Agreement with Freightliner of Arizona, LLC

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
FREIGHTLINER OF ARIZONA, LLC

This Linking Agreement (“Agreement”) is entered into as of this day of , 2026, between the
City of Glendale, an Arizona municipal corporation (“City”), and Freightliner of Arizona, LLC, an Arizona
limited liability company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

A. On June 1, 2024, the City of Phoenix, a member of the S.A.V.E. Cooperative Purchasing Agreement,
entered into a contract with Contractor to purchase the goods and services described in Medium &
Heavy Duty Cab and Chassis, Contract No. 161087--0 (FB 24-FSD-034) (“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 June 1, 2024, until the date the contract terminates on
May 31, 2027, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond May 31, 2029. The initial period of this Agreement is the period from the Effective
Date of this Agreement until May 31, 2027.

B. The City may extend the term of this Agreement for two (2) one-year periods 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.

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01/28/2025

Scope of Work: Terms, Conditions, and Specifications.

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

B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

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

B. The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed eight million dollars ($8,000,000) for the entire term of the Agreement (initial
term plus any extensions).

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

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

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

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

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the patties
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.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and

during the term of this Agreement, will not use:
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.
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01/28/2025

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

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

City of Glendale

c/o Fleet Management - Craig Croner
6210 W. Myrtle Avenue

Glendale, AZ 85301

and

Freightliner of Arizona, LLC
c/o Cory Thompson

9899 W. Roosevelt Street
Tolleson, AZ 85353

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

“City” “Contractor”
City of Glendale, an Arizona Freightliner of Arizona,
municipal corporation an Arizona Jifnited liabi
By: By:

Patrick S. Banger Name: Cory Thompson

City Manager Title: New Truck Sales |
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney

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01/28/2025

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
FREIGHTLINER OF ARIZONA, LLC

EXHIBIT A
CITY OF PHOENIX
CONTRACT NO. 161087--0 (IFB 24-FSD-034)
MEDIUM & HEAVY DUTY CAB AND CHASSIS

ORDINANCE S-50857

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACTS WITH COURTESY
CHEVROLET LLC; ONE NATION DISTRIBUTION LLC;
RUSH TRUCK CENTERS OF ARIZONA, INC., DBA RUSH
TRUCK CENTERS; SAN TAN AUTO PARTNERS, LLC;
DON SANDERSON FORD, INC.; SANDS MOTOR
COMPANY, INC.; ARIZONA TRUCK CENTER, LLC; AND
FREIGHTLINER OF ARIZONA, LLC FOR THE PURCHASE
OF MEDIUM AND HEAVY DUTY CAB AND CHASSIS
VEHICLES; AND FURTHER AUTHORIZING THE CITY
CONTROLLER TO DISBURSE FUNDS.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:

SECTION 1. The City Manager, or his designee, is authorized to enter
into contracts with Courtesy Chevrolet LLC; One Nation Distribution LLC; Rush Truck
Centers of Arizona, Inc., dba Rush Truck Centers; San Tan Auto Partners, LLC; Don

Sanderson Ford, Inc.; Sands Motor Company, Inc.; Arizona Truck Center, LLC; and

Freightliner of Arizona, LLC for the purchase of medium and heavy duty cab and
chassis vehicles for the Public Works department. Each contract term is three years,
beginning on or about June 1, 2024, with two one-year options to extend. The total
contracts cost will not exceed two hundred million dollars ($200,000,000). The contracts

may contain other terms and conditions deemed necessary by City staff.

SECTION 2. The City Controller is authorized to disburse all funds for the

purposes of this ordinance.
PASSED by the City Council of the City of Phoenix this 15th day of May

2024.

ATTEST:

Denise Aichibalfi, City Clerk

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

BY: SX

REVIEWED BY:

rton, City Manager

MWM:smb:LF24-0672:5/15/24: 2433198_1.doc

2 Ordinance S-50857

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
FREIGHTLINER OF ARIZONA, LLC

EXHIBIT B
Scope of Work

With this Agreement, the City is authorizing purchases of Medium and Heavy-Duty Cab and Chassis to be
ordered to meet the City's specifications.

