This solicitation is being done by the Queen Creek
Unified School
District #95 as a member of the Greater Phoenix
Purchasing Consortium of Schools (GPPCS) and Strategic Alliance for Volume
Expenditures (SAVE) and is acting as lead district. Any contract resulting from this solicitation
shall be for the use of the consortium members.
In order to participate in any resultant contract, a school district or
public entity must have entered into a cooperative purchasing agreement with
the consortium as required by School District Procurement Rule A.A.C.
R7-2-1095. No volume is implied or
guaranteed. Below are two lists of current
members in the Consortiums who potentially may wish to utilize this
contract. The estimated volume of
purchases by members within GPPCS and SAVE have been taken into consideration
by the lead district and all other school districts and public entities that
are not members of the GPPCS or SAVE are prohibited from using the contract.
Greater Phoenix
Purchasing Consortium of Schools
Current School
District Members
|
1. Agua Fria
Union High School District No. #216
|
29. Litchfield
Elementary School District
#79
|
|
2. Alhambra
Elementary School
District #68
|
30. Littleton
Elementary School
District #65
|
|
3. Apache Junction Unified School
District #43
|
|
|
4. Avondale
Elementary School
District #44
|
|
|
|
33. Mesa
Unified School District #4
|
|
6. Buckeye
Elementary School
District #33
|
34. Murphy
Elementary School
District #21
|
|
7. Buckeye
Union High
School District #201
|
35. Nadaburg
School District #81
|
|
8. Cartwright
Elementary School
District #83
|
36. Osborn
Elementary School
District #8
|
|
9. Casa Grande Unified School
District
|
37 Palo Verde
Elementary School
District #49
|
|
10.
Cave Creek Unified School District #93
|
38. Paradise
Valley Unified School
District #69
|
|
11. Chandler Unified School District
#80
|
39. Pendergast
Elementary School
District #92
|
|
12.
Coolidge Unified School District #21
|
40. Peoria
Unified School District
|
|
13. Creighton Elementary School District #14
|
41. Phoenix
Elementary School
District #1
|
|
14. Deer Valley
Unified School District #97
|
42. Phoenix
Union High
School District #210
|
|
15.
Dysart Unified School District #89
|
43. Queen Creek Unified School
District #95
|
|
16.
East Valley Institute of Technology
|
44. Riverside
Elementary School
District #2
|
|
17. Florence Unified School District
#1
|
45. Roosevelt
Elementary School
District #66
|
|
18.
Fountain Hills Unified School District #98
|
46. Saddle
Mountain Unified School
District #48
|
|
19. Fowler Elementary School District #45
|
47. Scottsdale
Unified School District #48
|
|
20.
Gilbert Unified School District #41
|
48. Stanfield
Elementary School
District #24
|
|
21. Glendale Elementary School District #40
|
49. Tempe
Elementary School
District #3
|
|
22. Glendale Union High
School District #205
|
50. Tempe
Union High
School District #213
|
|
23.
Higley Unified School District #60
|
|
|
24. Isaac Elementary School District #5
|
|
|
25.
J.O. Combs Elementary School District #44
|
|
|
26. Kyrene Elementary School District #28
|
|
|
27. Laveen Elementary School District #59
|
|
|
28. Liberty Elementary School District #25
|
|
Charter School Members
1. Horizon
Community Learning
Center
Strategic Alliance of Volume Expenditures
|
City
of Avondale
|
City
of Chandler
|
|
City
of Flagstaff
|
City
of Glendale
|
|
City
of Mesa
|
City
of Peoria
|
|
City
of Scottsdale
|
City
of Tempe
|
|
City
of Yuma
|
Town
of Cave Creek
|
|
Town
of Queen Creek
|
Coconino County
|
|
Gila County
|
Maricopa County
|
|
Mohave County
|
Pima County
|
|
Pinal
County
|
Santa Cruz County
|
|
Yuma County
|
Arizona State University
|
|
Maricopa
Community College District
|
Az
Dept. of Administration, State Procurement Office
|
|
Superstition
Mts. Community Facilities District
|
Williams Gateway Airport Authority
|
|
Alhambra School District # 68
|
Apache
Junction Unified School District # 43
|
|
Balsz School District #31
|
Cartwright School District #83
|
|
Chandler Unified School District # 80
|
Coolidge
Unified School District #21
|
|
Cottonwood-Oak Creek School District #6
|
Crane
Elementary School District # 13
|
|
Deer Valley Unified School District #97
|
Douglas
Unified School District
|
|
Dysart
Unified School District # 89
|
Flagstaff Unified School District # 1
|
|
Florence Unified School District # 1
|
Gadsden Elementary School District # 32
|
|
Holbrook
Unified School District #3
|
Isaac School District # 5
|
|
Lake Havasu Unified School District # 1
|
Littleton Elementary School District #65
|
|
Marana
Unified School District #6
|
Maricopa
Unified School District
|
|
Mesa
Unified School District # 4
|
Mohawk Valley School District # 17
|
|
Naco
Unified School District
|
Nogales Unified School District # 1
|
|
Parker
Unified School District #27
|
Pendergast School District #92
|
|
Phoenix Elementary School District # 1
|
Phoenix Union High School District #210
|
|
Queen
Creek Unified School District # 95
|
Roosevelt Elementary School District # 66
|
|
Round
Valley Unified School District
|
Safford
Unified School District
|
|
Sahuarita
Unified School District
|
Scottsdale Unified School District # 48
|
|
Sierra Vista Unified School District
# 68
|
Sunnyside
Unified School District #12
|
|
Tempe Elementary School District # 3
|
Tempe Union High School District # 213
|
|
Tolleson Union High School District # 214
|
Tucson Unified School District
|
|
Union Elementary School District #62
|
Washington Elementary School District # 6
|
|
Wilcox
Unified School District
|
Yuma School District # 1
|
|
Yuma Union High School District #70
|
|
Section Page
Special
Terms and Conditions.................................................................................. 5
Uniform
Instruction to Offerors................................................................................ 7
Uniform
General Terms and Conditions................................................................. 12
Specifications
........................................................................................................ 20
Offer and
Acceptance............................................................................................. 22
Non-collusion
Statement........................................................................................ 23
W-9......................................................................................................................... 24
Exhibit A................................................................................................................ 25
SPECIAL TERMS AND CONDITIONS
1.
