BMP004746_IFB_Laundry_and_Linen_ASVH-Y_Part_1.pdf

STATE OF ARIZONA

Department of Veterans’ Services

NOTICE OF INVITATION FOR BID

ARIZONA DEPARTMENT

OF VETERANS’ SERVICES

3839 N. 3rd Street Phoenix, Arizona 85012

Cover Page

SOLICITATION NUMBER:

BPM004746 - PART 1, LOT 1, ROUND 1

SOLICITATION DUE

DATE/TIME:

August 11, 2022

SUBMITTAL LOCATION: https://app.az.gov

DESCRIPTION: Laundry and Linen Services for ASVH-Y

PRE-BID CONFERENCE:

ADVS will not conduct a Pre-Bid Conference for this

Solicitation.

In accordance with Arizona Revised Statute (A.R.S.) § 41-2533, competitive sealed bids for the services specified will be received by the Arizona Department of Veterans’ Services (ADVS) online in the State of Arizona’s online procurement system APP, at https://app.az.gov . Bids received by the due date and time will be opened. The name of each Bidder will be publicly available. Bids must be submitted in the State of Arizona's Procurement Portal on or prior to the date and time indicated. Late Bids will not be considered. It is the responsibility of the bidder to routinely check the APP web site for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Bidders shall download and save attachments to their computer, save the information entered, and submit (upload) the completed information as a new, appropriately renamed Attachment in the State’s e-Procurement system. The State’s e-Procurement system will not save information entered directly on the attachments.

It is the Bidder’s responsibility to routinely check the State’s e-Procurement system, Arizona Procurement Portal for Solicitation Amendments.

Inquiries regarding the solicitation are required to be submitted online through the State’s e-Procurement system using the Discussion Forum Tab, five (5) calendar days prior to the Solicitation due date. NOTE: Questions on how to submit the bid shall be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or (602) 542- 7600.

For submittal of an exception or to request a substitution to the solicitation, see Uniform Instructions to Bidders, section 2.4, Timeliness.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to the Solicitation contact person named below.

BIDDERS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION CAREFULLY.

Solicitation Contact:

Monica Delarosa

Procurement Officer

Arizona Department of Veterans’ Services

Phone: 602-234-8407

Email: mdelarosa@azdvs.gov https://app.az.gov/ https://app.az.gov/

Part One (1) – Table of Contents

OF VETERANS’ SERVICES

3839 N. 3rd Street Phoenix, Arizona 85012

INVITATION FOR BID No.: BPM004746

Laundry and Linen Services for

ASVH-Y

*The following Table of Contents applies to all attachment documents in APP for this Solicitation*

SECTION CONTENT

I. Pre-Solicitation Documents Legal Notice

II. Part One (1) Notice Page

Table of Contents

Specifications

Special Terms and Conditions

Uniform Terms and Conditions

III. Part Two (2) Special Instructions to Bidders

Uniform Instructions to Bidders

IV. Attachments located in APP within the “Technical Questionnaire” tab:

Attachment A: Offer and Acceptance

Attachment B: References

Attachment C: Experience and Capacity Questionnaire

Attachment C-2: Key Personnel

Attachment C-3: Proposed Subcontractors

Attachment D: Designation of Confidential, Trade Secret and Proprietary Information

Attachment E: Boycott of Israel Disclosure

Attachment F: COVID-19 Mandate

Part One (1) – Specifications

3839 N. 3rd Street

Laundry and Linen Services for ASVH-Yuma

I. SPECIFICATIONS

1. INTRODUCTION:

1.1 The Arizona Department of Veterans’ Services (ADVS) is seeking a contract to provide the Laundry and Linen Services for the Arizona State Veteran Home in Yuma (ASVH-Y). All Arizona State Veterans’ Homes are state-owned and operated facilities built to serve the long-term needs of the veterans and their spouses in Arizona.

