittals:
OpenGov Procurement – https://procurement.opengov.com/portal/1gpa
See enclosed submittal instructions.
Last Day for Questions:
September 10, 2024
Pre-Proposal Conference:
None
In accordance with the Arizona procurement code and rules, Competitive Sealed Proposals for the materials or services
specified will be received electronically by the 1GPA/Lead Agency, via OpenGov Procurement, until the time and date
cited. Proposals received by the correct time and date shall be opened, via OpenGov Procurement, and the name of
each Offeror will be publicly read at the location indicated above. All other information contained in the Proposal shall
remain confidential until award is made. Late proposals shall not be considered.
To be considered, proposals shall be submitted electronically through OpenGov Procurement using the link listed
above. Submittal instructions for OpenGov Procurement and additional instructions for preparing a proposal are
provided herein. Offerors are strongly encouraged to read the entire solicitation document carefully.
Questions regarding this Request for Proposal should be submitted via OpenGov Procurement through the same link
listed above. To receive notification when answers are posted on OpenGov Procurement, click the “Follow” button.
For further assistance, contact Jen Stam at jstam@1gpa.org (phone 480-809-1499).
Christy Knorr, President
Eva Calles, Director of Purchasing
1GPA
Paradise Valley Unified School District (PVSchools)
Date Issued:
August 15, 2024
1GPA
25-08PV Locks, Door Hardware and Related Parts and Services
Page 2 of 31
TABLE OF CONTENTS
Introduction ................................................................................................................................................. Page 3
Scope of Work ............................................................................................................................................ Page 4
Evaluation Criteria ...................................................................................................................................... Page 6
Submittal Requirements & Proposal Format .............................................................................................. Page 7
Special Terms and Conditions .................................................................................................................. Page 10
Uniform Instructions to Offerors ................................................................................................................ Page 16
Uniform Terms and Conditions ................................................................................................................. Page 21
Documents Referenced ............................................................................................................................ Page 29
Definition of Terms.................................................................................................................................... Page 30
Exhibit A – OpenGov Submittal Instructions ............................................................................................ Page 31
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 3 of 31
INTRODUCTION
Who are we?
1GPA/1Government Procurement Alliance is a non-profit national governmental purchasing cooperative that allows public
agencies to take advantage of existing contracts to purchase the goods and services they need from local and national
vendors.
Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties,
states, local governments, federal government, Native American communities, fire districts, and any other political
subdivision.
What do we do?
We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members
through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and
awarded in compliance with state statutes, procurement laws and regulations.
Contracts are approved and awarded by 1GPA’s lead governmental entities and are only available for use and benefit of all
entities complying with state procurement laws and regulations.
Why are we preferred?
The Cooperative’s pooled purchasing power means public and private schools, cities, counties and state agencies, non-
profits, as well as colleges, universities and Native American communities can save actual budget dollars on our contracts
utilizing best business practices.
Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members
receive quality products and services at the best price.
We service our members by providing in-house knowledge of public procurement practices in conjunction with quality
business practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12
months for our members on their own.
We pride our firm on our commitment to compliance, innovation, and collaboration.
As a government purchasing cooperative, 1GPA offers its Members access to a broad range of vendors whose
goods and services have been competitively procured by 1GPA, in coordination with its governmental lead
agencies. When conducting competitive solicitations, 1GPA takes all steps necessary to comply with federal, state
and local procurement laws applicable to both the Lead Agency identified in the solicitation, as well as to
1GPA. Each Member must make its own independent determination as to (1) whether the Member may, under laws
applicable to the Member, lawfully purchase particular goods or services through purchasing cooperatives, and (2)
whether the Member must comply with any additional procedures required under laws applicable to the Member
prior to completing a cooperative purchase. 1GPA makes no representations or warranties to its Members, or to
any vendors, regarding such matters.
SCOPE OF WORK
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 4 of 31
1.
PURPOSE:
This Request for Proposal (RFP) aims to establish a contract with the most advantageous and qualified contractor(s)
that provide a full range of locks, door hardware and related parts and services as outlined in this solicitation for 1GPA
Cooperative Members (Members) as needed.
2.
BACKGROUND:
1GPA is a non-profit national cooperative that empowers public agencies and non-profits to access competitively
procured contracts for a wide range of goods and services. By leveraging pooled purchasing power, 1GPA ensures its
members—including schools, government entities, and Native American communities—receive high-quality products
and services at the best prices, all while simplifying complex procurement processes and ensuring compliance with
state regulations.
Paradise Valley Unified School District (PVSchools) is one of the largest employers in the north valley with
approximately 3,700 employees. The current student population is approximately 26,000. PVSchools has 28
elementary schools; one K-8 school; seven middle schools; five high schools; two alternative schools; two online-
based schools; one dedicated preschool; and 25 additional school-based preschool locations; and seven
administrative support sites. PVSchools covers approximately 100-square miles of northeast Phoenix and north
Scottsdale in an area bounded by 7th Avenue and Pima Road, and Northern Avenue and Jomax Road. The items
and/or services listed under this Scope of Work may or may not apply to the specific needs of PVSchools.
The resulting contract from this solicitation will replace contract #19-18PV Locks, Door Hardware, Related Parts and
Services upon its final expiration on November 25, 2024.
3.
SCOPE OF WORK
The scope of work for this solicitation includes an extensive array of mechanical and electromechanical locking
hardware, door hardware and services including installation and repair. However, products such as video
surveillance systems are not included in this solicitation. Offerors are encouraged to submit proposals on single
or multiple categories and/or for single or multiple regions.
3.1
LOCKS AND DOOR HARDWARE may include, but are not limited to:
Cam Locks
Closers and Operators
Deadbolts
Door Stops and Holders
Electric Strikes
Electronic Access Control Systems
Exit Devices
Handles and Knobs
Hinges
Key Blanks, Fobs and Cards
Keypads and Card Readers
Knob and Lever Locks
Lite Kits
Padlocks
Overhead Door Hardware
Replacement/Maintenance Parts and Supplies
Smart Locks (connected via Wi-Fi/Bluetooth)
Tracks and Rollers
3.2
INSTALLATION AND SERVICE
3.2.1
Contractor shall adhere to all Federal, State, County and Municipal government regulations, rules,
ordinances, and industry standards set by the applicable trade association. At minimum, Contractor
shall comply with ADA, ANSI, BHMA and UL codes and regulations.
3.2.2
Contractor is responsible for all costs associated with completing the services listed herein and is to
include all operating and overhead costs.
SCOPE OF WORK
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 5 of 31
3.2.3
Provide door and frame inspection, as necessary to ensure proper installation.
3.2.4
Contractor shall adhere to all manufacturer recommendations to not void any applicable warranties.
3.2.5
Contractor may provide necessary low voltage electrical wiring as required for installation.
3.2.6
Adhere to the scope of work provided by the Member prior to the start of any project. Any change
orders to a project must be approved by the Member prior to any work performed, otherwise the
Contractor runs the risk of incurring these additional costs without payment.
3.2.7
Technicians and/or locksmiths shall have the expertise to install and service various locks and door
hardware. Removal of existing equipment and door preparation may be included.
3.2.8
Conduct testing of all installed and repaired components, as necessary to ensure functionality and
quality assurance.
3.3
OTHER
Other related products and services that fit the scope of work for this solicitation but are not specifically
mentioned herein may be offered.
EVALUATION CRITERIA
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 6 of 31
Representatives of 1GPA will evaluate the proposals and rank them from the one most likely to the one least likely to meet
the needs of 1GPA and its Members and satisfy the requirements of the RFP. 1GPA may call for interviews to clarify
information received in the proposal. In addition to interviews, or if the proposals are very closely ranked, 1GPA reserves the
option to enter into discussion on pricing and/or other portions of the proposal and may request Best and Final offers if it is
determined to be in 1GPA 's own best interest. However, offering firms are cautioned that 1GPA may proceed with an award
on the basis of information received in the original proposal and subsequent interviews (if held) without calling for additional
discussions or Best and Final offers.
Evaluation of the proposal will be based on the following criteria. Specific weighting shall be used. The following criteria are
listed in order of greatest importance:
A. Cost (300 points possible) – Overall pricing offered across the country will be considered.
B. Overall Products and Services Offered (275 points possible) – The overall strategy, range of products, ability
to fulfill 1GPA Member requirements, warranty offered, return policy and delivery of quality products and services.