PURPOSE:
The purpose of this Request for Proposals is to acquire Athletic
Equipment and Supplies for the Queen Creek Unified School District, Agua Fria Unified School
District, Alhambra Elementary School District, Cave Creek Unified School District,
Douglas Unified School District, Buckeye Union High School District, Littleton
Elementary School District, Florence Unified School District, Isaac Elementary
School District, Pendergast Elementary School District, Phoenix Union High
School District, Yuma Union High School District, in particular, but
available for the entire membership of the GPPCS. The quantity given only represents the above
eleven school districts with an estimated expenditure of $750,000. Other school districts will have the option
of buying off this RFP. In addition
members of SAVE, the Strategic Alliance of
Volume Expenditures Consortium may use this proposal.
2.
EVALUATION SCHEDULE: The proposals will be
initially evaluated for conforming to the requirements of the RFP. All those responsible and responsive vendors
who met the technical requirements will then be evaluated for pricing and
specifications of products. Evaluation is
expected to be complete in May 2006. All
pricing shall be good until June 30, 2007
3.
TERMS OF AWARD: QCUSD expects to award to
multiple vendors at our next School Board Meeting following evaluation. All
pricing shall be good until June 30, 2007.
4.
CONTINGENCIES:
The total purchase of all orders to be issued against contracts is not
known, and the Queen
Creek Unified
School District will not
be bound to purchase a minimum quantity during the contract period. The numbers listed are the best of our
ability to project our purchases for the initial term of this contract.
5.
AWARD BASIS: Successful responsive and
responsible low vendors will be determined by ability to provide the items
asked for, pricing of the items asked for, quality of the items asked for,
warranty for all items, timely delivery and the terms for freight on smaller
orders.
6.
Any deviation from the general terms and
conditions or exceptions taken shall be described fully and appended to the
proposal form on the vendor's letterhead over the signature of the person
signing the proposal form. Such appendages
shall be considered part of the vendor’s formal proposal. For the absence of any statements of
deviation or exception, the proposal shall be accepted as in strict compliance
with all terms and conditions.
If a vendor receives a proposal
award, an order is placed and vendor is unable to meet the delivery
requirements, meet service requirements, or material that meets the Districts
needs as outlined in this Request for Proposals, or is unable to hold proposal
price, or fails to provide product or service within a reasonable period of time,
AND/OR fails to provide product complying with bid specifications, as
determined by the District, the District reserves the right to go to the next
lowest bid price of equal quality which meets proposal specifications. If the proposal item delivered does not meet
specifications or is received in an unsatisfactory condition and is in a
damaged or unusable condition, or if service is unsatisfactory, vendor must
pick up item immediately and replace to each district’s satisfaction at no
additional charge, or issue full credit, for service a return visit must be
re-scheduled within 24 hours. Rejected
items must be removed from the District’s premises by the vendor upon verbal
notification.
7.
GUARANTEES BY THE SUCCESSFUL BIDDER That the
equipment, material, furniture or supplies offered is standard, new latest
model or regular stock product or as product or as required by the
specifications, with parts regularly used for the type of equipment or
furniture offered; also that no attachment or part has been substituted or
applied contrary to manufacturer’s recommendations and standard practices. Every unit delivered must be guaranteed
against faulty material and workmanship for a period of at least one (1)
year from date of installation. If
during this period such faults develop, the successful bidder agrees to replace
the unit or part affected without cost to the District. If a defective component of any unit reaches
a significant level of the purchases made as determined by the district, the
vendor shall at the district’s request replace that component in all equipment
bought at no expense to the district.
8.
FREIGHT: All orders are FOB destination unless
noted with the item.