2. BACKGROUND:

2.1 The services provided by all Arizona State Veterans’ Homes must adapt to meet the ever-changing health care needs of the population served. Care provided is based on the most currently accepted knowledge, practices, and technologies implemented through skilled personnel. In all levels of care, interdisciplinary approaches are planned with the resident and/or family to meet his or her needs. Programs are aimed at meeting long-term health care needs and encouraging wellness though preventive and rehabilitative services offered to assist in attaining and maintaining optimal functioning. Person Centered Care is practiced daily.

2.2 ASVH-Y is a skilled nursing facility located at 6051 E. 34th Street, Yuma, AZ 85365. This facility will offer eighty (80) beds and operates seven (7) days a week, twenty-four (24) hours a day. The Arizona State Veterans’ Home – Yuma consists of four (4) buildings that are each twenty (20) bed long–term care units.

One (1) of the units consist of twenty (20) beds in the Memory Care Unit.

2.3 Age, disability, or terminal illness should not limit the individual's right to experience life to the fullest extent possible. Despite the complexity of care required and the degree of disability, the Arizona State Veteran Home strives to provide care that promotes the resident's dignity, self-determination, happiness, and well-being in a home-like environment. Basic to the emphasis is fostering the individual to be a self-determining and independent as possible.

2.4 The Arizona State Veteran Homes are committed to quality care. It is important to anticipate trends in care needs and plan services to meet those trends, evaluate the care provided, research new approaches, and update programming. The Arizona State Veteran Homes have the responsibility to share findings with others involved in long-term health care services.

3. OBJECTIVE:

3.1 The intent of this solicitation is to allow ADVS to enter into a contract with qualified individuals and/or organizations to provide Laundry and Linen Services for the residents of ASVH-Y.

3.2 The Contractor shall provide Laundry and Linen Services to ASVH-Y in accordance with the provision and requirements specified in the solicitation. ADVS does not guarantee the use of any resultant contract or the need for performance of services at the level indicated in this solicitation

4. SPECIFICATIONS:

The Contractor shall provide service for the ASVH-Y in accordance with the provisions and requirements set forth herein. The Contractor shall provide qualified and trained service personnel to perform all the required services.

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The Contractor shall provide the following:

4.1 Provide the Arizona Department of Veterans' Services a complete linen rental program. The program shall include full inventory, complete laundering and finishing, pick-up and delivery, and stocking inventory at location(s) as defined by the ASVH-Y facility

4.2 Comply and ensure that the following Industry Standards guidelines are being followed:

4.2.1 Guidelines for Environmental Infection Control in Health-Care Facilities Recommendations of

CDC and the Healthcare Infection Control Practices Advisory Committee (HICPAC)

4.2.2 APIC Text of Infection Control & Epidemiology, 2nd Edition 2005 Chapter 103 Guidelines for

Laundry in Health Care Facilities.

4.2.3 Occupation Safety and Health Administration (OSHA), Regulations (Standards 29 CFR)

4.3 Provide all necessary personnel, equipment, tools, materials, supervision, transportation, and other items and services necessary to perform linen/Laundry and Linen Services as defined in the Scope of Work

5. RESPONSIBILITES:

The Contractor shall:

5.1 Pickup Schedule:

5.1.1 ASVH-Y: The Contractor shall pick-up soiled linen at ASVH-Y four (4) days per week. The

Contractor may propose a reduced schedule; i.e. four (4) days per week provided that the soiled linen carts (Approximately four (4) per day) are not overfilled with soiled linen).

5.2 Delivery:

5.2.1 ASVH-Y: The Contractor shall deliver clean linen to ASVH-Y four (4) days per week. The

Contractor shall be responsible to ensure that delivery is completed on time. The Contractor shall not alter the delivery schedule without seeking written approval from the Housekeeping Manager.

Delivery time shall be between 8:00 am and 12:00 pm for this facility. Deliveries will go through centralized receiving and then Contractor will deliver to four (4) separate resident buildings.

5.3 Inventory:

5.3.1 ASVH-Y: Conduct inventory on a weekly basis of laundry closets, and make adjustments as needed.

5.3.2 Deliver any inventory shortages within six (6) hours.

5.3.3 Deliver finished items that conform to the industry standards of quality of cleanliness, finish and appearance. All work performed shall be done under sanitary conditions. The items shall not only be clean in the sense of being free from soil, stains, spots, dust, solvent, and chemical odors, but also free from bacteria, and other micro-organisms, including pathogens or disease producing organisms.