C. Experience, Expertise and Qualifications (250 points possible) – Experience, expertise and qualifications of
the firm and key personnel in providing required services. Previous experience with similar or like services as
outlined in this RFP is also considered.
D. Value Added Services and Marketing Plan (125 points possible) – Other related products or services that
add value to the 1GPA Members utilizing the contract offered at little or no cost, the ability to serve a national
member base and the Offeror’s marketing plan.
E. Responsiveness (50 points possible) – Overall responsiveness of the proposal and providing the required
information at time of RFP submittal. The ability of the firm to accept the terms and conditions of this solicitation
that will become the governing document of this contract will be considered.
SUBMITTAL REQUIREMENTS & PROPOSAL FORMAT
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 7 of 31
ELECTRONIC SUBMITTAL REQUIRED – An electronic submission is required. The electronic submission is to be
uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found in Exhibit A
at the end of this document.
Proposals will be time-stamped when received by OpenGov Procurement. Proposals will be accepted until the due date
and time specified in this solicitation. Proposals received after this deadline will be rejected and will not be considered.
Offeror assumes the risk of any delay in their submission. 1GPA strongly recommends starting the upload process and
finalizing your submission at least one day before the bid due date and time.
PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS – Each proposal should be submitted using the forms and
in the format specified. 1GPA will not provide any reimbursement for the cost of developing or presenting proposals in
response to this solicitation. Complete each section on the OpenGov Procurement platform. Items marked with an
asterisk require a response. Failure to include the requested information may have a negative impact on the evaluation
of the offeror’s proposal.
VENDOR SUBMISSIONS
THROUGH OPENGOV PROCUREMENT
Below is an overview of the information that will be required as part of the Bidder’s submittal through the OpenGov
Procurement online portal. The information below is intended to be a guide for the preparation of the submittal. In the
event there is a conflict between this section and the OpenGov Procurement online portal, the online portal prevails.
Download, complete, and upload any required forms, upload required information, and submit responses in the Vendor
Submission section of the Project on the online portal.
OPENGOV PART 1 - PROPOSAL
1.1
Confirm you have read through and met all of the proposal requirements.
1.2
Confirm your firm’s understanding of the cooperative purchasing program and willingness to comply with the contract
administration requirements.
1.3
Upload a complete proposal (without cost). The proposal shall be prepared to include at least the following
information in the sequence outlined below:
COMPLETE PROPOSAL:
SECTION 1 – GENERAL INFORMATION
1A
Provide the name, title, email address and phone number of the person 1GPA should contract with questions
regarding the proposal.
1B
Provide a statement confirming the firm’s complete understanding of the requirements of this solicitation and
the ability of the firm to comply with all terms and conditions of the resultant contract.
SECTION 2 – OVERALL PRODUCTS AND SERVICES OFFERED
2A
Identify which products and services are offered by your firm as described in the Scope of Work on pages 4-5
of this RFP and describe your firm’s capabilities in detail.
2B
Identify any additional products and/or services your firm offers that are related to the items but are not
specifically mentioned in the Scope of Work.
2C
Provide a detailed statement of warranty for the products and/or services (labor and workmanship) your firm
provides.
SUBMITTAL REQUIREMENTS & PROPOSAL FORMAT
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 8 of 31
2D
Describe your firm’s product return policy. Include information regarding wrong or defective products,
restocking fees, etc.
2E
Define normal business hours and non-business hours (emergencies and after-hours) for services provided
by your firm and response times to routine and emergency service calls.
2F
Provide the number, size and location of your firm’s central offices, distribution facilities, warehouses and retail
locations, and the number of technicians and/or locksmiths on staff, as applicable.
2G
Provide information regarding any online ordering system your firm offers. Include search functionalities, ability
to display contract pricing, ability to identify alternate products, side-by-side product comparisons, on-line
ordering, download features, order tracking, access to order history, etc.
2H
Describe your firm’s process for identifying backorders or out of stock items and the options available.
2I
Provide information on the shipping and handling process (USPS, UPS, FedEx, firm’s own trucks, etc.).
2J
Describe how your firm handles installation and services and ensures product functionality and quality
assurance upon project completion.
2K
Provide information on Member training, on-going technical support, helpdesk features and on-line resources.
SECTION 3 – EXPERIENCE, EXPERTISE AND QUALIFICATIONS
3A
Provide a statement of your firm’s history and qualifications in providing products and services as referenced
in the scope of work for this solicitation.
3B
Provide copies or a listing of current licenses and certifications held by the firm and/or key personnel.
3C
Provide detailed information on the key personnel’s expertise in servicing and supporting this contract including
their experience, education and/or training, years of service in the industry, any awards or recognitions
received and roles of individuals.
3D
Provide three project references – include the client’s name, representative’s name, phone number, email
address and a brief description of the project.
SECTION 4 – VALUE ADDED SERVICES AND MARKETING PLAN
4A
Identify any other value-added services your firm will offer 1GPA Members. Value-added services are those
your firm will offer at little or no cost that support your firm’s primary business and are aligned with the scope
of this contract.
4B
Confirm your firm’s understanding of the Cooperative Purchasing Program and how you will comply with the
contract administration requirements of 1GPA.
4C
Describe the process for volume tracking and reporting to 1GPA. See Uniform Terms and Conditions
paragraph 3-Contract Administration and Operation, items G through J for more information.
4D
Describe your firm’s strategy to successfully market, promote and communicate the benefits of this contract to
current and potential 1GPA Members nationwide.
SUBMITTAL REQUIREMENTS & PROPOSAL FORMAT
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 9 of 31
OPENGOV PART 2 - COST
As outlined in this solicitation, the resultant contract may be used by eligible 1GPA Members across the US. Although this
solicitation does not contain detailed specifications for any specific Member, 1GPA requests pricing that is applicable to all
related products and services offered by your firm. Members should be able to easily verify that they are receiving the
contract pricing when comparing the vendor’s current pricing file to the quote for their particular project.
2.1
Confirm your firm’s understanding that 1GPA’s 1% administration fee shall be included in the net price. Contractor
shall not add the administration fee to approved contract prices.
2.2
FORM: Discount Schedule – Complete the Excel document in OpenGov Procurement for this project.
2.3
You will be asked to upload the current price lists in PDF format for the manufacturers listed on the Discount Schedule
Form if a link to their pricing or catalog has not already been provided.
2.4
FORM: Service Rates and Additional Fees – Complete the Excel document in OpenGov Procurement for this project.
Indicate all pricing information for all services, labor and any other fees as outlined in the firm’s proposal.
2.5
FORM: Regional Pricing – Complete the Excel document in OpenGov Procurement for this project. Indicate all
regions that your firm is able to provide products and/or services to if awarded a contract.
2.6
Additional Information – Cost: Upload any additional pricing information you wish to submit with your firm’s cost
proposal.
OPENGOV PART 3 - FORMS
3.1
Other forms (as referenced below) under this solicitation are located on the OpenGov Procurement portal. Follow
the prompts to download the forms and upload the completed forms as part of your firm’s submittal.
Offeror’s Proposal & Contract Acceptance Form
Confidential Proprietary Submittal Form
Non-Collusion Affidavit Form
MWBE and HUB Form
Debarment Certification Form
2CFR Section 200 Certification Form
Financial Questionnaire – (Held Confidential)
Certificate of Insurance Form
IRS W-9 Form
Vendor Information Form
OPENGOV PART 4 - OTHER
The information provided in this section will only be used for Offerors that receive an award/contract. Responses in this
section do not guarantee or place Offeror on an approved list of any kind.
4.1
Company Logo – Upload a company logo in either a .jpg or .eps format
4.2 Firm Introduction – Provide a one or two sentence summary of the company for 1GPA’s website and exclusive
Member Portal. This brief introduction will help Members quickly understand the company's services and products.
4.3 Optional Video – Offeror may upload a short (two minutes or less) introductory video
SPECIAL TERMS AND CONDITIONS
1GPA
25-08PV Locks, Door Hardware, Related Parts and Services
Page 10 of 31
1.
TERM OF CONTRACT: It is 1GPA’s intent to award a multi-term contract. The initial term of the resultant contract
shall start on November 25, 2024 and shall continue for a period of one (1) year thereafter, unless terminated, cancelled
or extended as otherwise provided herein.
2.