This heavy-duty equipment and truck models will be ordered on an as-needed basis. The City is not
guaranteeing any minimum quantity.

‘ai

City of Phoenix

/161087-0

INVITATION FOR BID
IFB 24-FSD-034
MEDIUM & HEAVY DUTY CAB AND CHASSIS

City of Phoenix
Public Works
200 W Washington St
Phoenix, AZ
85003

RELEASE DATE: January 10, 2024
DEADLINE FOR QUESTIONS: January 26, 2024
RESPONSE DEADLINE: February 14, 2024, 11:00 am

ON OAR WN

City of Phoenix
INVITATION FOR BID
IFB 24-FSD-034
Medium & Heavy Duty Cab and Chassis

Introduction...

Special Terms and Conditions
Defense and Indemnification .
Insurance Requirements
SUDMIttANS oe el ese eecesescanesesescececeseseavsusscsteseatavassevesestaeresestaveseveteteseececees

BID PRICE SCHEDULE -— This is separately attached at: https://solicitations. phoenix.qov/

SUBMITTAL FORMS - This is separately attached at: https://solicitations.phoenix.gov/

Submittals

Offer Page

Acceptance Form

Conflict of Interest and Transparency

Costs and Payments

Place of Business

Warranty

Notices and Contacts

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

1. Introduction

1.1. Summary

The City of Phoenix, Public Works Department, Fleet Services Division (City) manages and
maintains a large inventory of medium and heavy-duty fleet vehicles. The City intends to use
this Contract as necessary to manage these fleet vehicles. This contract will be for a three-year
term, with two-one year options period beginning on or about April 1, 2024.

1.2. Contact Information

Sean Wulfekule

Contract Specialist

200 W Washington St

Phoenix, AZ 85003

Email: sean.wulfekuhle@phoenix.gov
Phone: (602) 534-0095

Department:
Public Works
1.3. Timeline
Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The city does
not always hold a Pre-Offer Conference or Site Visit.

To request a reasonable accommodation or alternative format for any public meeting, please
contact the Procurement Officer (Sean Wulfekuhle) at (602) 534-0095/Voice or 714/TTY, or
sean.wulfekuhle@phoenix.gov, no later than two (2) weeks prior to the meeting.

L Solicitation Issue Date | January 10, 2024

Invitation For Bid #1FB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

]
| Pre-Offer Conference (Non- January 24, 2024, 9:00am

Mandatory) https://phxpublicworks. webex.com/phxpublicwork |
s/j, php2MTID=m2b12aafcOdf9e9753553cbb603b

24500
Meeting number: 2496 365 0432 |
Password: pjECP2mXz63 |

Join by video system

Dial
24963650432@phxpublicworks.webex.com

You can also dial 173.243.2.68 and enter your
meeting number.

Join by phone
+1-415-655-0001 US Toll
Access code: 2496 365 0432
Meeting number: |

2496 365 0432

Written Inquiries Due Date | January 26, 2024, 9:00am

Offer Due Date | February 14, 2024, 11:00am
Join by phone
+1-415-655-0001 US Toll

Join by meeting number

Meeting number (access code): 2499 294 0539 |

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

2. Instructions

2.1. Description — Statement of Need

The City of Phoenix invites sealed offers for medium and heavy duty cab and chassis for a
three-year term, with two option years commencing on or about June 1, 2024, in accordance
with the specifications and provisions contained herein or the “Effective Date” which is upon
award by City Council, conditioned upon signature and recording by the City Clerk’s
department, as required by the Phoenix City Code, whichever is later.

This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939
for assistance.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by
reaching the end of the term including any extensions exercised, or termination pursuant to the
provisions of this Agreement.

2.2. City's Vendor Self-Registration and Notification

Vendors must be registered in the City’s procurePHX Self-Registration System at
https://www.phoenix.gov/procure to respond to solicitations and access procurement
information. The City may, at its sole discretion, reject any offer from an Offeror who has not
registered.