5.3.4 Package laundry for delivery. The following is the minimum requirement or packaging of laundry:

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5.3.4.1 All Hypo-Allergenic items other than bags shall be wrapped in clear film.

5.3.5 Responsible for properly handling the contaminated laundry, in accordance with the standard commercial infection control procedures. Contaminated laundry will be given to the Contractor in easily identifiable bags.

5.3.6 Deliver and replace acceptable items that may need re-performance of laundered at that time, make adjustments to the account. At the sole discretion of ASVH-Y leadership, any items found not to meet the standards of this requirement, shall be returned and credited to the account.

5.3.7 Supply an appropriate quantity (Currently four (4)-wheeled bulk delivery carts) to facilitate movement of soiled linen. The carts are to have the following minimum features:

5.3.8.1 Easily cleaned and washable;

5.3.8.2 Free rolling ball bearing casters for ease of movement when full;

5.3.8.3 Ability to be labeled with contents, description and weighed easily; and

5.3.8.4 Carts to be clearly marked with the vendors Name or Logo.

5.3.8 Contractor will be responsible for all maintenance and upkeep of the carts including regular cleaning, wheel maintenance and replacement as needed, or requested by ASVH-Y.

5.3.9 Shall supply laundry bags for the soiled linen.

5.3.10 Maintain an emergency supply of linens to cover short-term disruptions in delivery or usage due to unforeseen circumstances.

5.3.11 Be responsible for providing inventory quantities through an individually managed program.

Sufficient inventory must be delivered to meet residents’ daily needs.

5.3.12 Secure that clean linen should be transported and stored by methods that will ensure its cleanliness.

5.3.13 Supply laundry bags to be used for soiled linen. ASVH-Y staff will place bags of soiled linen into the delivery carts supplied by the Contractor.

5.3.14 Return all lost and found items within the next delivery day.

5.3.15 Provide ASVH-Y with a delivery ticket for each delivery. The delivery tickets shall be provided for each delivery and shall include at a minimum the following information:

5.3.15.1 Itemized number of items delivered;

5.3.15.2 Date of delivery; and

5.3.15.3 Include one copy of each delivery ticket with the monthly invoice for payment

5.3.16 Submit monthly invoices and shall include at a minimum the following information:

5.3.16.1 Contract Number;

5.3.16.2 Period of time covered;

5.3.16.3 Summary of weekly charges and total cost for that month;

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5.3.16.4 Delivery tickets for that month; and

5.3.16.5 A description fo any additional charges.

5.3.17 Training to ASVH-Y that will assure the proper operation and utilization of the items supplied if requested.

5.3.18 Provide ASVH-Y separate usage reports. The format and frequency of the report shall be at the discretion of the facility and shall disclose the quantity and dollar value of each item by individual unit.

5.3.19 Provide Hypo-Allergenic items in quantities and frequencies requested.

5.3.20 Upon notification of termination of this contract and throughout transition process, Contractor will provide products and services as needed to ensure the smooth transition to eliminate impact on the residents. During this period the Contractor will maintain the pricing on the expiring contract.

5.3.21 The following are specifications on the linen that the Contractor shall be responsible for providing to ASVH-Y:

5.3.21.1 Sheet, Flat Twin White: Flat Sheets are to be sized to fit 66” x 104” bed. They are to remain soft through repeated washings and be constructed of a cotton/polyester or percale material. They are to be delivered pressed.

5.3.21.2 Sheet, Fitted Twin White: Fitted Sheets are to be sized 80” x 36” x 6”, with sufficient oversize to allow the edges to be tucked securely, even with the presence of a mattress and/or incontinent pad. They are to remain soft through repeated washings and be constructed of a cotton/polyester or percale material.