CONTRACT EXTENSION: 1GPA reserves the right to unilaterally extend the period of any resultant contract month
to month beyond the stated expiration date if that is determined to be in the best interests of Members. In addition, by
mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-
eight (48) months in twelve (12) month increments.
3.
RENEWAL OF CONTRACT: Conditions for renewal of the contract shall include, but are not limited to: contract usage,
satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory
services, continued adherence to the contract requirements, and continued competitive prices for the materials and
services provided under the contract.
4.
CONTRACT TYPE: The term contract shall be a percent of discount off manufacturer’s price list or catalog, or fixed
price, or a combination of both with indefinite quantities.
5.
FORM OF CONTRACT: The form of contract for this Solicitation shall be the Request for Proposal, the awarded
Proposal(s) and Best and Final Offer(s), and properly issued purchase orders incorporating each member’s specific
policies and P.O. terms and conditions referencing the requirements of the Request for Proposals. If a firm submitting
a Proposal requires 1GPA to sign an additional agreement to form a contract, a copy of the proposed vendor agreement
must be included with the Proposal. In the event of a conflict in the provisions of this Solicitation and any subsequent
vendor agreement, the terms and conditions of this solicitation shall prevail.
6.
SUPPLEMENTAL AGREEMENTS: The 1GPA Member and Contractor may enter into a separate supplemental
agreement to further define the level of service requirements over and above the minimum defined in this Solicitation
such as invoice requirements, on campus service specifics, etc. Any supplemental agreement developed as a result of
this Solicitation is exclusively between the Member and Contractor and may not materially change any of the terms and
conditions contained herein. 1GPA, its agents, members and employees shall not be made party to any claim for breach
of such agreement. Any supplemental agreement between the Member and Contractor is exclusively between the
Member and the Contractor and will be subject to immediate cancellation by the Member (without penalty) if, in the
opinion of the Member, the quality, service and specification requirements and/or the terms and conditions are not
maintained as stated in the supplemental agreement.
7.
PROPOSAL ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, 1GPA requires a Proposal in
response to this Solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
8.
RESPONSE FORMAT: All Proposal responses are to be in the same form as this Request for Proposal. Address
each requirement in the same order as has been requested.
9.
ELECTRONIC SUBMITTAL - REQUIRED: An electronic submission is required. The electronic submission is to be
uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the
last page of this document under Exhibit A.
10. TIME STAMP: Proposals will be time stamped when received by OpenGov Procurement. Proposals will be accepted
up to but no later than the time indicated in the Request for Proposal (RFP). Proposals received after the time stated
in the RFP will not be considered and will remain unopened. Offeror assumes the risk of any delay in their submission.
1GPA strongly recommends that you give yourself sufficient time and at least ONE (1) day before Proposal Due Date
and Time to begin the uploading process and to finalize your submission.
SPECIAL TERMS AND CONDITIONS
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11. AWARD: Award(s) will be made to the responsive and responsible Offeror(s) whose Proposal(s) is (are) determined
in writing to be most advantageous to 1GPA for its Members based on the factors set forth in the Request for Proposals.
No other factors or criteria may be used in the evaluation. The amount of any applicable transaction privilege or use
tax of a political subdivision of this state is not a factor in determining the most advantageous proposal. The procurement
file shall contain the basis on which the award is made.
12. DISCUSSIONS: In accordance with AAC R7-2-1047, after the initial receipt of Proposals, 1GPA reserves the option
to conduct discussions with those Offerors who submit Proposals determined by 1GPA to be reasonably susceptible
of being selected for award. Discussions may be conducted to assure full understanding of the Proposal in order to
obtain the most advantageous contract for 1GPA Members.
13. BEST AND FINAL OFFERS: If discussions are conducted pursuant to AAC R7-2-1047, 1GPA shall issue a written
request for Best and Final Offers pursuant to AAC R7-2-1048. If Offerors do not submit a notice of withdrawal or a Best
and Final Offer, the immediate previous offer will be construed as the Best and Final Offer.
14. MULTIPLE AWARDS: 1GPA has a large number and variety of potential using districts and agencies at locations
throughout the United States. In order to assure that any ensuing contracts will allow 1GPA to fulfill current and future
requirements; 1GPA reserves the right to award contracts to multiple vendors. Such decision will be based upon
consideration for Members’ experience with existing products and systems, brand continuity for parts replacement and
future expansion, contractor’s ability to provide for a large diverse Membership, geographic areas served. The actual
use of any contract will be at the sole discretion of 1GPA members. Contracts will be awarded, as applicable, by
individual line item, groups of line items, or categories, incrementally, by region, or by location. The awards will be
limited to the least number of Offerors that 1GPA determines is necessary to meet the needs of the 1GPA Members.
Offeror should consider the fact that 1GPA may award multiple contracts in preparing their response. The decision to
award multiple contracts, award only one contract, or make no awards rests solely with 1GPA. Offerors are not required
to propose all items specified in this Request for Proposal. Partial offers will be considered.
15. ADMINISTRATION FEE: 1GPA’s .01 (1%) administration fee shall be included in offeror’s net price. Contractor shall
not add the administration fee to approved contract prices.
16. PRICING: Contract pricing must be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s)
2) Firm fixed price
3) A combination of the above
17. COMBINATION PRICING: Offers for combination contracts shall clearly identify items covered by discount(s) and
those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.
18. DISCOUNTS: Discounts offered must clearly identify the minimum percentage of discount to apply to either a
manufacturer’s published price list, vendor published catalog or advertised price list, for contract purchase as
applicable. If multiple discounts apply, offeror shall clearly indicate the discounts and applicable materials, services or
categories. There will be no reduction discount(s) during the life of the contract.
19. PRICE STRUCTURES: Contractors are responsible for providing copies of or access to current product prices.
List Price/Catalogs: Pricing can be provided via an MSRP, a manufacturer’s list price, a vendor’s catalog or price list,
etc. Contractors shall continuously monitor and provide price updates when available.
SPECIAL TERMS AND CONDITIONS
1GPA
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Verifiable Price Index: A 24/7 publicly available and verifiable price schedule can be provided. This dynamic pricing
structure is updated automatically as the advertised price updates to market conditions and competitive benchmarking.
This ensures that Members receive savings as the Contractor recognizes them.
20. PRICE ADJUSTMENT FOR DISCOUNT PRICING: Revised published price lists and/or catalogs may be submitted
for review throughout the contract term. 1GPA shall determine whether the requested revised pricing or an alternate
option is in the best interest of its Members. Revised published price lists and/or catalogs will not become effective until
approved by 1GPA.
21. PRICE ADJUSTMENT FOR FIXED PRICING: Fixed price offers may include prices for any and all items proposed
under the contract. Fixed prices shall be firm until each anniversary date of the contract, unless there is an
occurrence of one or more allowable economic price adjustment contingencies approved by 1GPA. If allowable price
adjustment contingencies occur, the Contractor may submit a fully documented request for price adjustment to 1GPA.
The document must substantiate that any requested price increase was clearly unpredictable at the time of proposal
submittal and resulted from an increased cost to the Contractor that was out of the Contractor’s control.
22. PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall
become effective upon notice.
23. VOLUME DISCOUNTS: The Contractor may offer volume discounts at any time during the Contract such that the price
is at or below the percent off list price within the Contract given that the price reduction is available to all Customers
allowed to purchase under the Contract.
24. NEW PRODUCT: New products/services may be added during the term of the contract upon written request providing
it is within the original scope of this RFP. All requests are subject to review and approval by 1GPA.
25. QUANTITIES: 1GPA estimates considerable activity resulting from this award. Based on historical data from previous
contracts as well as member surveys, 1GPA estimates usage of this contract to be $500,000 to $1 Million annually. A
current list of 1GPA Members may be found in the attachment section for this project in OpenGov. 1GPA makes no
guarantee or commitment of any kind concerning quantities that will actually be purchased. 1GPA makes no guarantee
or commitment of any kind regarding usage of any contracts resulting from this Solicitation.
26. MEMBERSHIP VERIFICATION: Contractor will need to verify the entity is a Member by checking the membership list
before accepting Purchase Orders. If the entity is not on the membership list, the Contractor shall advise the entity to
reach out to 1GPA to complete the membership process.
