7-253430RFP -OPEN FIRST.docx

REQUEST FOR PROPOSAL

Executive Summary – #253430RFP

About Us

At Pinal County we take pride in our culture and core values. We find solutions through flexibility, integrity and innovation. We believe in accountability, commitment, and teamwork. We strive to enrich lives beyond expectation! We expect the same from our business partners.

What the County is Soliciting

Pinal County is soliciting a supplier to provide payment processing services to include credit and debit cards and other types of electronic payments for fees assessed by the Pinal County Treasurer’s Office and other County departments.

How the County Anticipates Contracting

The County anticipates making a single award but has the discretion to award to multiple Contractors. Whether or not it actually enters into any contracts, how many contracts it enters into, and how work is awarded between those contracts are all at the County’s discretion. Further, the County will use any awarded contracts on an as-needed basis; it makes no guarantee as to its actual spending under them. The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.

The term of the contract will continue for one (1) year unless canceled, terminated, extended or renewed for a maximum of four (4) additional one-year terms.

Minority Contractor Participation Encouraged DBE/MBE/WBE

Link to Details & Submission Instructions https://pinalcountyaz.bonfirehub.com/opportunities/161835

Critical Dates The following schedule is tentative:

Pinal County Purchasing Department 31 N. Pinal Street, Bldg. A Florence, AZ 85132 Google Meet joining info Video call link: https://meet.google.com/ghp-paiz-yex Or dial:

Solicitation Contact

Eric Zander, CSCP Procurement Officer, Pinal County 520-866-6644 Eric.Zander@pinal.gov

Table of Contents

Attachments:

B-3 Conformance Statements B-4 Supplier Contact Information B-5 Questionnaire (Q-57LW) B-6 Pricing Document

C Draft Contract

Instructions to Offerors

DEFINITIONS

Standard definitions can be referenced within the Pinal County Procurement Code using the following link and will apply to the entire solicitation document: https://www.pinal.gov/DocumentCenter/View/10326/Definitions-PDF.

INQUIRIES

Duty to Examine. It is the responsibility of each Responder to examine the entire solicitation, seek clarification in writing (inquiries), and examine its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for modifying or withdrawing the offer after the due date and time, nor shall it give rise to any contract claim.

Solicitation Contact Person. Direct all inquiries related to the solicitation, including requests for or inquiries regarding, standards referenced in the solicitation, to the Procurement Officer. Do not contact any County personnel other than the Procurement Officer concerning the solicitation while in progress, through and including award.

Submission of Inquiries. Questions shall be submitted on or before the question due date in the “Vendor Discussions” section of Bonfire using the link noted on the Executive Summary. Answers to questions will be posted as an addendum in the “Supporting Documentation” section in Bonfire. Registered suppliers will be notified when the addendum has been posted. Any correspondence related to a solicitation should refer to the appropriate page and paragraph number of the solicitation, if applicable. The Procurement Officer will not respond to inquiries received in any other manner.

Verbal or Email Responses. Do not rely on verbal or email responses to inquiries as those do not constitute a modification of the solicitation. Only a solicitation addendum issued by the Procurement Officer in Bonfire can modify the solicitation.

PRE-SUBMITTAL CONFERENCE

The County will not conduct a Pre-Submittal Conference for this Solicitation.

OFFER PREPARATION

4.1 Online Documents. The solicitation documents are only provided online in Bonfire. The County will not provide any printed copies or other formats.

4.2 Deviations and Changes in Offer. Any unidentified alteration or modification to any Solicitation documents shall be null and void. Only modifications made through the use of the Attachment B-3 “Conformance Statements” will be considered by the County. Modifications are not permitted after offers have been opened except as permitted as part of contract negotiations.

4.3 Value Add Products or Services. Contractors are strongly encouraged to offer innovative and value-add products and/or services which are not specifically addressed as line items in the solicitation. Pricing offered should be noted on the pricing pages of the Contractor response in the format requested.

4.4 Evidence of Intent. The Offer Form within the solicitation shall include a signature by Responder’s duly, authorized officer, executive, principal, or agent. The signature will be deemed to signify the Responder’s intent to be bound by the offer and the terms of the solicitation and the Responder’s representation that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound may result in rejection of the offer.

4.5 Exceptions to Solicitation Documents. If the submission of the offer is conditioned on exceptions to any of the solicitation documents, indicate “NO” on Attachment B-3 "Conformance Statements" and provide the required justification. Any exceptions taken elsewhere in an offer or any preprinted or standard terms will be void in that offer and without force or effect in any resulting contract unless such exception is specifically accepted by the Procurement Officer in a written statement.

4.6 Cost of Offer Preparation. The County will not reimburse any Responder any costs associated with responding to the solicitation.

4.7 Identification of Taxes in Offer. The County is subject to Arizona Transaction Privilege Tax (TPT) and local sales/use taxes, as set forth in the contract terms and conditions. Taxes shall be identified as separate items by amount or by rate, as applicable, in the offer.