9.
BILLING: All billing notices must be sent to
each district’s accounts payable as shown on the purchase orders. All invoices shall identify the specific
item(s) being billed and include the PO number.
Any purchase order issued by Queen
Creek Unified
School District or a
member of the GPPCS or SAVE will refer to the RFP number of this bid.
10.
EVALUATION: Evaluation criteria may include, but
not necessarily be limited to:
·
Conformity to the exact requirements and needs
of QCUSD and the GPPCS and SAVE.
·
Product performance and quality.
·
If you are not a current vendor, references of
customers who have purchased from you in the last six months.
·
Availability of local support.
·
Warranty given.
·
Cost considerations and any other factors that
would be advantageous to the QCUSD.
11.
Non-collusion Statement: Each Proposal shall include a signed and notarized Non-collusion
Statement. The statement is enclosed.
12.
Enclose any necessary forms to open an account
for this purchase if the District is not currently doing business with the
offeror.
13.
Enclose two copies of your current catalog and
please make sure the purchasing office is on your list to continue receiving
your catalogs. (If you have already submitted two copies of your catalog within
the past month to QCUSD Purchasing Department you do not have to include two
additional copies.)
14.
Enclose one original copy and two copies of your
proposal.
15.
If you have ANY questions regarding the release
of this RFP, please direct them to Michelle Hamilton, QCUSD Procurement
Specialist at 480.987.5951.
UNIFORM INSTRUCTIONS TO
OFFERORS
1. Definition
of Terms
As
used in these instructions, the terms listed below are defined as follows:
A.
“Attachments” means any item the Solicitation requires an Offeror to submit as
part of the Offer.
B.
“Contract”
means the combination of the Solicitation, including the uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final
Offers; and any Solicitation Amendments or Contract Amendments; and any terms
applied by law.
C. Contract
Amendment” means a written document signed by the Procurement Officer
that is issued for the purpose of making changes in the Contract.
D. “Days”
means calendar days unless otherwise specified.
E. “Exhibits” means any item labeled as
an Exhibit in the Solicitation or placed in the Exhibits section of the
solicitation.
F. “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.
G. “Offer” means bid, proposal or
quotation.
H. “Offeror” means a vendor who
responds to a Solicitation.
I. “Procurement
Officer” means the person duly authorized to enter into and administer
Contracts and make written determinations with respect to the Contract or his
or her designee.
J. “Solicitation” means an Invitation
for Bids (IFB), a Request for Proposals (RFP), or a Request for Quotations
(RFQ).
K.
“Solicitation
Amendment” means a written document
that is authorized by the Procurement Officer and issued for the purpose of
making changes to the Solicitation.
L.
“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 furnishings of any
material or any service required for the performance of the Contract.
2.
Inquiries
A.
Duty to
Examine. It is the responsibility of
each Offeror to examine the entire Solicitation, seek clarification in writing,
and check its Offer for accuracy before submitting the Offer. Lack of care in
preparing an Offer shall not be grounds for withdrawing the Offer after the
Offer 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. The Offeror shall not contact or direct inquires concerning
this Solicitation to any other employee unless the Solicitation specifically
identifies a person other than the Solicitation contact person as a contact.
C.
Submission of
Inquires. The Procurement Officer or
the person identified in the Solicitation as the contact for inquires may
require that an inquiry be submitted in writing. Any inquiry
related
to a Solicitation shall refer to the appropriate Solicitation number, page, and
paragraph. Do not place the Solicitation number on the outside of the envelope
containing that inquire since it may then be identified as an Offer and not be
opened until after the Offer due date and time.
D.
Timeliness. Any inquiry shall be submitted as soon
as possible and at least seven (7) days before the Offer due date and time.
Failure to do so may result in the inquiry not being answered.
E. No
Right to Rely on Verbal Responses. Any inquiry that results in changes to
the Solicitation shall be answered solely through a written Solicitation
Amendment. An Offeror may not rely on verbal responses to its inquires.
F. Solicitation
Amendments. The Solicitation shall
only be modified by a Solicitation Amendment.
G.
Pre-Offer
Conference. If a pre-Offer conference
has been scheduled under this Solicitation, the date, time, and location 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.
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.
3. Offer Preparation
A.
Forms: No
Facsimile or Telegraphic Offers. An
Offer 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. A facsimile, telegraphic or mailgram offer shall be rejected.
B. Typed
or Ink; Corrections. The Offer must be typed or in ink. Erasures,
interlineations or other modifications in the Offer must be initialed in ink by
the person signing the Offer. Modifications shall not be permitted after Offers
have been opened except as otherwise provided under applicable law.
C.
Evidence of
Intent to be Bound. The Offer and
Acceptance form within the Solicitation must be submitted with the Offer and
must include a signature by a person authorized to sign the Offer. The
signature shall signify the Offeror’s intent to be bound by the Offer and the
terms of the Solicitation and that the information provided is true, accurate,
and complete. Failure to submit verifiable evidence of an intent to be bound,
such as an original signature, shall result in rejection of the Offer.