2.3. Preparation of Offer

All forms provided in Submittal Section must be completed and submitted with the Offer. The
signed and completed Conflict of Interest and Transparency form must be included or your Offer
may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other
modifications of the Offer must be initialed in original ink by the authorized person signing the
Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.
The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of
any requirement that may not be clear and to check all responses for accuracy before
submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due
date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress,
performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation
and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror
has discovered in or between the solicitation and other related documents.

Invitation For Bid #1FB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

D. The City does not reimburse the cost of developing, presenting or providing any
response to this solicitation. Offers submitted for consideration should be prepared
simply and economically, providing adequate information in a straightforward and
concise manner. The Offeror is responsible for all costs incurred in responding to this
solicitation. All materials and documents submitted in response to this solicitation
become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum
level required and that offers submitted must be for products or services that meet or
exceed the minimum level of all features specifically listed in this solicitation. Offers
offering less than any minimum specifications or criteria specified are not responsive and
should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable
alternates to the brand names or manufacturer's catalog references specified herein
must be submitted with technical literature and/or detailed product brochures for the
City’s use to evaluate the products offered. Offers submitted without this product
information may be considered as non-responsive and rejected. The City will be the sole
judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of
a disparity between the unit price and extended price, the unit price will prevail unless
obviously in error.

2.4. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening
date.

2.5. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from
https://solicitations. phoenix.gov/. Any interested Offerors without internet access may obtain this
solicitation by calling the Procurement Officer or picking up a copy during regular business
hours at the City of Phoenix, Public Works Department, 200 W. Washington Street, 7th Floor,
Phoenix, AZ 85003. It is the Offeror’s responsibility to check the website, read the entire
solicitation, and verify all required information is submitted with their Offer

2.6. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this
Solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified
from further consideration in the City’s sole discretion. Offerors must conform to all the
requirements specified in the solicitation. The City encourages Offerors to send inquiries to the
Procurement Officer rather than including exceptions in their Offer

Invitation For Bid #1FB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

2.7. Inquiries

All questions that arise relating to this solicitation should be directed via email to the
Procurement Officer and must be received by the due date indicated in the Schedule of Events.
The City will not consider questions received after the deadline.

No informal contact initiated by Offerors on the proposed service will be allowed with members
of City’s staff from date of distribution of this solicitation until after city council awards the
contract. All questions concerning or issues related to this solicitation must be presented in
writing.

The Procurement Officer will answer written inquiries in an addendum and publish any
addendums on the Procurement Website.

2.8. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or
officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an
addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning
the document with the Offer submittal.

2.9. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to
transact business, or not in good standing, in the state of Arizona by the Arizona Corporation
Commission, unless the Offeror asserts a statutory exception prior to entering a contract with
the City.

2.10. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must
possess all valid certifications and/or licenses as required by federal, state or local laws at the
time of submittal.

2.11. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
° The submission of the Offer did not involve collusion or other anti-competitive practices.

¢ The Offeror must not discriminate against any employee, or applicant for employment in
violation of Federal or State Law.

* 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 Offer.

2.12. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated
in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the
City Department's clock.

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

The City of Phoenix Public Works Department is accepting electronic Offers for this solicitation,
in addition to other methods of submitting sealed Offer packages (hardcopy). Offerors are
responsible for submitting the Offer (electronic or hardcopy) before the due date and time of the
solicitation deadline.

The Offeror is responsible for managing potential delays due to delays caused by the Carrier or
technical difficulties.

For Electronic Submittal: Please submit your response via email to
pwd.solicitations@phoenix.gov. The date and time on the email will provide proof of submission
and verification if the Offer was received on or prior to the due date and time specified.

Please identify the solicitation number and title in the subject line of the email when
submitting the Offer.

The City email file size is limited to 150mb. To send larger files electronically, the upload and
receipt time may take longer than expected. It is the responsibility of the Offeror to ensure that
the Offer met the due date and time.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your
offer may be deemed non-responsive if your offer is supplied utilizing these services.