27. SHIPPING TERMS: Prices shall be F.O.B. Destination Freight Prepaid and Allowed or F.O.B. Destination Freight
Prepaid and Added to Member’s location. Contractor shall retain title and control of all goods until they are delivered
and the contract of coverage has been completed. All risk of transportation and all related charges shall be the
responsibility of the contractor. All claims for visible or concealed damage shall be filed by the contractor. 1GPA
Members will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for
inspection.
28. DELIVERY: Unless otherwise agreed upon between Offeror and a Member, delivery is desired within thirty (30) days
of receipt of purchase order. Any outstanding items delivered after this date may be canceled and deleted from the
purchase order. Offeror shall be responsible for delivery of items in good condition at point of destination and return of
all items that do not meet specifications. Offeror shall file with carrier all claims for breakage, imperfections and losses,
which will be deducted from invoices.
SPECIAL TERMS AND CONDITIONS
1GPA
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29. INSTALLATION AND TRAINING: Proposed price for initial installation must include complete installation along with
any necessary supplies for the initial start-up. The Contractor shall train designated Member personnel on the proper
use and care of equipment supplied immediately after delivery and installation of the equipment.
30. PROTECTION OF MEMBERS: The Offeror shall protect all furnishings from damage and shall protect the Member's
property from damage or loss arising in connection with this contract. He shall make good any such damage, injury or
loss caused by his operations, or those of his employees, to the satisfaction of the Member. The Offeror shall confine
his equipment, storage of materials and the operation of his workmen to the limits as indicated by the Unit Foreman in
the area in which the work is being performed. Any damage caused to Member’s facilities, lawns, etc., shall be repaired
immediately or replaced at no expense to the Member.
The Contractor shall take all necessary precautions for the safety of students, employees and the public, and shall
comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully responsible
to the Member for the acts and omissions of any and all persons whether directly or indirectly employed by him. He
shall maintain such insurance as will protect him and the Member from claims or damage for personal injury, including
death, which may arise from operations under this contract.
31. TRAVEL EXPENSE REIMBURSEMENT: Vendor shall be responsible for travel arrangements and expenses. Travel
expenses may be billed for certain in-state and out-of-state travel expenses on a case-by-case basis. Vendor shall
seek Member approval before billing for any in-state or out-of-state travel expenses. If approved by the Member, in-
state and out-of-state travel expenses shall be reimbursed in accordance with the Member’s state travel policy. The
travel policy may be accessed via the internet at the US General Services Administration’s website:
https://www.gsa.gov/travel/plan-book/per-diem-rates.
32. BRAND NAMES: Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications
are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference
is not intended to limit or restrict a Proposal by any vendor but is only enumerated in order to advise potential offerors
of the requirements of 1GPA. Any Proposal which proposes like quality, design or performance will be considered.
33. NEW EQUIPMENT: All equipment supplied pursuant to this specification shall be new, unused, and the most current
model available at time of order.
34. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing
production and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.
35. DEFECTIVE PRODUCTS: All defective products shall be replaced and exchanged by the Contractor. The cost of
transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor.
36. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other
important notification affecting equipment or product purchased from this contract, a notice shall be sent to the Contract
Administrator with 1GPA and the Member. It shall be the responsibility of the contractor to assure that all recall notices
are sent directly to the agency Member Representative.
37. SAFETY STANDARDS: All items supplied on this contract must comply with the current applicable occupational safety
and health standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire
Protection Association Standards.
38. RESPONSIBILITY OF OFFERORS: Factors to be considered in determining if a Offeror is responsible may include:
A.
The Offeror’s financial, material, personnel and other resources, including subcontractors;
B.
The Offeror’s record of performance and integrity.
C.
Whether the Offeror has been debarred or suspended;
D.
Whether the Offeror is qualified legally to contract with a public entity; and
E.
Whether the Offeror supplied all necessary information concerning its responsibility.
SPECIAL TERMS AND CONDITIONS
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39. LICENSES AND CERTIFICATIONS: Contractor shall maintain in current status all federal, state and local licenses
and certifications required by the operation of the business conducted by the contractor.
40. COMPLIANCE WITH CODES AND REGULATIONS: Contractor shall perform all work and services in strict
compliance with all applicable state and local building codes, fire codes, safety regulations, zoning laws, and any other
relevant laws, ordinances, rules, and regulations.
41. INSPECTION: The job will have a final inspection and acceptance by 1GPA Member staff. Any discrepancies noted
during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon
completion of the Project.
42. DAMAGES: The Contractor shall be liable for any and all damage caused by him or his employees to the 1GPA
Member premises. The offeror shall hold and save 1GPA and Member free and harmless from liability of any nature
or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons.
43. CLEAN UP: Contractor, at all times, shall keep the premises free from the accumulation of waste materials or rubbish
caused by construction operations. Upon completion of the work, remove and dispose of all waste materials and
rubbish from and about the Project, as well as tools, construction equipment, debris of every nature resulting from
operations, machinery and surplus materials and return site back in a neat, orderly condition. If the Contractor fails to
clean up the work, the 1GPA Member may do so and the cost thereof shall be charged to the Contractor. Contractor
shall not utilize the Member’s dumpsters and trash receptacles without the Member’s permission.
44. WARRANTY: All items offered shall be covered by the manufacturer’s standard warranty.
45. BILLINGS: All billing notices shall identify the specific item(s) being billed. Items are to be identified by name,
model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting
from this solicitation.
46. INSURANCE: The Contractor at their sole expense, shall obtain and secure insurance policies for the full duration of
this contract, as well as throughout all applicable statutes of limitation and statutes of repose. Contractor shall carry
and maintain insurance policies with the minimum coverages noted below, as will fully protect Contractor, 1GPA and
its Members from any and all claims under any workers’ compensation statute or unemployment compensation laws,
and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made
by anyone, that may arise from work or other activities carried on, under, or facilitated by this Contract, either by
Contractor, its employees, or by anyone directly or indirectly engaged or employed by Contractor.
1GPA in no way represents that the insurance required is sufficient or adequate to protect the Contractors’ interest or
liabilities. 1GPA Members reserve the right to request higher limits or additional types of insurance and documentation
regarding the insurance provided. 1GPA Member reserves the right to reject any or all insurance companies with an
unacceptable financial rating.
Workers Compensation Insurance: meeting the requirements of the state where work is being performed, on all
Contractor’s employees carrying out the work involved in this contract.
Comprehensive General Liability Insurance: policy with a limit of not less than $1,000,000 per occurrence, $2,000,000
aggregate coverage, $2,000,000 products aggregate, and $5,000 medical expense (if required).
Employer’s Liability Insurance: policy with limit of not less than $1,000,000 each accident, $1,000,000 policy limits,
$1,000,000 each employee.
SPECIAL TERMS AND CONDITIONS
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Automobile Liability Insurance: policy with either a combined limit of at least $1,000,000 per occurrence for bodily injury
and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000
for property damage per occurrence. Coverage shall include all owned, hired, and non-owned motor vehicles used in
the performance of this contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, it is the responsibility of the Contractor to require and ensure
subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the Contractor.
Professional Liability Miscellaneous Errors & Omissions Insurance: policy to cover claims arising out of negligent acts,
errors or omissions of professional advice or other professional services with limits of not less than $1,000,000 per
occurrence.*
*Required for all professional services and consulting services contracts.
Physical Abuse, Sexual Misconduct and Sexual Molestation Liability: policy with coverage of $1,000,000 per injury.*
*Required for all contracts involving contact with student
Technology or Cyber Liability Insurance: policy with a minimum of $1,000,000 per claim and $2,000,000 aggregate.
Insurance shall include coverage for cloud computing and mobile devices, protection of private or confidential
information, network security and privacy, liability for system attacks, digital asset loss, denial or loss of service,
unauthorized access and use, as well as introduction, implantation or spread of malicious software code.*
*Required for all technology contracts
ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain the following
provisions:
•
The Contractor’s insurance coverage shall be primary insurance and noncontributory with respect to all other
available sources.
•
Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification
provisions of this Contract.