D.
Exceptions to
Terms and Conditions: All exceptions
included with the Offer shall be submitted in a clearly identified separate
section of the Offer in which the Offeror clearly identifies the specific
paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section
shall be without force and effect in any resulting Contract unless such
exception is specifically 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.
E.
Invitation for
Bids: An Offer that takes exception
to a material requirement of any part of the Solicitation, including terms and
conditions, shall be rejected.
F.
Request for
Proposals: All exceptions that are
contained in the Offer may negatively affect the proposal evaluation based on
the evaluation criteria as stated in the Solicitation or result in rejection of
the Offer.
G.
Subcontracts. Offeror shall
clearly list any proposed subcontractors and the subcontractor’s proposed
responsibilities in the Offer.
H.
Cost of Offer
Preparation. The District will not reimburse any Offeror
the cost of responding to a Solicitation.
I.
Solicitation
Amendments. Each Solicitation
Amendment shall be signed with an original signature by the person signing the
Offer, and shall be submitted no later than the Offer due date and time.
Failure to return a signed copy of a material Solicitation Amendment shall
result in rejection of the Offer.
J.
Federal Excise
Tax. School districts/public entities
are exempt from Federal Excise Tax on manufactured goods. Exemption
Certificates will be prepared upon request.
K.
Provision of
Tax Identification Numbers. Offerors
are required to provide their Arizona Transaction Privilege Tax number and/or
Federal Tax Identification number, if applicable, in the space provided on the
Offer and Acceptance Form and provide the tax rate and amount, if applicable,
on the Price Sheet.
L.
Identification
of Taxes in Offer. School districts/public entities are subject
to all applicable state and local transaction privilege taxes. If Arizona
resident Offerors do not indicate taxes on a separate item in the Offer, the
school district/public entity will conclude that the price(s) offered includes
all applicable taxes.
M.
Disclosure. If the Firm, business, or person submitting this
Offer has been debarred, suspended, or otherwise lawfully precluded from
participating in any public procurement activity, including being disapproved
as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently
pending, the Offeror must fully explain the circumstances relating to the
preclusion or proposed preclusion in the Offer. The Offeror shall include a
letter with its Offer 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.
N.
Solicitation
Order of Precedence. In the event of
a conflict in the provisions of this Solicitation, the following shall prevail
in the order set forth below:
1.
Special Terms and
Conditions;
2.
Uniform General
Terms and Conditions;
3.
Statement of
Scope of Work;
4.
Specifications;
5.
Attachments;
6.
Exhibits;
7.
Special
Instructions to Offerors; and
8.
Uniform
Instructions to Offerors
O. 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).
4. Submission of Offer
A.
Sealed
Envelope or Package. Each Offer shall
be submitted to the submittal location identified in this Solicitation, in a
sealed envelope or package that identifies its contents as an Offer and the
Solicitation number to which it responds. The appropriate Solicitation number
shall be plainly marked on the outside of the envelope or package.
B. Offer Amendment or Withdrawal.
An Offer may not be amended or withdrawn after the Offer due date and time
except as otherwise provided under applicable law.
C.
Public Record. Under applicable law, all Offers submitted and opened
are public records and must be retained by the school district/public entity.
Offers shall be open to public inspection after Contract award, except for such
Offers deemed to be confidential by the school district/public entity. If an
Offeror believes that information in its Offer should remain confidential, it
shall stamp as confidential that information and submit a statement with its
Offer detailing the reasons that information should not be disclosed. The
school district/public entity shall make a determination on whether the stamped
information is confidential pursuant to the school district/public entity’s
Procurement Code.
D. Non-collusion,
Employment, and Services. By signing the Offer and Acceptance form or other
official contract form, the offeror certifies that:
1. It did not engage in collusion or other
anti-competitive practices in connection with the preparation or submission of
its offer; 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.
5.
Evaluation
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.
All applicable taxes in the Offer will be considered by the school
district/public entity when determining the lowest bid or evaluating proposals;
except when a responsive Offeror which is otherwise reasonably susceptible for
award is located outside of Arizona and is not subject to a transaction
privilege or use tax of a political subdivision of this state. In that event,
all applicable taxes which are the obligation of Offerors in state and out of
state, Offerors shall be disregarded in the Contract Award. At all times,
payment of taxes and the determination of applicable taxes and rates are the
sole responsibility of the Contractor.
C.
Late Offers. An offer submitted after the exact Offer due date and
exact time shall be rejected.
D.
Disqualification. The Offer of an Offeror who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity
may be rejected.
E.
Offer
Acceptance Period. An Offeror
submitting an Offer under this Solicitation shall hold its Offer open for the
number of days from the Offer due date that is stated in the Solicitation. If
the Solicitation does not specifically state a number of days for the Offer
acceptance, the number of days shall be ninety (90). If a Best and Final Offer is requested
pursuant to a Request for Proposals, an Offeror shall hold its Offer open for
ninety (90) days from the Best and Final due date.