For In-Person and Carrier Delivery: Offers will be received at City of Phoenix City Hall located
at 200 W. Washington St, 1st floor, Atrium, Phoenix, AZ 85003. The Atrium is just beyond the
security checkpoint. The drop-off box is a grey bin marked Public Works Department. Delivery
must be made during normal business hours (8:00 am — 5:00 pm, local Phoenix time, Monday —
Friday) before the solicitation due date and time. Offers must be clearly marked on the outside
of the package as designated in the solicitation.

Delivery of Offers: If the Offeror submits the Offer in a hardcopy format, then the Offer must be
submitted in a sealed package/envelope marked with the following information:

e Offeror's Name
e Offeror's Address (as shown on the Certification Page)
° Solicitation Number
e Solicitation Title
e Offer Due Date
2.13. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative)
may withdraw the Offer by submitting a request in writing and signed by a duly authorized
representative. If Offeror withdraws the Offer electronically by email to the Procurement Officer,
the request to withdraw must be in the form of a letter attached to the email that includes either
an image of the duly authorized representative's signature or an electronic signature from a
verifiable source, such as Adobe Sign, DocuSign or a similar verifiable software program.

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

2.14. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of
Events, at which time the name of each Offeror, and the prices may be read. Offers and other
information received in response to the solicitation will be shown only to authorized City
personne! having a legitimate interest in them or persons assisting the City in the evaluation.
Offers are not available for public inspection until after the City has posted the award
recommendation on the City’s website.

The City will post a preliminary offer tabulation on the City’s website,

https://solicitations. phoenix.aov/Awards within five business days of the offer opening. The City
will post the information on the preliminary tabulation as it was read during the offer opening.
The City makes no guarantee as to the accuracy of any information on the preliminary
tabulation. Once the City has evaluated the offers, the City will post an award recommendation
on the website. By signing and submitting its Offer, each Offeror agrees that this posting of the
award recommendation to the City’s website effectively serves as the Offeror’s receipt of that
notice of award recommendation. The City has no obligation to provide any further notification to
unsuccessful Offerors.

2.15. Pre-Award Qualifications

Offeror must have been in operation a minimum of two years. The Offeror’s normal business
activity during the past two years will have been for providing the goods or services in this
solicitation.

Upon notification of an intent to award, the Offeror will have ten calendar days to submit a
complete certificate of insurance in the minimum amounts and the coverages as required in the
Insurance Requirements of this agreement. Insurance requirements are non-negotiable.

2.16. Award of Contract

Unless otherwise indicated, award(s) will be made to the most responsive, responsible
Offeror(s) who are regularly established in the service, or providing the goods, contained in this
solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the
Solicitation. This may include performance history on past and current government or
industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and
operational personnel) and necessary equipment to accomplish the scope of work in
the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

Invitation For Bid #I1FB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1)
waive any immaterial defect or informality; or (2) reject any or all offers or portions
thereof; or (3) reissue a solicitation.

C. Aresponse to a solicitation is an offer to contract with the City based upon the terms,
conditions, and specifications contained in the City’s solicitation. Offers do not become
contracts until they are executed by the Chief Procurement Officer or Department
Director. A contract has its inception in the award, eliminating a formal signing of a
separate contract. For that reason, all of the terms, conditions and specifications of the
procurement contract are contained in the solicitation, and in any addendum or contract
amendment.

2.17. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or
respondents (including their representatives) shall only discuss matters associated with the
solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City
Manager, or any department director directly associated with the solicitation (including in each
case their assigned staff, except for the designated Procurement Officer) at a public meeting,
posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or
responses are rejected and the solicitation is cancelled without any announcement by the
Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the
City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not
discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members
of the Phoenix City Council, provided such meetings are scheduled through the Procurement
Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the
scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted
notice shall identify the participants and the subject matter, as well as invite the public to
participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's
Office will continue the past practice of exerting no undue influence on the process. In all
solicitations of bids and proposals, any direction on the selection from the City Manager and/or
City Manager's Office and Department Head (or representative) to the proposal review panel or
selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are
awarded in public, and protect the integrity of the selection process. OFFERORS THAT
VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City
for disqualification, the Offeror may follow the Protest process, unless the Solicitation is
cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the
contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are
awarded, or all offers or responses are rejected and the solicitation is cancelled without any

10

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

announcement by the Procurement Officer of the City’s intent to reissue the same or a similar
solicitation. The City interprets the policy as continuing through a cancellation of a solicitation
until Council award of the contract, as long as the City cancels with a statement that the City will
rebid the solicitation.