•
Additional Insured in favor of the certificate holder
•
Waiver of Subrogation in favor of the certificate holder
47. DATA, INFORMATION AND RECORDS SECURITY AND PRIVACY: Contractor agrees to comply with all applicable
laws and regulations regarding data, information and records security and privacy all of which are incorporation herein
by reference in their current forms and as amended at any future time. These include, but are not limited to, Arizona
Revised Statute (ARS) § 18-552 et seq – Notification of Security System Breaches; ARS § 44-7601 et seq – Discarding
and Disposing of Records Containing Personal Identifying Information; Family Educational Rights and Privacy Act
(FERPA); Protection of Pupil Rights Amendment (PPRA); Health insurance Portability and Accountability Act of 1996
(HIPPA) Privacy and Security Rules; Health Information Technology for Economic and Clinical Health (HITECH) Act;
Payment Card Industry Data Security Standards; applicable federal, state and local regulations relating to confidentiality
of student records; and any other federal and/or state law governing the privacy of personally identifiable information
48. EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee
must have an identification badge at all times in clear view, with picture ID and name of firm. Failure to follow the
Members requirements while on premise may result with the employee being escorted off property.
UNIFORM INSTRUCTIONS TO OFFERORS
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1.
Inquiries
A. Duty to Examine – It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing, and check
its Proposal for accuracy before submitting the Proposal. Lack of care in preparing a Proposal shall not be grounds for withdrawing
the Proposal after the Proposal due date and time nor shall it give rise to any Contract claim.
B. 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 Solicitation contact person.
C. Submission of Inquiries – Questions or clarifications regarding this solicitation must be submitted in writing by the due date and
time specified on the cover page. Inquiries can be emailed or submitted through the OpenGov Procurement online portal.
Responses and amendments, if needed, will be issued by the end of the day following the question deadline. Offeror should not
rely on oral responses from any 1GPA employee or lead agency representative. For further assistance, contact the person listed
on the cover page of this solicitation.
D. Solicitation Amendments/Addenda – The Solicitation shall only be modified by a Solicitation Amendment or Addendum. 1GPA
will not be responsible for Offerors adjusting their proposal based on oral instructions by any member of 1GPA or lead agency
personnel.
E. Pre-Proposal Conference – If a Pre-Proposal Conference has been scheduled under this Solicitation, the date, time, and location
shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. An Offeror should raise any questions it may have
about the Solicitation or the procurement 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
written Solicitation Amendment or Addendum.
F.
Proposal Opening – Proposals shall be electronically submitted via OpenGov Procurement prior to the specified due date and
time. Proposals shall be opened immediately following the proposal due date and time, and at the place designated on the cover
page of this document, unless amended in writing by 1GPA. The name of each Offeror shall be read at this time. All Offers and
any modifications and other information received in response to the Request for Proposals shall be shown only to authorized
1GPA personnel having a legitimate interest in the evaluation. After contract award, the Proposals and evaluation document
shall be open for public inspection.
G. Time Stamp – Proposals will be time stamped when received by OpenGov Procurement. Proposals will be accepted up to but
no later than the time indicated in the Request for Proposal (RFP). Proposals received after the time stated in the RFP will not
be considered and will remain unopened. Offeror assumes the risk of any delay in their submission. 1GPA strongly recommends
that you give yourself sufficient time and at least ONE (1) day before Proposal Due Date and Time to begin the uploading process
and to finalize your submission.
H. Persons with Disabilities – Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time
to arrange the accommodation.
2.
Proposal Preparation
A. Forms – A Proposal shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any
substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the
form.
B. Typed or Ink Corrections – The Proposal should be typed or in ink. Erasures, interlineations or other modifications in the
Proposal should be initialed in ink by the person signing the Proposal. Modifications shall not be permitted after Proposals have
been opened except as otherwise provided under AAC R7-2-1030.
C. Signature(s) on Proposals – The Proposal and Contract Acceptance document should be submitted with an original ink
signature or electronic signature by the person authorized to sign the Proposal. Failure to sign the Proposal and Contract
Acceptance document may result in rejection of the Proposal.
UNIFORM INSTRUCTIONS TO OFFERORS
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D. Exceptions to Terms and Conditions – All exceptions included with the Proposal shall be submitted in a clearly identified
separate section of the Proposal 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 referenced by the Procurement Officer in a written statement. The Offeror’s preprinted or standard
terms will not be considered as a part of any resulting Contract. All exceptions that are contained in the Proposal may negatively
affect the solicitation evaluation based on the evaluation criteria as stated in the Solicitation or result in rejection of the Proposal.
No exceptions included in the Proposal shall become part of the resulting Contract unless agreed and accepted in writing by
1GPA.
E. Subcontracts – Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the
Proposal.
F.
Cost of Proposal Preparation – 1GPA will not reimburse any Offeror the cost of responding to a Solicitation.
G. Solicitation Amendments/Addenda – Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum
should be acknowledged by the person signing the Proposal. Failure to acknowledge a material Solicitation Amendment or
Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may result in rejection of
the Proposal.
H. Provision of Tax Identification Numbers – Offerors are required to provide their Federal Tax Identification number, if applicable,
in the space provided on the Proposal and Acceptance Form and provide the tax rate and amount, if applicable, on the Proposal
Cost Sheet.
I.
Taxes
1.
Federal Excise Tax – Arizona School Districts/Public Entities are exempt from certain Federal Excise Tax on manufactured
goods.
2.
Transaction Privilege Taxes – Arizona School Districts/Public Entities are subject to all applicable state and local
transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes.
3.
Property Taxes – Arizona School Districts/Public Entities do not pay state property taxes.
4.
Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member’s location if
separately stated on the invoice.
5.
Payment of Taxes – Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible for
collection such taxes and shall forward all taxes to the proper revenue office.
All Other States – Other states may have different tax requirements and laws. The tax laws in each state shall be followed by
the Contractor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which they are
conducting business.
J.
Disclosure – If the firm, business, or person submitting this Proposal 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 Proposal. The Offeror
shall include a letter with its Proposal setting forth the name and address of the governmental unit, the effective date of this
suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension
or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the
details enumerated above must be provided.
K. Solicitation Order of Precedence – In the event of a conflict in the provisions of this Solicitation and any subsequent contracts,
the following shall prevail in the order set forth below:
1.
Addenda/Amendments;
2.
Special Terms and Conditions;
3.
Uniform General Terms and Conditions;
4.
Scope of Work/Specifications;
5.
Attachments;
6.
Exhibits;
UNIFORM INSTRUCTIONS TO OFFERORS
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7.
Special Instructions
8.
Uniform Instructions to Offerors.
L.
Delivery – Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and
unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance with
the needs of the 1GPA Member. Products delivered must conform to the products listed under this contract and may not be
substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are defective.
3.
Submission of Proposal
A. Proposal Submission – Each Proposal shall be submitted electronically to OpenGov Procurement by the due date and time at
https://procurement.opengov.com/portal/1gpa. Submittal instructions for OpenGov Procurement can be found on the last page
of this document under Exhibit A. 1GPA will not consider an offer submitted by any other method other than OpenGov
Procurement.
B. Proposal Amendment or Withdrawal – An Offeror may modify or withdraw a Proposal in writing at any time before Proposal
opening if the modification or withdrawal is received before the Proposal due date and time designated in the Solicitation. A
Proposal may not be amended or withdrawn after the Proposal due date and time except as otherwise provided under AAC R7-
2-1044.
C. Public Record/Confidentiality – Under applicable law, all Proposals submitted and opened are public records and must be
retained by 1GPA. Proposals shall be open to public inspection after Contract award, except for such Proposals deemed to be
confidential by 1GPA pursuant to AAC R7-2-1006.
If Offeror believes that its proposal contains trade secrets or other proprietary data not be disclosed as otherwise required by
ARS § 39-121, a statement advising 1GPA of this fact shall accompany the Proposal, and the information shall be so identified
wherever it appears. Requests to deem the entire Proposal as confidential, contract terms and conditions, pricing, and information
generally available to the public are not considered confidential information under this Section.
D. Certification – By signing the Proposal and Acceptance form or other official contract form, the Offeror certifies that:
1.
The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor; the prices which
have been quoted have not been nor will not be disclosed directly or indirectly to any other Offeror or to any competitor; nor
attempt has been made or will be made to induce any person or firm to submit or not to submit, a Proposal for the purpose
of restricting competition. It did not engage in collusion or other anti-competitive practices in connection with the preparation
or submission of its Proposal and that the offeror has taken steps and exercised due diligence to ensure that no violation of
ARS § 15-213(O) has occurred; and
2.