F.
Payment. Payments shall
comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or
services, the Contractor shall submit a complete and accurate invoice for
payment within thirty (30) days.
G.
Waiver and
Rejection Rights. Notwithstanding any
other provision of the solicitation, the school district/public entity reserves
the right to:
1. Waive any minor informality;
2. Reject any and all offers or portions
thereof; or
3. Cancel a solicitation.
6. Award
A. Number or Types of Awards. Where
applicable, the school district/public entity reserves the right to make
multiple awards or to award a Contract by individual line items, by a group of
line items, or to make an aggregate award, whichever is deemed most
advantageous to the school district/public entity. If the Procurement Officer
determines that an aggregate award to one Offeror is not in the school
district/public entity’s interest, “all or none” Offers shall be rejected.
B.
Contract
Inception. An Offer does not constitute a Contract nor
does it confer any rights on the Offeror to the award of a Contract. A Contract
is not created until the Offer is accepted in writing by the Procurement
Officer’s signature of the Offer and Acceptance Form. A letter or other notice
of award or of the intent to award shall not constitute acceptance of the
Offer.
C. Effective Date. The effective date of this Contract shall be
the date that the Procurement Officer signs the Offer and Acceptance Form or
other official contract form, unless another date is specifically stated in the
Contract.
D.
Final acceptance
for each participating school district will be contingent upon the approval of
their Governing Board, if applicable.
7. Protests
A
protest shall comply with and be resolved according to Arizona Department of
Education school district/public entity Procurement code R7-2-1141 through
R7-2-1153. Protests shall be in writing and be filed with the Procurement
Officer of the school district, Kathy Smith, Business Manager. A protest of a
Solicitation shall be received by the Procurement Officer before the Offer due
date. A protest of a proposed award or of an award shall be filed with the
Procurement Officer within ten (10) days after the protester knows or should
have known the basis of the protest. A protest shall include:
A. The name, address, and telephone number
of the protester;
B. The signature of the protester or its
representative;
C. Identification of the purchasing agency
and the Solicitation or Contract number;
D. A detailed statement of the legal and
factual grounds of the protest including copies of relevant documents; and
E.
The form of
relief requested.
UNIFORM GENERAL TERMS AND CONDITIONS
1. Definition of Terms
As
used in this Solicitation and any resulting Contract, the terms listed below
are defined as follows:
A.
“Attachments” means any item the Solicitation requires an Offeror to submit as
part of the Offer.
B.
“Contract”
means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final
Offers; and any Solicitation Amendments or Contract Amendments; and any terms
applied by law.
C. “Contract
Amendment” means a written document signed by the Procurement Officer
that is issued for the purpose of making changes in the Contract.
D. “Contractor”
means any person who has a Contract with the school district/public entity.
E. “Days”
means calendar days unless otherwise specified.
F. “Exhibits” means any item labeled as
an Exhibit in the Solicitation or placed in the Exhibits section of the
Solicitation.
G. “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.
H. “Offer” means bid, proposal or
quotation.
I. “Offeror”
means a vendor who responds to a Solicitation.
J. “Procurement Officer” means the
person duly authorized to enter into and administer Contracts and make written
determinations with respect to the Contract or their designee.
K. “Solicitation” means an Invitation
for Bids (IFB), a Request for Proposals (RFP), or a Request for Quotations
(RFQ).
L.
“Solicitation
Amendment” means a written
document that is authorized by the Procurement Officer and issued for the
purpose of making changes to the Solicitation.
M.
“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 furnishings of any
material or any service required for the performance of the Contract.
N.
“School
District/Public Entity” means the
school district or public entity that executes the Contract.
2.
Contract Interpretation
A.
Arizona Law. The
law of Arizona applies to this Contract
including, where applicable, the Uniform Commercial Code as adopted by the
State of Arizona
and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41,
Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.)
Title 2, Chapter 7.
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. Contract Order of Preference. In
the event of a conflict in the provisions of the Contract, the following shall
prevail in the order set forth below:
i) Special Terms and Conditions;
ii) Uniform General Terms and Conditions;
iii)
Statement or Scope
of Work;
iv)
Specifications;
v) Attachments;
vi) Exhibits;
vii)
Documents
Referenced in the Solicitation;
D.
Relationship
of Parties. The Contractor under this
Contract is an independent Contractor. Neither party to this Contract shall be
deemed to be the employee agent of the other party to the Contract.
E.
Severability. The provisions of this Contract are severable. Any
term or condition deemed illegal or invalid shall not affect any other term or
condition of the Contract.
F.
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.
G.
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
A.
Records. Under
A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
Contractually require each Subcontractor to retain all data and other records
(“records”) relating to the acquisition and performance of the Contract for a
period of five years after the completion of the Contract. All records shall be
subject to inspection and audit at reasonable times. Upon request, the
Contractor shall produce a legible copy of any or all such records.
B.
Non-Discrimination. The Contractor shall comply with State Executive
Order No. 99-4 and all other applicable Federal and State laws, rules and
regulations, including the Americans with Disabilities Act.