5.3.21.3 Sheet, Bariatric: Bariatric Sheets are to be sized 82” x 42” x 14”, with sufficient oversize to allow the edges to be tucked securely, even with the presence of a mattress and/or incontinent pad. They are to remain soft through repeated washings and be constructed of a cotton/polyester or percale material.

5.3.21.4 Standard Pillow Case, White: Pillow cases are to be sized to fit a standard 16” x 24” pillow. They should be constructed of a cotton/polyester blend or percale to promote maximum resident comfort. They are to be delivered pressed.

5.3.21.5 Blanket, Thermal, Pastel Color: Thermal blanket are to be sized 66” x 90 and designed to provide the resident with additional warmth and comfort. They can be of a plush nature, but shall be designed to remain soft through washing, without significant loss of thermal capability. Vendor shall provide a variety in color options.

5.3.21.6 Blanket, Cotton: Cotton Blanket are to be sized 50" x 60" and designed to provide the resident with additional warmth and comfort. The cotton blanket shall be constructed of cotton and maintain softness through repeated washings.

5.3.21.7 Bed Underpad: Bed Underpad are to be fitted to avoid bunching and to be used to isolate resident from vinyl-covered mattress. The size is 34” x 36” quilted design to control and absorb liquids and must be made of material that maintains padded nature or softness through repeated washings.

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5.3.21.8 Towel, Bath: Bath Towels are used to dry residents after bathing. They must be sized accordingly so as to allow full drying of resident. They are to be constructed of “Heavyweight” terry cloth, minimum size 24” x 48”. It is critical that they remain soft and absorbent through repeated washings.

5.3.21.9 Wash Cloth: Wash Cloths are used in the bathing of residents. They are to be constructed of “Heavyweight” terry cloth, minimum size 12” x 12”. It is critical that they remain soft and absorbent through repeated washings.

5.3.21.10 Gown: Gowns are used for residents. It is critical that the gowns angle back with overlap and ties at back of the neck and waist. They shall be provided in a small, medium, large, x-large and xx-large. They are to be delivered pressed. Sweep: 61”, Length: 38”.

6. REQUIREMENTS:

6.1 The Contractor shall have, at a minimum:

6.1.1 The ability to successfully perform all requirements of this contract.

6.1.2 The ability to create and manage numerous individual accounts for order and placement.

6.1.3 Inventory and transportation capacities sufficient to meet customer demand and contract delivery requirements.

6.1.4 Qualified and trained personnel capable of servicing all ASVH-Y with all requirements of this contract.

6.1.5 Customer dispute resolution services (at transaction level), multiple account set up and management, expediting services (order follow up), customer assistance.

7. ADDITIONAL REQUIREMENTS AT CONTRACT AWARD:

The Contractor shall:

7.1 Provide a valid Certificate of Liability Insurance (COI) within five (5) business days of notice of contract award that includes all the specific types of insurance and other requirements as listed in the Special Terms and Conditions Insurance Provision 19. ADVS will not be able to issue a Purchase Order for the commencement and continuation of services without a current and valid COI on file with the Procurement Office.

7.2 The Contractor will be paid in accordance with the Contract amount, as accepted by ADVS, and ASVH-Y.

The Contractor’s sole compensation will be from the Contract amounts annotated on Price List in the State Procurement Portal (APP) and for satisfactorily carrying out its obligations under the contract.

7.3 The State will not pay for services, any travel expenses, and/or products in advance. Payments will be made upon completion of services as shown by an itemized invoice, submitted by the Contractor by the 30th day of the month following service. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary information needed to properly review.

7.4 All products offered shall be available for ordering at the time of contract award and throughout the life of the contract.

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7.5 The Contractor shall provide general help and ordering assistance including toll-free phone and web-based support Monday through Friday, 8:00 AM to 5:00 PM MST.

7.6 The Contractor shall provide products at the discount price offered in response to this IFB and shall perform in accordance with the contracts requirements, terms and conditions contained in this document.

7.7 The Contractor shall offer a full satisfaction guarantee. Any item that is received in error or in a defective and/or damaged condition shall be replaced within ten (10) days from notification at no cost to ADVS.