It does not discriminate against any employee, 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 all applicable federal, state, and local laws and
executive orders regarding employment, including, Federal Executive Order 11246, Arizona State Executive Order 99-4,
2000-4, ARS § 41-1461 through 1465; and
3.
The Offeror warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and Nationality
Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to the immigration
status of its employees which requires compliance with Federal immigration laws by employers, contractors and
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and
4.
The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted
Proposal. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the
Proposal. Signing the Proposal with a false statement shall void the Proposal, any resulting contract and may be subject to
legal remedies provided by law; and
5.
By submission of this Proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or
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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; and
6.
By submission of this Proposal, that no Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of
a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a Cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan or cooperative
agreement; and
7.
In accordance with ARS § 35-392, the Offeror is in compliance and shall remain in compliance with the Export Administration
Act; and
8.
The Offeror warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of this
Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in ARS § 35-393 and Texas Gov’t
Code 2270.002; and
9.
The Offeror warrants that it shall comply with the fingerprinting requirements, unless otherwise exempted, in accordance with
ARS § 15-512; and
10. In accordance with ARS § 35-394, the Offeror is not currently and for the duration of the contract will not use the forced labor
of ethnic Uyghurs in the People's Republic of China including goods, services, contractors, subcontractors or suppliers
thereof.
4.
Additional Information
A. Unit Price Prevails – Where applicable, 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.
B. Taxes – The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a
factor in determining the most advantageous proposal.
C. Late Proposals, Modifications or Withdrawals – A Proposal, Modification or Withdrawal submitted after the exact Proposal
due date and time shall not be considered except under the circumstances set forth in AAC R7-2-1044.
D. Disqualification – The Proposal of an Offeror who is currently debarred, suspended or otherwise lawfully prohibited from any
public procurement activity may be rejected.
E. Proposal Acceptance Period – An Offeror submitting a Proposal under this Solicitation shall hold its Proposal open for the
number of days from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days
for the Proposal acceptance, the number of days shall be ninety (90).
F.
Payment – Payments shall comply with the requirements of ARS 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 within thirty (30) days.
G. Waiver and Rejection Rights – Notwithstanding any other provision of the solicitation, 1GPA reserves the right to:
1.
Waive any minor informality;
2.
Reject any and all Proposals or portions thereof; or
3.
Cancel the Solicitation.
5.
Award
A. Number or Types of Awards – Where applicable, the 1GPA reserves the right to make multiple awards or to award a Contract
by individual line item, by a group of line items, or categories, by an incremental award, by region, or by location, as indicated
within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Offerors that 1GPA
determines is necessary to meet the needs of its Members.
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B. Contract Inception – A Proposal 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 Proposal is accepted in writing by 1GPA and the Lead Agency with authorized
signatures on the Proposal and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute
acceptance of the Proposal.
C. Effective Date – The effective date of this Contract shall be the date that 1GPA and the Lead Agency signs the Proposal and
Acceptance form or other official contract form, unless another date is specifically stated in the Contract.
6.
Protests
A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule
AAC R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the 1GPA/Lead Agency Representative, Eva Calles,
Director of Purchasing.
A. Protest shall include:
1.
The name, addresses, and telephone number of the interested party;
2.
The signature of the interested party or the interested party's representative;
3.
Identification of the purchasing agency and the Solicitation or Contract number;
4.
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
5.
The form of relief requested.
B. The interested party shall supply any other information requested by the 1GPA/Lead Agency Representative within 10 days of
the request.
C. The interested party may file a written request with the 1GPA/Lead Agency Representative for an extension of the time limit for
providing additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit
set forth in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide
the additional information with the 10 days. The 1GPA/Lead Agency Representative shall approve or deny the request in writing,
state the reasons for the determination, and if an extension is granted, set forth a new date for submission of the filing.
D. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the
Solicitation, shall be filed before the due date and time for responses to the Solicitation.
E. In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after
1GPA/Lead Agency Representative makes the procurement file available for public inspection.
F.
The interested party may file a written request for an extension of the time limit for protest filing. The written request for an
extension shall be filed with the 1GPA/Lead Agency Representative before the expiration of the time limit and shall set forth good
cause as to the specific action or inaction of the 1GPA/Lead Agency Representative that resulted in the interested party being
unable to file the protest within the 10 days. The representative shall approve or deny the request in writing, state the reasons
for the determination, and, if an extension is granted, set forth a new date for submission of the filing.
UNIFORM TERMS AND CONDITIONS
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1.
Cooperative Purchasing
A. Cooperative Purchasing – This contract is based on the need for 1GPA to provide the economic benefits of volume purchasing
and reduction in administrative costs through cooperative purchasing to schools and other Members. Although contractors may
restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits sales from being
made to public school districts may not be considered. Sales without restriction to any members are preferred.
B. Cooperative Purchasing Agreements – Cooperative Purchasing Agreements between 1GPA and its Members have been
established under all procurement laws.
C. Cooperative Purchasing Contracts – Offeror agrees all prices, terms, warranties, and benefits granted by Offeror to Members
through this contract are comparable to or better than the equivalent terms offered by Offeror to any present customer meeting
the same qualifications or requirements.
Nothing in this solicitation is intended to establish a most favored customer relationship between 1GPA and contractor. Contractor
may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other customers, it
may lower its prices to 1GPA at the same time by written notice.
D. Non-Exclusive Contract – Any contract resulting from this Solicitation shall be awarded with the understanding and agreement
that it is for the sole convenience of 1GPA members. 1GPA and its membership reserve the right to obtain like goods and services
from other sources.
E. Lead Agency – A Lead Agency is a well-established and well respected government agency who facilitates the competitive
bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the award
of contracts resulting from each Solicitation. The Lead Agency for this RFP is Paradise Valley Unified School District.
2.
Contract Interpretation
A. Application of Law – The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where applicable,
the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona
Revised Statutes (ARS) § 15-213, and its implementing rules, Arizona Administrative Code (AAC) Title 7, Chapter 2, Articles 10
and 11.
For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each state in
which 1GPA is conducting business under this contract. It is the responsibility of the Contractor and member to ensure this
solicitation and ensuing contract complies with the State laws in which they are conducting business regarding use of a
cooperative contract.
B. 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.
C. Relationship of Parties – Vendors receiving contracts under this solicitation are independent contractors. Neither party to this
contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract.
D. Severability – The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall
not affect any other provision or application of the Contract.
E. No Parol 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.
F.
No Waiver – Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed
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
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A. Records – Under ARS § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to
retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five (5)
years after the completion of the Contract.
B. Audit – At reasonable times 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 1GPA or Member and, where applicable, the Federal Government, to the extent
that the books and records relate to the performance of the Contract or Subcontract.
C. Inspection and Testing – The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor’s
processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract.
1GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither
inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If 1GPA or Member
determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by 1GPA
or Member for testing and inspection.
D. Notices – Notices to the Contractor required by this Contract shall be made by 1GPA to the person indicated on the Proposal
and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA 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 notices shall be given by written notice and an Amendment to the Contract shall not be necessary.
E. Advertising and Promotion of Contract – Offeror shall not advertise or publish information concerning this solicitation prior to
an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services to
Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance.
F.
Administration Fee – 1GPA has an Administrative Fee of .01 (1%). The Administrative Fee shall be included in the offeror’s net
pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices post
award. The Administrative Fee shall be a part of the Vendor’s unit prices and is not to be charged directly to the customer in the
form of a separate line item.
G. Usage Reports – The Usage Report will be the established communication between the awarded contractor and 1GPA of all
contract activity. The contractor shall provide contract Usage Reports to 1GPA on a regular schedule as established by the
contractor. 1GPA will accept Monthly or Quarterly reporting arrangements which shall be made at the time of contract award.
H. Submission of Usage Reports – Within ten (10) days following the end of the arranged reporting schedule, the contractor shall
submit their Usage Report via the 1GPA Vendor Portal.
I.
Unified Reporting Requirements – Contractor shall consolidate and report all contract usage data under one comprehensive
report for the entire contract, regardless of the number of divisions, branches, or distributors involved. Contractor is responsible
for collecting and integrating data from all divisions, branches, or distributors to ensure complete and accurate reporting.
1.
This unified report shall encompass all transactions, activities, and usage metrics associated with this contract.
2.
Contractor warrants that all data reported is accurate, complete, and reflective of all contract usage for the reporting period.
Any discrepancies or omissions identified by 1GPA must be promptly addressed and corrected by the Contractor within 30
days.