C.
Audit. At any time during the term of this Contract and five
(5) years thereafter, the Contractor’s or any Subcontractor’s books and records
shall be subject to audit by the school district/public entity and, where
applicable, the Federal Government, the extent that the books and records
relate to the performance of the Contract or Subcontract.
D.
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. The school district/public
entity shall also have the right to test at its own cost the materials to be
supplies under this Contract. Neither inspection at the Contractor’s facilities
nor testing shall constitute final acceptance of the materials. If the school district/public entity
determines non-compliance of the materials, the Contractor shall be responsible
for the payment of all costs incurred by the school district/public entity for
testing and inspection.
E.
Notices. Notices to the
Contractor required by this Contract shall be made by the school
district/public entity to the person indicated on the Offer and Acceptance form
submitted by the Contractor unless otherwise stated in the Contract. Notices to the school district/public entity
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.
F.
Advertising
and Promotion of Contract. The
Contractor shall not advertise or publish information for commercial benefit
concerning this Contract without the prior written approval of the Procurement
Officer.
G.
Property of
the School District/Public Entity. Any materials, including reports, computer
programs and other deliverables, created under this Contract are the sole
property of the school district/public entity.
The Contractor is not entitled to a patent or copyright on those
materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these
materials without the prior written consent of the school district/public
entity.
4. Costs and Payments
A. Payments. Payments shall comply with the requirements
of A.R.S. Titles 35 and 41, Net 30 days.
Upon receipt and acceptance of goods or services, the Contractor shall
submit a complete and accurate invoice for payment from the school
district/public entity within thirty (30) days.
The Purchase Order number must be referenced on the invoice.
B. Delivery. Unless stated otherwise in the Contract, all
prices shall be F.O.B. destination and
shall include delivery and unloading at the destinations.
C.
Applicable
Taxes.
1)
Payment of
Taxes by the School District/Public Entity. The school district/public
entity will pay only the rate and/or amount of taxes identified in the Offer
and in any resulting Contract.
2)
State and
Local Transaction Privilege Taxes. The school district/public entity is subject
to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale
and are the responsibility of the seller to remit. Failure to collect taxes from the buyer does
not relieve the seller from its obligation to remit taxes.
3)
Tax
Indemnification. Contractor and all Subcontractors shall pay
all federal, state, and local taxes applicable to its operation and any persons
employed by the Contractor. Contractor shall, and require all Subcontractors to
hold the school district/public entity harmless from any responsibility for
taxes, damages and interest, if applicable, contributions required under
federal, and/or state and local laws and regulations and any other costs
including transaction privilege taxes, unemployment compensation insurance,
Social Security and Worker’s Compensation.
4)
IRS W-9. In order to
receive payment under any resulting Contract, Contractor shall have a current
I.R.S. W-9 Form on file with the school district/public entity.
D. 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 school district/public entity for any payment may
arise under this Contract beyond the current fiscal year until funds are made
available for performance of the Contract. The school district/public entity
will make reasonable efforts to secure such funds.
5.
Contract Changes
A.
Amendments. This Contract
is issued under the authority of the Procurement Officer who signed this
Contract. The Contract may be modified only through a Contract Amendment within
the scope of the Contract 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 or 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.
C. Assignment
and Delegation. The Contractor shall not assign any right nor delegate any
duty under this Contract without the prior written approval of the Procurement
Officer. The Procurement Officer shall not unreasonably withhold approval.
6. Risk
and Liability
A.
Risk of Loss. The Contractor shall bear all loss of conforming
material covered under this Contract until received by authorized personnel at
the location designated in the purchase 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 A.R.S. § 41-621 and § 35-154, the school district/public entity
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 A.R.S. § 41-621 and § 35-154, the Contractor shall
indemnify and hold harmless the school district/public entity against any
liability, including costs and expenses, for infringement of any patent,
trademark, or copyright arising out of Contract performance or use by the
school district/public entity of materials furnished or work performed under
this Contract. The school district/public entity 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 requested, 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.
E. Third
Party Antitrust Violations. The Contractor assigns to the school
district/public entity any claim for overcharges resulting from antitrust
violation the extent that those violations concern materials of services
supplied by third parties to the Contractor toward fulfillment of this
Contract.
7. Warranties
A. Liens.
The Contractor warrants that the materials supplies 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) Of 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. The Contractor warrants that any material or service
supplied to the school district/public entity shall fully conform to all
requirements of the Solicitation 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 subparagraphs A through C of this paragraph are not
affected by inspection testing of or payment for the materials or services by
the school district/public entity.
E.
Year 2000.
1. Notwithstanding
any other warranty or disclaimer of warranty in this Contract, the Contractor
warrants that all products delivered and all services rendered under this
Contract shall comply in all respects to performance and delivery requirements
of the specifications and shall not be adversely affected by any date-related
Year 2000 issues. This warranty shall
survive the expiration or termination of this Contract. In addition, the defense of force majeure shall not apply to the
Contractor’s failure to perform specification requirements as a result of any
date-related data Year 2000 issues.