8. PRICING:

8.1 Pricing All Inclusive:

8.1.1 Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Scope of Work and all aspects of Contractor’s offer as accepted by the State (i.e. setup, plate making, pre-press, estimated shipping, or other incidental charges). Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs and profit and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

8.2 Price Increases:

8.2.1 The State Procurement Office may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product concerned. Contractor must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price Index, or similar pricing guide.

8.2.1.1 Initial Contract prices will be honored for one (1) year after award of the Contract.

8.2.1.2 All written requests for price adjustments made by the contractor shall be initiated thirty (30) days in advance of any desired price increase to allow State sufficient time to make a fair and equitable determination to any such requests. This may be waived upon proper documentation demonstrating the urgency of the request.

8.2.1.3 All price adjustments will be implemented by a formal contract change order. State shall determine whether the requested price increase or an alternate option is in the best interest of State.

8.3 Price Reductions

8.3.1 Price reductions shall be immediately passed along to the State and may be submitted in writing to the

State for consideration at any time during the Contract period. The contractor shall offer the State a price reduction on the Contract product(s) concurrent with a published price reduction made to other customers. State at its own discretion may accept a price reduction. The price reduction request shall be in writing and include documentation showing the actual reduction of cost.

8.4 Additional Charges

8.4.1 Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the

Contract. All additional work shall be approved by the State in advance and be in accordance with the contrite rate.

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8.5 Price Quotes

8.5.1 The State requires that the Contractor acknowledge via email any request for price quote they receive from ASVH-Y within twenty-four (24) hours of receiving this request. In this acknowledgement email, the Contractor can also provide the price quote if possible. If it is not possible to provide the price quote within in the initial twenty-four (24) hours period, then the Contractor is required to give the ASVH-Y an estimated date by when the Contractor will provide the price quote to the ASVH-Y.

9. NOTCIES, CORRESPONDENCE, AND INVOICING:

9.1 Notices and correspondence from the Contractor to ADVS shall be sent to:

Arizona Department of Veterans’ Services Procurement Unit 3839 N. 3rd Street

9.2 Contractor shall submit all billing notices or invoices to the ordering ASVH-Y at the address indicated on the applicable order document.

9.3 Contractor shall submit all invoices to accountspayable@azdvs.gov

9.4 All invoice must include the following information:

9.4.1 Bill-to name and address,

9.4.2 Contractor name and contract information,

9.4.3 Remit-to address,

9.4.4 Contract number,

9.4.5 Order number,

9.4.6 Invoice number and date,

9.4.7 Date of service,

9.4.8 Contact line item number and description,

9.4.9 Quantity,

9.4.10 Unit of measure,

9.4.11 Item price,

9.4.12 Extended pricing,

9.4.13 Discount off list or catalog,

9.4.14 Taxes (if applicable) as a separate invoice line item,

9.4.15 Total invoice amount due

9.5 No Invoice without Authorization:

9.5.1 Contractor shall not seek payment for any of the following:

9.5.1.1 Materials or services that have not been authorized on an acknowledged order;

9.5.1.2 Expediting, overtime, premiums, or upcharges absent States’ express prior approval; or

9.5.1.3 Materials or services that are the subject of a Contract Amendment or Change Order that has not been fully executed.

9.6 Submitting Invoices:

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9.6.1 The Contractor shall submit an invoice using the form provided or required by that ordering ASVH-Y.

Every invoice must be accompanied by all supporting information and documentation required by the Contract and applicable laws.

9.7 Defective Invoices:

9.7.1 Without prejudice to its other rights under the Contract or further obligation to Contractor, the ordering to ASVH-Y may, at its discretion, reject any materially defective invoice.

9.7.2 The ordering ASVH-Y shall notify Contractor within five (5) business days after receipt if the ASVH-Y determines an invoice to be materially defective.

9.7.3 Invoices will be deemed automatically rejected upon delivery if:

9.7.3.1 the invoice is sent to the wrong address;

9.7.3.2 the invoice does not reference the correct contract number;

9.7.3.3 the invoice is payable to any Persons other than the Contractor; or

9.7.3.4 the invoice has incorrect data or line items

9.7.4 The ordering ASVH-Y will have no obligation to pay against a defective invoice until Contractor has re-submitted it free of defects.