3.
1GPA reserves the right to audit the Contractor’s records to verify the accuracy and completeness of the reported contract
usage. The Contractor shall provide access to all necessary records and cooperate fully with the audit process. Failure to
comply with the unified reporting requirements outlined herein may result in penalties, including but not limited to termination
of contract, as determined by 1GPA.
J.
Purchase Orders/Contracts – All purchase orders and/or contracts issued to the contractor in reference to 1GPA shall be
submitted at the same time as the Usage Report. All purchase orders and/or contracts should be zipped in a single file and
submitted as an attachment in the same email as the usage report in which they are referenced. 1GPA is audited on an annual
basis & documentation is necessary for compliance. Failure to submit purchase orders and/or contracts may result in contract
cancellation. 1GPA Contractors must verify the entity’s membership status by cross-referencing the membership list before
accepting Purchase Orders. If the entity is not on the membership list, the Contractor should prompt the entity to contact 1GPA
for membership application and approval.
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K. Invoicing of Administration Fee – Upon receipt of contractor’s Usage Report, 1GPA will generate an invoice which is calculated
as: Administrative Fee (1%) multiplied by the Total Sales Transactions as stated in the Usage Report. Contractor's failure to
remit administrative fees in a timely manner consistent with the contract’s requirements may result in 1GPA exercising any
recourse available under the contract or as provided for by law. All administrative fees not paid when due shall bear interest at a
rate of 1 1/2% per month until paid in full.
Administrative Fees shall be paid to “1GPA” and mailed to:
1910 W. Washington Street
Phoenix, AZ 85009
L.
Authorized Document Usage – All documents related to awarded contracts, including but not limited to contracts, agreements,
pricing and specifications created, maintained or published by 1GPA are intended solely for the use of authorized parties involved
in procurement transactions with 1GPA. Any dissemination, reproduction, or distribution of these documents, in part or in whole,
on any third-party website or service without the explicit permission of 1GPA is strictly prohibited. This prohibition does not apply
to services in connection with open or active solicitations. For inquiries regarding the use of 1GPA documents or to request
permission for their use on third-party platforms, please contact 1GPA.
4.
Costs and Payments
A. Ordering Procedures – Purchase Orders are issued by 1GPA members to the Vendor according to this Contract. Members and
Vendors must send Purchase Orders to 1GPA at maiken@1gpa.org.
B. Billings – Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable Member
purchase order and 1GPA contract number. Contractor will invoice Member directly.
C. Payment – Payment terms are Net thirty (30) from receipt of Contractor’s invoice. 1GPA members in states that have different
payment terms, shall follow the laws of the State they reside.
D. Progress Payments – 1GPA will permit Members to make progress payments under the following conditions:
1.
Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order
2.
Purchase order describes the amounts or percentages and the dates or frequency of payments
3.
Payments are made in full compliance with Member’s local governing entity rules
E. 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 Member 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.
F.
IRS W-9 – In order to receive payment under any resulting Contract, Contractor shall have a current IRS W-9 Form on file with
each Member.
G. Availability of Funds for the Next Fiscal Year – Funds may not presently be available for performance under this Contract
beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract
beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the Member
to make reasonable efforts to secure such funds.
5.
Contract Changes
A. Amendments – The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by
the Procurement Officer. 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 an unauthorized employee or made unilaterally by the Contractor are violations
of the Contract and or 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 and this Contract based on those changes.
B. Subcontracts – The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of
the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.
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C. Assignment and Delegation – Contractor shall not assign any right or interest nor delegate any duty under this Contract without
the prior written approval of 1GPA. 1GPA shall not unreasonably withhold approval.
D. Novation – If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor
in interest must guarantee to perform all obligations under this contract. 1GPA reserves the right to accept or reject any new
party. A simple change of name agreement will not change the contractual obligations of contractor.
E. Contract Placed on Hold – 1GPA shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing
problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency
notice. A reasonable amount of time shall be provided to contractor to address issues in the written deficiency notice.
6. Risk and Liability
A. Risk of Loss – Contractor shall bear all loss of conforming material covered under this Contract until received by authorized
personnel at the location designated in the purchase 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.
B. General Indemnification – To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless by
the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its
own negligence.
C. Indemnification - Patent and Copyright – To the extent permitted by law, Contractor shall indemnify and hold harmless 1GPA
and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising
out of Contract performance or use by the 1GPA or Member of materials furnished or work performed under this Contract. 1GPA
or Member shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.
D. Force Majeure
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; injections-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.
2.
Force Majeure shall not include the following occurrences:
a.
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold
condition of the market; or
b.
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
c.
Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or
permits.
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.
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.
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7.
Warranties
A. Liens – The Contractor warrants that the materials supplied under this Contract are free of liens.
B. Quality – Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after
acceptance by the School District/Public Entity of the materials or services, they shall be:
1.
A quality to pass without objection in the trade under the Contract description;
2.
Fit for the intended purposes for which the materials or services are used;
3.
Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units;
4.
Adequately contained, packaged and marked as the Contract may require; and
5.
Conform to the written promises or affirmations of fact made by the Contractor.
C. Fitness – Contractor warrants that any material or service supplied to 1GPA or its Members 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.
D. Inspection/Testing – The warranties set forth in this section shall not be affected by inspection or testing of, or payment for the
materials or services by 1GPA Members.
E. 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 licenses and permits.
F.
Survival of Rights and Obligations after Contract Expiration or Termination
1.
Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this Contract
shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to ARS § 12-
510, except as provided in ARS § 12-529, 1GPA and its Members are not subject to or barred by any limitations of actions
prescribed in ARS Title 12, Chapter 5.
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.
Contractual Remedies
A. Right to Assurance – If 1GPA 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, 1GPA may demand in writing that the Contractor give a written assurance of intent or
ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may,
at 1GPA’s option, be the basis for terminating the Contract under the Uniform General Terms and Conditions.
B. Nonconforming Tender – Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials
or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of
nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the Contract,
exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.
C. Right of Offset – 1GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or costs
incurred or damages assessed by 1GPA or its Members concerning the Contractor’s nonconforming performance or failure to
perform the Contract, including expenses, costs and damages described in the Uniform General Terms and Conditions.
9.
Contract Termination
A. Cancellation for Conflict of Interest – Pursuant to ARS § 38-511 and AAC R7-2-1087(F) 1GPA 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 1GPA is, or becomes at any time while the Contract or an
extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject
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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.
B. Personal Gifts or Benefits – 1GPA may, by written notice, terminate the Contract, in whole or in part, if 1GPA determines that
any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee who supervised or
participated in the planning, recommending, selecting or contracting of the Contract, in accordance with ARS § 15-213(O) and
AAC R7-2-1087(G).
C. Gratuities – 1GPA may, by written notice, terminate the Contract in whole or in part, if 1GPA 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 1GPA for the
purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable
treatment concerning the Contract, including making of any determination or decision about contract performance in accordance
with AAC R7-2-1087(H).
D. Suspension or Debarment – 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA
determines that the Contractor has been disbarred, 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.
E. Termination for Convenience – 1GPA reserves the right to terminate the Contract, in whole or in part at any time, when in the
best interests of its Members without penalty recourse. 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.
F.
Cancellation for Non-Performance or Contractor Deficiency – 1GPA may terminate any contract if Members have not used
the contract, or if purchase volume is determined to be “low volume” in any 12-month period. 1GPA reserves the right to cancel
the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract.
1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
1.
Providing material that does not meet the specifications of the contract;
2.
Providing work and/or material that was not awarded under the contract;
3.
Failing to adequately perform the services set forth in the scope of work and specifications;
4.
Failing to complete required work or furnish required materials/product within a reasonable amount of time;
5.
Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will not or
cannot perform the requirements of the contract; and or
6.
Performing work or providing services under the contract prior to receiving a Member’s purchase order for such work.
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1GPA. Failure
to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods,
materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member
on demand.
G. Contractor Cancellation – Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA or
on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice of
cancellation is received by 1GPA.
H. 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
Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education School District
Procurement Code Rule AAC R7-2-1155 through R7-2-1159.
Any dispute involving a 1GPA member and Vendor outside of Arizona shall be governed by the laws of the state of the 1GPA member,
without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city, county, and state of the
1GPA member.