2.
Additionally,
notwithstanding any other warranty or disclaimer of warranty in this Contract,
the Contractor warrants that each hardware, software, and firmware product
delivered under this Contract shall be able to accurately process date/time
data (including, but not limited to, calculating, comparing, and sequencing)
from, into, and between the twentieth and twenty-first centuries, and the years
1999 and 2000 and leap year calculations, to the extent that other information
technology utilized by the school district/public entity in combination with
the information technology being acquired under this Contract properly
exchanges date-time data with it. If this Contract requires that the
information technology products being acquired perform as a system, or that the
information technology products being acquired perform as a system in
combination with other school district/public entity information technology,
then this warranty shall apply to the acquired products as a system. The remedies available to the school
district/public entity for breach of this warranty shall include, but shall not
be
limited to, repair and replacement of the information technology products
delivered under this Contract. In
Addition, the defense of force majeure
shall not apply to the failure of the Contractor to perform any specification
requirements as a result of any date-related data Year 2000 issues.
F.
Exclusions. Except as otherwise set forth in this Contract,
there are no express or implied warranties or merchant ability fitness.
G.
Compliance
with Applicable Laws. The materials
and services supplied under this Contract shall comply with all applicable
federal, state and local laws, and the Contract shall maintain all applicable
licenses and permits.
H.
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 A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the school district/public entity
is not subject to or barred by any limitations of actions prescribed in A.R.S.
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 Offices, including, without limitation, all purchase orders
received prior to but not fully performed and satisfied at the expiration or
termination of this Contract.
8.
School District/Public Entity’s Contractual Remedies
A.
Right to
Assurance. If the school
district/public entity in good faith has reason to believe that the Contractor
does not intend to, or is unable to perform or continue performing the
Contract, the Procurement Officer 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 the school district/public entity’s option, be the basis for
terminating the Contract under the Uniform General Terms and Conditions.
B.
Stop Work
Order.
1.
The school
district/public entity may, at any time, by written order to the Contractor,
require the Contractor to stop all or any part, of the work called for by this
Contract for a period of up to ninety (90) days after the order is delivered to
the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as
a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with
its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage.
2.
If a stop work
order issued under this clause is canceled or the period of the order or any
extension expires, the Contractor shall resume work. The Procurement Officer shall make an
equitable adjustment in the delivery schedule or Contract price, or both, and
the Contract shall be amended in writing accordingly.
C. Non-exclusive Remedies. The
rights and the remedies of the School district/public entity under this
Contract are not exclusive.
D.
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, the school district/public
entity 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.
E.
Right to
Offset. The school district/public entity shall be
entitled to offset against any sums due the Contractor, any expenses or costs
incurred by the school district/public entity or damages assessed by the school
district/public entity 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. Per A.R.S.
38-511 the school district/public entity may cancel this Contract within three
(3) years after Contract execution without penalty or further obligation if any
person significantly involved in initiating, negotiating, securing, drafting,
or creating the Contract on behalf of the school district/public entity 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 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.
Gratuities. The school
district/public entity may, by written notice, terminate this Contract, in
whole or in part, if the school district/public entity determines that
employment or gratuity was offered or made by the Contractor or a representative
of the Contractor to any officer or employee of the school district/public
entity for the purpose of influencing the outcome of the procurement or
securing the Contract, an Amendment to the Contract, or favorable treatment
concerning the Contract, including the making of any determination or decision
about Contract performance. The school district/public entity, in addition to
any other rights or remedies, shall be entitled to recover exemplary damages in
the amount of three (3) times the value of the gratuity offered by the
Contractor.
C.
Suspension or
Debarment. The school district/public entity may, by
written notice to the Contractor, immediately terminate this Contract of the
school district/public entity 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.
D.
Termination
for Convenience. The school district/public entity reserves
the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the school district/public entity without penalty
recourse. Upon receipt of the written notice, the Contractor shall immediately
stop all work, as directed in the notice, notify all Subcontractors of the
effective date of the termination and minimize all further costs to the school
district/public entity. In the event of termination under this paragraph, all documents,
data and reports prepared by the Contractor under the Contract shall become the
property of and be delivered to the school district/public entity. The
Contractor shall be entitled to receive just and equitable compensation for
work in progress, work completed, and materials accepted before the effective
date of the termination. The cost
principles and procedures provided in A.A.C. R2-7-701 shall apply.
E.
Termination
for Default.
1.
In addition to
the rights reserved in the Uniform Terms and Conditions, the school
district/public entity reserves the right to terminate the Contract in whole or
in part due to the failure of the Contractor to comply with any term or
condition of the Contract, to acquire and maintain all required insurance
policies, bonds, licenses and permits, or to make satisfactory progress in
performing the Contract. The Procurement
Officer shall provide written notice of the termination and the reasons for it
to the Contractor.
2.
Upon termination
under this paragraph, all documents, data and reports prepared by the
Contractor under the Contract shall become the property of and be delivered to
the school district/public entity.