9.8 Invoicing for Task Orders:

9.8.1 For task order services, invoices must include the following information as applicable to the relevant task order being invoiced against:

9.8.1.1 Substantiation of hours worked using:

9.8.1.1.1 a detailed daily timesheet;

9.8.1.1.2 itemization to the task level; and

9.8.1.1.3 breakdown by service area and any Contract Amendments

9.8.1.2 Authorizations and receipts for all allowable reimbursable items being invoiced; and

9.8.1.3 Contractor’s certification that the invoice has been examined and to the best of Contractor’s knowledge and belief, the invoiced amounts are entitled, correct, and accurate as can be demonstrated by the contractually required books and records upon State’s demand.

10. PAYMENTS:

10.1 The ASVH-Y shall pay undisputed amounts due to Contractor within the time specified in subparagraph

“Payments” of the Special Terms and Conditions.

10.2 The ASVH-Y may, but is under no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Contractor’s requested payment is owed.

10.3 If the ASVH-Y determines that an overpayment has been made to the Contractor on any prior invoice; it shall inform the Contractor of the amount and date of overpayment and may deduct the overpaid amount from amounts then or thereafter due to the Contractor.

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10.4 The ASVH-Y may pay invoices for some or all orders, at its discretion, using a purchasing card, credit card, debit card, warrant, federal wire, etc. All fees related to payment using a purchasing card are the responsibility of Contractor. Unless otherwise stated in the Contract there will be no additional fees or increases in prices associated with payment method.

10.5 The ASVH-Y may pay invoices for some or all orders through an Automated Clearing House (ACH). In order to receive payments in this manner from the ASVHs, Contractor must complete an ACH Vendor Authorization Form (GAO-618 Form) within 30 (thirty) days after the effective date of the Contract. The form is available online at: https://gao.az.gov/afis/vendor-information

10.6 Contractor shall cooperate with the State by providing the State information including, but not limited to, Contractor’s bank information to support the State’s selected means of payment. The Contractor shall not charge the State an amount to recover any convenience fee, discounts fee, processing fee or service fee related to the acceptance of the State’s payment.

10.7 Unless otherwise specified in the Contract, the Contractor shall offer as standard payment terms a discounts of 2% for payments made within 10 days and full payment due in 30 days (generally referred to as “2/10, net 30”.

https://gao.az.gov/afis/vendor-information

Part One (1) – Special Terms and Conditions

3839 N. 3rd Street

INVITATION FOR BID No.: BPMXXXXX

ASVH-Yuma

II. SPECIAL TERMS AND CONDITIONS

1. PURPOSE:

Pursuant to provisions of the Arizona Procurement Code, A.R.S. § 41-2501 Et Seq., the State of Arizona, Department of Veterans’ Services (ADVS) intends to establish a Contract for the materials or services as listed herein.

2. TERM OF CONTRACT (1 YEAR):

The term of any resultant Contract shall commence upon final signature and shall continue for a period of One (1) Year thereafter, unless terminated, canceled or extended as otherwise provided herein.

3. CONTRACT EXTENSIONS 5 YEAR MAXIMUM:

The Contract term begins upon award and shall continue for a period of One (1) Year subject to additional successive periods of twelve (12) months per extension with a maximum aggregate including all extensions not to exceed five (5) years.

4. CONTRACT TYPE:

X Firm Fixed Price

5. LICENSES

The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor.

6. INFORMATION DISCLOSURE:

The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the State.

The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

7. KEY PERSONNEL:

7.1. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract.

8. MOST-FAVORED CUSTOMER:

Throughout the life of the contract, the Contractor shall always offer the State the Most-Favored Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

9. NON-EXCLUSIVE CONTRACT:

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Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary, or when determined to be in the best interest of the State.

10. VOLUME OF WORK:

The Arizona Department of Veterans’ Services does not guarantee a specific amount of work either for the life of the Contract or on an annual basis.