4.8 Excise Tax. The County is exempt from certain federal excise tax on manufactured goods. The County will provide the necessary exemption certificates as evidence.

4.9 Employer Identification. Responder agrees to provide an employer identification number (EIN) or social security number to the County for the purposes of reporting monies paid by the County under the contract to appropriate taxing authorities; the submission is mandatory under 26 U.S.C. § 6041A. If that identifier is the social security number, the County will only use it for tax reporting purposes and the County shall only share it with appropriate County and federal officials.

4.10 Offer Validity Period. Responder shall hold the offer open for one hundred eighty (180) days after the solicitation due date indicated within the Executive Summary section of this solicitation.

4.11 Confidential Information. If a Responder believes that a portion of their proposal (or protest or other correspondence) contains a trade secret or other proprietary information, the Responder must:

a. Indicate and submit a statement with its Offer that the proposal contains such claimed confidential information and the period of time the information is claimed to be confidential and;

b. Designate clearly in the proposal each instance of that trade secret or other proprietary information using the term “confidential”.

Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under the Pinal County Procurement Code PC1-104.

The Finance Director shall review the claim of confidentiality and provide a written determination. Until a written determination has been made, the information will not be disclosed to anyone who does not have a legitimate County interest.

NOTE: Contract terms and conditions, pricing, and information generally available to the public are not and will not be designated confidential information. Company financial information and W9’s are considered confidential and have been pre-determined as such unless otherwise indicated in the solicitation.

SUBMISSION OF PROPOSALS

5.1 Electronic Submittal. Proposals will only be accepted online through the Pinal County Bonfire portal at https://pinalcountyaz.bonfirehub.com/opportunities/161835.

The County will not consider a proposal submitted by any other method other than through Bonfire, and it will be deemed void upon submission.

Using Bonfire requires a certain level of technical competency. Carefully select staff to submit proposals and handle other solicitation administration matters in Bonfire. Bonfire Help Desk will be able to assist with technical questions but will not have ability to complete the Responder’s submittal tasks.

5.2 Requested Information. All requested information is listed in Attachment B.

a. Required Information. All requested information listed in Attachment B that has been identified as “Required” MUST be submitted as part of the Responder’s proposal.

c. Format. The maximum upload file size is 1000MB. Responders shall not embed any documents within your uploaded files, as they will not be accessible or evaluated.

5.3 Due Date. Proposals must be uploaded, submitted, and finalized prior to the proposal due date and time indicated in the Executive Summary. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before closing time to begin the uploading process and to finalize your submission. Submittal instructions can be found on Attachment B.

5.4 Late Proposals. Late proposals will not be considered. The County will give no extension or grace period for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in Bonfire.

5.5 Offer Amendment or Withdrawal. An offer may not be amended or withdrawn after the proposal due date and time unless expressly permitted under applicable law.

5.6 Public Record. All offers submitted and opened are public records and must be retained by the County for a minimum of six (6) years. All offers are open to public inspection after contract award, except for any portions determined to be confidential by the County.

RESPONSIBILITY, RESPONSIVENESS, AND SUSCEPTIBILITY OF AWARD

6.1 When determining if a Responder is responsible under Pinal County Procurement Code, the Procurement Officer may consider whether the Responder:

a. Has had a contract within the last 5 (five) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

b. Has a record of performance that includes factual evidence of failure to satisfy the terms of the Responder's agreements with any party to a contract, with factual evidence consisting of documented supplier performance reports, customer complaints and/or negative references;

c. Submitted excessively high or low pricing;

d. Is legally qualified to contract with the County, including whether there are any suspensions, debarments, or other preclusions from participating in a public procurement activity; and/or

e. Has the resources to perform as required.

6.2 Not Susceptible for Award. When determining if the offer is not susceptible for award, the Procurement Officer may consider whether the offer:

a. Is sufficient for evaluation;

b. Attempts to materially change the contents of the solicitation;

c. Would limit the County's rights or remedies if accepted;

d. Is subject to or includes unreasonable conditions with the Procurement Officer being the determiner as to the reasonableness of a condition; or

e. Provides any misleading or inaccurate information.

6.3 Omitted or Incomplete Attachments. If the offer does not include all required documents or if any required document has not been completed in conformance to the specific instructions, the Procurement Officer may:

a. Instruct the Responder to provide the omitted documentation as a clarification if the omission is deemed by the Procurement Officer to be an inadvertent mistake or a misinterpretation of the submission requirements;

b. Further consider the offer, but it may affect the evaluation score of the proposal if the omission is significant but not material; or

c. Determine that the offer is not susceptible for award if the omission or incompleteness is material.

6.4 Financial Stability. Responder must be able to substantiate its financial stability to the County’s satisfaction as a condition to contract award. The Procurement Officer may request documentation such as current financial statements directly from the Responder or obtain reports from independent financial rating services. Not providing the evidence will entitle the Procurement Officer to deem the offer non-responsive.