2.18. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation
deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the
solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the
solicitation or denied by the City. If denied, the opening and award will proceed unless the City
determines that it is in the City’s best interests to set new deadlines, amend the solicitation,
cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all
solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and
responsiveness, within seven days of the date the Offeror was notified of the adverse
determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a
substantial chance of being awarded the contract and will be harmed by the recommended
award. The City will post recommendations on the City’s website to award the contract(s) to an
Offeror(s). Offeror must submit award protests within seven days after the posting of the award
recommendation, with exceptions only for good cause shown, within the City’s full and final
discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and
include the following:

e Identification of the solicitation number;
e The name, address and telephone number of the protester;

e A detailed statement describing the legal and factual grounds for the protest, including
copies of relevant documents;

e The form of relief requested; and
e The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the
protest is filed. The City will not request City Council authorization to award the contract until the
protest process is complete. All protests and appeals must be submitted in accordance with the
City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not
submitted within the time requirements will not be considered. Protests must be filed with the
Procurement Officer.

11

Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

2.19. Public Record

All Offers submitted in response to this solicitation will become the property of the City and
become a matter of public record available for review pursuant to Arizona State law. If an
Offeror believes that a specific section of its Offer response is confidential, the Offeror will
isolate the pages marked confidential in a specific and clearly labeled section of its Offer
response. An Offeror may request specific information contained within its Offer is treated by the
Procurement Officer as confidential provided the Offeror clearly labels the information
“confidential.” To the extent necessary for the evaluation process, information marked as
“confidential” will not be treated as confidential. Once the procurement file becomes available
for public inspection, the Procurement Officer will not make any information identified by the
Offerors as “confidential” available to the public unless necessary to support the evaluation
process or if specifically requested in accordance with applicable public records law. When a
public records request for such information is received, the Procurement Officer will notify the
Offeror in writing of any request to view any portion of its Offer marked “confidential.” The
Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.
If the Offeror does not provide the Procurement Officer with a court order enjoining release of
the information during the designated time, the Procurement Officer will make the information
requested available for inspection.

2.20. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department
will document the date and time of the submittal of the late Offer, keep the Offer and notify the
Offeror that its Offer was disqualified for being a late Offer.

2.21. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data
requested or who provides materially inaccurate or misleading information or data. The City
further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of
interest that is disclosed by the Offer submitted or any other data or information available to the
City. This disqualification is at the sole discretion of the City. By submission of a solicitation
response, the Offeror waives any right to object now or at any future time, before any agency or
body including, but not limited to, the City Council of the City or any court as to the exercise by
the City of such right to disqualify or as to any disqualification by reason of real or apparent
conflict of interest determined by the City. The City reserves the right to replace the disqualified
Offeror.

2.22. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed
Bidding, award(s) shall be made to the lowest responsible and responsive offeror(s) whose offer
conforms in all material respects to the requirements set forth in this solicitation. The City
reserves the right to award a contract by individual line items, by group, all or none, or any other
combination most advantageous to the City. The City reserves the right to multiple award.

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Invitation For Bid #IFB 24-FSD-034
Title: Medium & Heavy Duty Cab and Chassis

2.23. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and
completeness and compliance with the solicitation requirements. The City reserves sole
discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The
solicitation states criteria that determine responsiveness, and the solicitation includes terms and
conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the
possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory
performance that may result in additional administrative costs. It is important that the Offeror be
a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience,
and facilities for conducting the work to be performed.

2.24. Equal Low Offer

Contract award will be made by putting the names of the tied Offerors in a cup for a blind
drawing limited to those bidders with tied Offers. If time permits, the Offerors involved will be
given an opportunity to attend the drawing. The drawing will be witnessed by at least three
persons, and the contract file will contain the names and addresses of the witnesses.

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