11. EMPLOYEES OF THE CONTRACTOR:

All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADVS or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to the Contractor’s business.

12. ORDER PROCESS:

The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under contract with ADVS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

13. SUPPLIER PERFORMANCE REPORTS:

Program management shall document supplier performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADVS Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Officer for approval of the plan.

14. PAYMENT PROCEDURES:

14.1. ADVS accounting will not make payments to any Entity, Group or individual other than the Supplier with the

Federal Employer Identification (FEI) Number identified in the Contract. Supplier invoices requesting payment to any Entity, Group or individual other than the contractually specified Supplier shall be returned to the

Supplier for correction.

14.2. The Supplier shall review and insure that the invoices for services provided show the correct Supplier name prior to sending them to the ADVS Accounting Office for payment.

14.3. If the Supplier Name and FEI Number change, the Supplier must complete an “Assignment and Agreement” form transferring contract rights and responsibilities to the new Supplier. ADHS must indicate consent on the form. A written Contract Amendment must be signed by both parties and a new IRS W-9 form must be submitted by the new Supplier and entered into the system prior to any payments being made to the new

Supplier.

15. FINANCIAL MANAGEMENT:

15.1. For all Contracts, the practices, procedures, and standards specified in and required by the Accounting and

Auditing Procedures Manual for Arizona Department of Veterans’ Services funded programs shall be used by the Contractor in the management of Contract funds and by the ADVS when performing a Contract audit.

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Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these

Contract services shall be accounted for in a separate fund.

15.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified compliance provisions of A.R.S. § 35-181.03.

15.3. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

16. INSPECTION AND ACCEPTANCE:

All services, data and required reports are subject to final inspection, review, evaluation and acceptance by the AVHS.

The ADVS may withhold payment for services that are deemed to not meet Contract standards.

17. AUTHORIZATION FOR SERVICES:

Authorization for purchase of services under this Contract shall be made only upon ADVS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADVS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADVS unless a) the Purchase Order is changed or modified with an official ADVS Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract.

18. INDEMNIFICATION CLAUSE:

18.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

18.2. This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

19. INSURANCE REQUIREMENTS:

19.1. Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage

3839 N. 3rd Street to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

19.2. The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

19.3. Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

19.3.1. Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

19.3.1.1. General Aggregate $2,000,000.00

19.3.1.1.1 Products – Completed Operations Aggregate $1,000,000.00

19.3.1.1.2 Personal and Advertising Injury $1,000,000.00

19.3.1.1.3 Damage to Rented Premises $50,000.00

19.3.1.1.4 Each Occurrence $1,000,000.00

19.3.1.2. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

19.3.1.3. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

19.3.2. Business Automobile Liability

19.3.2.1. Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

19.3.2.1.1. Combined Single Limit (CSL) $1,000,000.00

19.3.2.2. Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

19.3.2.3. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, 3839 N. 3rd Street

19.3.3. Workers’ Compensation and Employers' Liability

19.3.3.1. Workers' Compensation Statutory

19.3.3.2. Employers' Liability

19.3.3.2.1. Each Accident $1,000,000.00

19.3.3.2.2. Disease – Each Employee $1,000,000.00

19.3.3.2.3. Disease – Policy Limit $1,000,000.00

19.3.3.3. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards,

19.3.3.4. This requirement shall not apply to each Contractor or subcontractor that is exempt under

A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

19.4. Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

19.4.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-

621 (E).

19.4.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

19.5. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, or hand delivered to Arizona Department of Verterans’ Services, 3839 N. 3rd Street, Suite 209, Phoenix, AZ 85012.

19.6. Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall

3839 N. 3rd Street have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

19.7. Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract.

An authorized representative of the insurer shall sign the certificates.