EVALUATION

7.1 Criteria. In accordance with the Pinal County Procurement Code, awards shall be made to the responsible Responder(s) whose proposal is determined in writing to be the most advantageous to the County based upon the evaluation criteria listed below.

7.2 Evaluation Method. Primary Evaluation: An evaluation committee will be used to evaluate specific submittal forms and participate in the demonstration process. The evaluation committee individuals may, or may not, have technical expertise with this particular type of project or service, therefore, it is important that Responders prepare proposals with that in mind.

Secondary Evaluation: A short list of Responders may be identified as a result of the primary evaluation. The Procurement Officer retains the right to determine the number of Responders to short list based on the competitiveness of the proposals and/or from feedback from the evaluation committee. The short listed Responders may be required to provide financial statements and will be invited to participate in a product demonstration that may include questions and answers. Only those Responders who participate in demonstrations are eligible to receive additional points for their demonstrations.

7.3 Consideration of Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more will be deducted from the offer prices for the purpose of evaluation.

7.4 Consideration of Taxes. Arizona Transaction Privilege Tax (TPT) and other sales/use taxes will not be included for the purpose of evaluating offer prices.

7.5 Unit Price Prevails. In the case of a discrepancy between the unit price or rate and an extension of that unit price or rate, the unit price or rate will prevail.

7.6 Cost is an Essential Consideration. Regardless of the relative order assigned to cost in the evaluation criteria listed above, it is an essential consideration in every award the County makes. The County’s intent is always to obtain the best pricing available and it strives to make its evaluations be a straightforward comparison of best value between the responsible and responsive proposals as far as possible to the extent permissible under applicable law.

7.7 Clarifications. The Procurement Officer may request oral or written clarifications including demonstrations or questions and answers for the purpose of gaining greater understanding of the offer. Clarifications shall not otherwise afford the Responder the opportunity to alter or make a material change its offer.

7.8 Negotiations. In accordance with the Pinal County Procurement Code, the Procurement Officer may conduct negotiations with those Responders whose offers are determined to be reasonably susceptible for award. The purpose of negotiations is to achieve best value for the County. Negotiations may be conducted verbally or in writing and may include presentations, site visits or demonstrations. The Procurement Officer will request Best and Final Offers from any Responders with whom negotiations have been conducted. The County may make an award without conducting negotiations with any suppliers; therefore all offers must be submitted with the most favorable terms.

7.9 Waiver and Rejection. Notwithstanding any other provision of the solicitation, the County reserves the right to a) waive any minor informality; b) reject any or all offers or portions thereof; or c) cancel the solicitation.

CONTRACT AWARD

8.1 Contract Inception. The Responder’s offer does not constitute a contract nor does it confer any right on the Responder to the award of a contract. The County will send the final, negotiated contract to the Responder(s) being considered for award. The Responder must sign and submit the final, negotiated contract to the Procurement Officer within the time requested. If the County does not receive the signed contract and any other required documentation by the deadline provided by the Procurement Officer, the County may consider awarding a contract to the next highest-ranked Responder. A contract is not created until it is signed by the Board of Supervisors, County Manager, Chief Financial Officer, or their designee. A notice of award or intent to award will not constitute the County’s acceptance of the offer.

8.2 Contract Effective Date. The effective date of this contract shall be the date that the Board of Supervisors, County Manager, Chief Financial Officer, or their designee signs the contract, unless another date is specifically stated in the “Contract Term” of the contract.

8.3 Contract Document Consolidation. The County may, at its option, consolidate the resulting contract documents after contract award. Examples of such consolidation are reorganizing solicitation documents and those components of the accepted offer not pertaining to the contract’s operation, revision of the Scope of Work to incorporate the Contractor’s response, revision of any terms and conditions to incorporate negotiated changes to those terms and conditions, exclusions of any components of the Contractor’s offer that were not awarded. Contract consolidation shall not materially change the solicitation or the contract.

8.4 Notice to Proceed. The Contractor agrees to render goods or services promptly and diligently upon receipt of a written purchase order or notice to proceed. Prior to receiving this notice, Contractors shall not commence any billable activities in the performance of the contract. Any attempt to represent any product not specifically awarded under this contract is a violation of the contract. Any such action is subject to the legal and contractual remedies available to the County, inclusive of, but not limited to, contract termination, suspension and/or debarment of the Contractor. A signed contract and valid purchase order must be in place prior to the start of any work each year, including extension periods.

8.5 Post Award Meeting. The Contractor may be required to attend a post-award (kickoff) meeting with County stakeholders to discuss the terms and conditions, scope of work requirements, timelines, or any other contract related topics.

8.6 Insurance Certificates and Bonds. Prior to commencing performance under a resultant contract, Contractors shall provide certificates of insurance and/or any bonds or other performance surety called for in the contract.

PROTEST

Any protest must comply with and be resolved according to Article 9 of the Pinal County Procurement Code and rules adopted thereunder. Protests must be filed in writing with the Procurement Officer.

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