3. The
school district/public entity may, upon termination of this Contract, procure,
on terms and in the manner that it deems appropriate, materials and services to
replace those under this Contract. The Contractor shall be liable to the school
district/public entity for any excess costs incurred by the school
district/public entity reprocuring the materials or services.
F.
Continuation
of Performance through Termination. The Contractor shall continue to perform, in
accordance with the requirements of the Contract, up to the date of
termination, as directed in the termination notice.
10.
Contract Claims
All
Contract claims and controversies under this Contract shall be resolved
according to A.R.S. Title 41, Chapter 23, Article 9, and rules adopted
thereunder.
11. Cooperative
Purchasing
“A.R.S.
R7-2-1191 through R7-2-1195 authorizes and governs intergovernmental Procurements. Greater Phoenix Purchasing Consortium of
Schools “GPPCS” is a group of schools/public entities who have signed such a
cooperative purchase agreement to obtain economies of scale. This Solicitation is being issued by a
selected eligible school district for the benefit of all eligible school
districts/public entities identified therein.”
A. An
eligible school district/public entity shall not use a Consortium
Contract to obtain concessions, including lower prices, from the Consortium
Contractor or any other vendor for the same or similar products, materials,
and/or services.
B. The
eligible school district/public entity shall:
1. Insure
that Purchase Orders issued against eligible Consortium Contracts are in
accordance with terms and prices established in the Consortium Contract.
2. Make
timely payment to the Consortium Contractor for all products, materials, and
services in accordance with the terms and conditions of the Consortium
Contract. Payment, inspection and acceptance of products, materials and
services ordered by the eligible school district shall be the exclusive
obligation of the school district.
3. Be
responsible for the ordering of materials or services under the Contract. The Consortium shall not be liable in any
fashion for any violation by the eligible school district/public entity, and
the eligible school district/public entity shall hold the Consortium harmless
from any liability which may arise from action or inaction of the eligible
school district.
4. The
exercise of any rights or remedies by the eligible school district/public
entity shall be the exclusive obligation of such unit; however, the Consortium,
as the Contract administrator and without subjecting itself to any liability,
may join in the resolution of any controversy should it so desire.
12. Gift Policy
The
Greater Phoenix Purchasing Consortium of Schools (GPPCS) will accept no gifts,
gratuities or advertising products from vendors. The GPPCS has adopted a zero tolerance policy
concerning vendor gifts. Members of the
GPPCS may request product samples from vendors for official evaluation with
disposal of those said samples at the discretion of the Procurement Officer.
SPECIFICATIONS
1. Please note that this RFP requires any
vendor offering a uniform to supply said uniform to the purchasing office on or
before the date and time the bid is due.
The sample shall follow the sizes requested so that you supply size
large if it is youth and size extra large if it is adult. The sample color is not important. Uniform is any jersey, top, shirt, t-shirt,
jacket, pant, short, singlet, or hat.
2. The sample uniform will be tested for
quality of fabrics and seams, looks, comfort, wearablity, freedom of movement,
washability, stain resistance, and other factors as determined by the
districts. These samples will not be
returned in the same condition they were received in. If a sample is not received the district is
not obligated to consider the item.
3. Alternates are encouraged! However, always bid what was asked for. If you have an alternate of like-kind that
you would like to offer, make a copy of the blank page, write alternate across
it and submit as many as you like.
4. Please note:
We are not in an overnight delivery area! Please make sure you have sent your offer in
plenty of time to be received before 10:00
a.m. Mountain Standard Time
on Wednesday, April 26, 2006.
5. Arizona does NOT go on
daylight savings time. Late bids can not
be accepted!
6. Please note, that if there is a conflict
between the description and the part number, 99.5% of the time, the description
is correct.
7. Should there be a tie, award will go to the
vendor who submitted their information on paper as required AND also included a
CD or diskette containing their completed Excel Spreadsheet. If there is still a tie, a coin toss will
select award.
8. If
a vendor is awarded only a few items, they will be given the option of
withdrawing their pricing or accepting small dollar purchase orders.
9. The
column that states “Spec Yes No” is asking, “Does the product offered meet the
specifications that are listed”. If the
product DOES meet specs please mark column with a “Yes”. If the product DOES NOT meet specs please
mark column with a “No”. If a vendor
states the item meets specs and it is found to not meet specs that vendor’s bid
will be thrown out for that item.
10.
QCUSD
requests pricing for the unit measure listed on the spreadsheet. If the product does not come in that
particular unit measure please make the appropriate unit measure changes.
11.
Some
Districts have intramural sports, which run opposite the standard athletic
schedules. As a result, some items
listed may be required “out of season”.
Please state if any item is “seasonal” and would not be available year
round.
12.
Evaluation
criteria:
Criteria Weight
A. Price 30
%
B. Meets Specification 25 %
C. Quality 20 %
D. Warranty 15 %
E. Availability 10 %
F. Delivery Charge 05 %
