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NOTICE OF REQUEST FOR PROPOSAL (OR INVITATION FOR BID)
Material and/or Service: *
Proposal DUE DATE: * Time: *
Opening Location:
Location
In accordance with School District Procurement Rules
in the Arizona Administrative Code (A.A.C.) promulgated by the State Board of
Education pursuant to A.R.S. 15-213, Proposals for the material or services
specified will be received by the <School District Name>, at the
above specified location, until the time and date cited. Proposals received by the correct time and
date shall be opened and the vendors submitting shall be publicly read. All other information contained in the
Proposal shall remain confidential until award is made. If you
need directions to our office, please call <contact phone number>.
Proposals shall be in
the actual possession of the District, at the location indicated, on or prior
to the exact time and date indicated above.
Late Proposals shall not be considered.
Proposals must be
submitted in a sealed envelope using the District provided label and/or
envelope with the solicitation number and Offeror’s name and address clearly
indicated on the envelope. All Proposals
must be written legibly in ink or typewritten.
Additional instructions for preparing a Proposal are provided herein.
This Proposal is being done by the <School
District Name> as a member of the Greater
VENDORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ
THE ENTIRE REQUEST FOR PROPOSAL.
____________________________________________
<Name>
<Phone>
<Fax>
<Email>
COOPERATIVE PURCHASING
This solicitation is
being done by the <Your School Name>
as a member of the Greater Phoenix Purchasing Consortium of Schools (GPPCS) 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 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 is a list of
current member districts in the Consortium who potentially may wish to utilize
this contract. Other school districts in
and around the
Greater
|
1. |
29. |
|
2. |
30. |
|
3. Apache Junction Unified |
31. |
|
4. |
32. |
|
5. |
33. Maricopa Unified |
|
6. |
34. |
|
7. |
35. |
|
8. |
36. |
|
9. |
37. |
|
10. |
38. |
|
11.
Cave Creek Unified |
39. |
|
12. |
40. |
|
13. Coolidge
Unified |
41. |
|
14. |
42. |
|
15. |
43. |
|
16.
Dysart Unified |
44. Queen Creek Unified |
|
17.
East Valley Institute of Technology |
45. |
|
18. |
46. |
|
19.
Fountain Hills Unified |
47. |
|
20. |
48. |
|
21.
Gilbert Unified |
49. |
|
22. |
50. |
|
23. |
51. |
|
24.
Higley Unified |
52. |
|
25. |
53. |
|
26.
J.O. Combs Unified |
54. |
|
27. |
55. |
|
28. Laveen
Elementary School District #59 |
56. |
|
|
|
57.
Section Page
Uniform Instruction to Offerors...................................................................................................................... 3
Uniform General Terms and Conditions............................................................................................................
Special Terms and Conditions..........................................................................................................................
Scope of Work...............................................................................................................................................
Proposal Requirements....................................................................................................................................
Proposal Cost Form........................................................................................................................................
Offer and Acceptance Form............................................................................................................................
Non-Collusion Statement.................................................................................................................................
I.R.S. W-9 Form, Request for Taxpayer Identification Number........................................................................
DOCUMENTS REFERENCED:
You may access a copy of the documents referenced within this proposal
at the following web addresses:
Arizona Revised Statutes (A.R.S.) is available at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
The Arizona School District Procurement Rules in the Arizona
Administrative Code is available at:
http://azsos.gov/public_services/Title_07/7-02.htm#Article_10
I.R.S W-9 Form (Request for Taxpayer I.D. Number) is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf
1. Definition of Terms
As
used in these instructions, the terms listed below are defined as follows:
A.
“Attachment” 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 (Addenda) 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.
“Exhibit” 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 his or her designee.
K.
“Solicitation” means an Invitation for Bids (IFB), a Request for
Proposals (RFP), or a Request for Quotations (RFQ).
L.
“Solicitation
Amendment (or Addendum)” 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.
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
Inquiries. 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 or Addendum. An Offeror may not rely on verbal responses to its
inquires.
F. Solicitation
Amendments/Addenda. The Solicitation
shall only be modified by a Solicitation Amendment or Addendum.
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 or Addendum.
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.
1.
Invitation for
Bids: An Offer that takes exception to a material requirement of any part of
the Solicitation, including terms and conditions, shall be rejected.
2.
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.
E.
Subcontracts. Offeror shall
clearly list any proposed subcontractors and the subcontractor’s proposed
responsibilities in the Offer.
F.
Cost of Offer
Preparation. The District will not reimburse any Offeror
the cost of responding to a Solicitation.
G.
Solicitation
Amendments/Addenda. Unless otherwise
stated in the Solicitation, each Solicitation Amendment or Addendum 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 or Addendum or to follow the
instructions for acknowledgement of the Solicitation Amendment/Addendum shall
result in rejection of the Offer.
H.
Federal Excise
Tax. School Districts/public entities
are exempt from Federal Excise Tax on manufactured goods. Exemption
Certificates will be prepared upon request.
I.
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.
J.
Identification
of Taxes in Offer. School Districts/public entities are subject
to all applicable state and local transaction privilege taxes. If
K.
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.
L.
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
M. 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
7. Protests
A
protest shall comply with and be resolved according to Arizona Department of
Education School District Procurement Code Rule A.A.C. R7-2-1141 through
R7-2-1153. Protests shall be in writing and be filed with the District
Representative, Anita McLemore, Purchasing Agent. A protest of a Solicitation shall be received
by the District Representative 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, addresses, 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.
“Attachment” means any item the Solicitation requires an Offeror to submit as
part of the Offer.