UNIFORM TERMS AND CONDITIONS
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11. Federal and State Requirements
A. Compliance with Federal and State Requirements – Vendor shall comply with all applicable federal, state, and local laws,
statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum
and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.
Vendor shall comply, when working on any federally assisted projects with the following, where applicable:
1.
The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 – 3708; 29 CFR Part 5)
2.
Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5)
3.
Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5)
4.
Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41CFR Chapter 60)
5.
McNamara-O’Hara Service Contract Act (41 U.S.C. 351),
6.
Section 306 of the Clean Air Act (42 U.S.C. § 1857h,
7.
Section 508 of the Clean Water Act (33 U.S.C. § 1368),
8.
Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15).
9.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200)
10. Education Department General Administrative Regulations, 2 CFR Parts 200 and 3474, and 34 CFR Parts 75-77 and 81
(“EDGAR”),
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871)
12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and
those mandated by federal agencies making awards of federal funds to 1GPA members.
B. Offshore Performance – Due to security and identity protection concerns, direct services under any subsequent contract shall
be performed within the borders of the United States. Any services that are described in the specifications or scope of work that
directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive data or personal
client data or development or modification of software for the State shall be performed within the borders of the United States.
Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or "overhead" services,
redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work
performed by subcontractors at all tiers.
C. Contractor's Employment Eligibility – By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS §
23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA or
Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract. 1GPA
or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1GPA or Member suspect
or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the Contract for default and suspension, and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
D. Davis-Bacon – For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable Davis-
Bacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision shall
be identified by the WD Number, modification number, and date of the wage decision.
E. Fingerprint and Background Checks – In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any
employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school
may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception to this
requirement may be made as authorized in governing board policy of the Member.
F.
Terrorism Country Divestments – Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a company
that is in violation of the Export Administration Act.
G. Registered Sex Offender Restrictions – For work to be performed at schools, contractor agrees that no employee or employee
of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or
are reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach
and may result in the cancellation of the purchase order at the Member’s discretion. Contractor must identify any additional costs
UNIFORM TERMS AND CONDITIONS
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associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional
charge.
H. Affordable Care Act – Vendor understands and agrees that it shall be solely responsible for compliance with the Patient
Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152
(collectively the Affordable Care Act “ACA”). Contractor shall bear sole responsibility for providing health care benefits for its
employees who provide services to the Member as required by state or federal law.
I.
Boycott of Israel – Arizona public entities and other states as applicable, the member may not enter into a contract with a
company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.
J.
2 CFR Section 200 (EDGAR) – When a 1GPA Member seeks to procure goods and services using funds under a federal grant
or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes,
the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards, 2 CFR 200. All Vendors submitting proposals must complete the 2 CFR 200 Certification Form contained within this
document.
K. Minority Businesses – 1GPA and its Lead Agency have taken all necessary affirmative steps to assure minority businesses,
women’s business enterprises, and labor surplus area firms are notified of any bidding opportunities when possible according to
2 CFR Part 200.321.
L.
Civil Rights Compliance – In accordance with 7 CFR Part 210.23, Federal civil rights law and U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or
reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
M. Texas House Bill 1295 Certificate of Interested Parties – For contract entered into or after January 1, 2016, Texas Government
Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into a contract unless
the business entity submits a disclosure of interested parties to the governmental entity or state. The law applies only to a contract
that either (1) requires an action or vote by the governing body or (2) has a value of at least $1 million. Information from the
Commission regarding the requirements, including rules and filing information, are available at the following links:
https://www.ethics.state.tx.us/filinginfo/1295/
It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 1295.
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DOCUMENTS REFERENCED
You may access a complete copy of the documents referenced within this solicitation at the following web addresses:
Arizona:
Arizona Revised Statutes (ARS) is available at
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
The Arizona School District Procurement Rules in the Arizona Administrative Code (AAC) is available at
http://apps.azsos.gov/public_services/Title_07/7-02.pdf
All Other States:
For a full listing of Intergovernmental Purchasing Statutes by state, visit the 1GPA website at
http://1gpa.org/state-statutes/
Local Governments website (USA.gov)
https://www.usa.gov/local-governments
Federal:
IRS W-9 form (Request for Taxpayer I.D. Number) is available at
http://www.irs.gov/pub/irs-pdf/fw9.pdf
Code of Federal Regulations, 2 CFR §§ 200.318-326
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d
Education Department General Administrative Regulations (EDGAR)
https://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html
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DEFINITION OF TERMS
A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows:
“Attachment” means any item the Solicitation requires the Offeror to submit as part of the Proposal.
“Contract” means the combination of the Solicitation, including the Special Instructions to Offerors, Special Terms and Conditions, and
the Specifications and Statement or Scope of Work/Services; the Proposal and any Best and Final Offers; and any Solicitation Amendments
or Contract Amendments, and Member purchase orders.
"Contract Amendment" means a written document signed by the 1GPA that is issued for the purpose of making changes in the Contract.
“Contractor” means any person who has a Contract with the 1GPA.
“Cost” means the aggregate cost of all materials and services, including labor performed by force account.
“Days” means calendar days and shall be computed pursuant to ARS § 1-243.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation.
“Governing Body” means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils,
County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization.
“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.
“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.
“Member” means the non-profit entities, public and private schools (including independent school districts and charter schools), education
service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies
throughout the United States that have followed local governing authority allowing them to utilize contracting vehicles procured and
administered by 1GPA.
“Offer” means a response to a Solicitation.
“Offeror” means a person submitting a Proposal in response to a Request for Proposals
“Person” means any corporation, business, individual, union, committee, club, other organization or group of individuals.
“Procurement Officer” means the person duly authorized to enter into and administer Contracts and make written determinations with
respect to this Solicitation or his or her designee.
“Purchase Order or PO” means the agreed-upon purchase order or other form of binding contract document between the 1GPA member
and the Vendor which is used in making a purchase under a 1GPA contract.
“Responsible Bidder or Offeror” means a person who at the time of contract award has the capability to perform the Contract
requirements with the integrity and reliability which will assure good faith performance.
“Responsive Bidder or Offeror” means a person who submits a bid or proposal which conforms in all material respects to the Invitation
for Bids or Request for Proposals.
“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.
“Solicitation” means an Invitation for Bids (“IFB”), a Request for Proposal (“RFP”), or a Request for Qualification (“RFQ”).
“Solicitation Amendment” means a written document that is authorized by the Procurement Officer and issued for the purpose of making
changes to the Solicitation.
“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.
EXHIBIT A – OPENGOV SUBMITTAL INSTRUCTIONS
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1GPA utilizes the OpenGov Procurement portal to accept electronic responses. For technical questions related to your
submission, contact OpenGov Procurement by clicking on the blue chat button on the bottom right corner of the procurement
portal or access the Help Center at https://opengov.my.site.com/support/s/
Upload your submission at https://procurement.opengov.com/portal/1gpa
Key Points:
o
Submission Deadline: Upload, finalize, and submit your response before the Due Date and Time stated on the
solicitation cover.
o
Recommendation: Start the upload process at least one day before the Due Date.
Steps to Submit:
1. Create an OpenGov Procurement Account:
Register and select “Subscribe” to access documents and upload responses.
Click “Follow” on the project’s main page for detailed updates. Check the site periodically for notices,
amendments, and addenda.
2. Prepare and Submit Your Materials:
Click “Draft Response” to start. Note: “Proposal” is used universally and encompasses both proposals and
bids.
Follow the steps listed on the left-hand side of the page. Complete all sections until you see a green
checkmark.
Acceptable file formats: Microsoft Word, Excel, PDF, CSV, PNG, JPG.
Do not embed documents within files.
Click “Submit Proposal” to finalize. You’ll receive an email confirmation upon submission.
Acknowledge solicitation amendments through the portal. If an amendment is issued post-submission,
unsubmit, acknowledge the addendum, and resubmit your proposal.
Important Notes:
o
Respondents are solely responsible for ensuring all uploaded files are uncorrupted and correctly placed. OpenGov does
not verify the accuracy of uploaded documents. Failure to perform quality assurance may result in the proposal being
deemed non-responsive if key data is omitted or inaccessible.
o
Submitted information and documents are sealed and not visible to 1GPA until after the Due Date and Time.
o
Large documents may take time to upload, depending on file size and internet speed.
o
You can change your submission until the deadline by clicking “Unsubmit Proposal.”