2024.01.12 Stevens DOA.pdf

PDF 165 KB Posted

Attached to
Foreign Language Interpretation and Translation Services
Solicitation number
BPM005633
Issued by
Arizona

About this file

This is a legal correspondence from attorney Brian C. Newby of Cantey Hanger representing Translation and Interpretation Network, LLC in response to the Arizona Department of Administration (ADOA) regarding Request for Proposal #BPM005385 for Foreign Language Interpretation and Translation Services. The letter addresses the ADOA's January 4, 2024 communication to the vendor regarding disclosure requirements under Arizona Administrative Code Rule 2-7-103. The vendor submitted a response to the RFP that included designated confidential pricing documents and supplementary pricing notes.

The primary purpose of this correspondence is to formally appeal any determination by the ADOA that would require disclosure of the vendor's confidential contract terms and pricing information. The vendor argues that this information has been ruled confidential by other state attorneys general under similar freedom of information statutes and requests that such materials remain undisclosed pending final determination by the agency's chief procurement officer. The vendor further requests that the ADOA provide appropriate notice with a specified review period prior to any final determination regarding confidentiality status, and seeks guidance on the applicable appellate procedures and timelines available for pursuing this appeal.

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Text version

BRIAN C. NEWBY

DIRECT: 817.877.2825

EMAIL: bnewby@canteyhanger.com www.canteyhanger.com

CANTEY HANGER PLAZA

600 WEST 6TH STREET, SUITE 300

FORT WORTH, TEXAS 76102-3685

MAIN: 817.877.2800

FAX: 817.333.2925

January 12, 2024

VIA EMAIL stephanie.stevens@azdoa.gov Ms. Stephanie Stevens Statewide Procurement Manager Professional Services & Commodities Arizona Department of Administration 100 North Fifteenth Avenue, Suite 402 Phoenix, Arizona 85007

RE: Request for Proposal #BPM005385 – Foreign Language Interpretation and Translation Services

Dear Ms. Stevens, I represent Translation and Interpretation Network, LLC, a vendor that responded to the above referenced request for proposal (“RFP”). Your office sent a letter, dated January 4, 2024, to Rebeca Nini, VP of Business Development related to this RFP. This letter is being sent in response.

My client desires to appeal any determination that AAC R2-7-103 requires the disclosure of confidential contract terms, and in particular pricing information from its RFP response, identified by you as:

Confidential – Supplement – Pricing Document Confidential – Supplement – Pricing Document Notes

This information has been ruled upon by other states attorney general as confidential under statues like the Freedom of Information Act.

In your email of January 4, 2024, you instruct that “Documents that are found NOT to be confidential need to be uploaded without the confidential notation during the BAFO round”. Until a final determination is made by the chief procurement officer, we request that our confidential information, including pricing information, not be disclosed. Further, Ms. Stephanie Stevens Arizona Department of Administration January 12, 2024 request is made that any notice related to the agency chief procurement officer’s determination be provided to my office and include a time period for requesting review.

If you are considered the agency chief procurement officer, my client objects to not receiving an appropriate notice (with a time period for requesting review) prior to determination as required under AAC R2-7-103. If you are not the agency chief procurement officer but a determination is going to be made that information submitted is not confidential, please forward the required notice, with a time period for requesting review, to my attention.

Your courtesy in acknowledgment of receipt of this letter would be greatly appreciated. In addition, a further request is made for references/guidance to your appropriate appellate procedures and timelines under which our client may pursue its appeal.

Sincerely, Brian C. Newby

BCN:kag

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