19.7.1. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

19.7.2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

19.7.3. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The

State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

19.8. Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

19.9. Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

19.10. Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

20. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996:

20.1. The Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health

Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying regulations and will comply with all applicable HIPAA requirements in the course of this Contract. Contractor warrants that it will cooperate with the Arizona Department of Health Services (ADHS) in the course of performance of the Contract so that both ADHS and Contractor will be in compliance with HIPAA, including

3839 N. 3rd Street cooperation and coordination with the Arizona Department of Administration-Arizona Strategic Enterprise

Technology (ADOA-ASET) Office, the ADOA-ASET Arizona State Chief Information Security Officer and

HIPAA Coordinator and other compliance officials required by HIPAA and its regulations. Contractor will sign any documents that are reasonably necessary to keep ADHS and Contractor in compliance with HIPAA, including, but not limited to, business associate agreements.

20.2. If requested by the ADVS Procurement Office, Contractor agrees to sign a “Pledge To Protect Confidential

Information” and to abide by the statements addressing the creation, use and disclosure of confidential information, including information designated as protected health information and all other confidential or sensitive information as defined in policy. In addition, if requested, Contractor agrees to attend or participate in HIPAA training offered by ADHS or to provide written verification that the Contractor has attended or participated in job related HIPAA training that is: (1) intended to make the Contractor proficient in HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer or other person or program knowledgeable and experienced in HIPAA and who has been approved by the ADOA-ASET Arizona

State Chief Information Security Officer and HIPAA Coordinator.

21. NEW OR ADDITIONAL PRODUCTS OR SERVICES:

The State, at its sole discretion may allow new products or services identified by the Contractor or ADVS to be incorporated. The request may be submitted at any time during the Contract period. The requested products or services shall align with the current Scope of Work and Price List.

22. COVID-19 VACCINATION MANDATE:

22.1 In compliance with the Code of Federal Regulations (CFR), Title 42, Chapter IV, regarding the Centers for

Medicare & Medicaid Services (CMS) all individuals providing routine onsite services to hospitals (including

Critical Access Hospitals) and facilities or organizations which provide at least one of the following: long-term care, ambulatory surgical services, hospice care, inpatient psychiatric services, rural health clinics, Programs of All-Inclusive Care for the Elderly (Pace), Community Mental Health Centers (Cmhcs), home infusion therapy, home health services, end-stage renal disease care, intermediate care for individuals with intellectual disabilities, comprehensive outpatient rehabilitation, and/or outpatient physical therapy and speech-language pathology services (defined herein as “Facilities” regardless of whether this means one or more location) must meet the following requirements specific to Covid-19 vaccinations:

22.1.1 If someone is currently employed by the Contractor and providing services under this Contract as of the effective date of this Amendment (an “Individual”), that Individual must have received at least a single-dose, or the first dose of a multi-dose Covid-19 vaccine series no later than February 14th, 2022, and;

22.1.2 By March 14th, 2022, all Individuals must receive/have received the necessary doses to complete the vaccine series (i.e., one (1) dose of a single-dose vaccine or all doses of a multiple vaccine series) or have been granted a qualifying exemption, or are identified as having a temporary delay as recommended by the Centers for Disease Control and Prevention (CDC).

22.2 The Contractor shall supply evidence of vaccination compliance with the above requirements, as well as that for any subsequent (Booster) doses for its employees working onsite to the human resources department of the Facilities.

22.3 The Contractor must provide documentation to the human resources department of the Facilities for its employees who are delayed in complying with the above standards, including the reason for said delay and the anticipated compliance date for each employee. Any employee in a ‘delayed’ status shall adhere to the

3839 N. 3rd Street mitigation strategies detailed in Attachment F Covid-19 Vaccination Mandate below until compliance with the above vaccination requirements has been met.

22.4 The Contractor shall establish a process for the submission, review, and determination for a vaccination exemption request from the requirements outlined in the appropriate section of CFR Title 42, Chapter IV, no later than February 14th, 2022.

22.4.1 The Contractor must inform the Facilities of all Individuals who have submitted a vaccination exemption request, pursuant to the above requirement, including the submission date, exemption type/reason, and the exemption review status.

22.5 If the Individual’s exemption request is denied by the Contractor, the Individual shall not be permitted to provide onsite services to the Facilities

22.6 If the Individual’s exemption request is approved by the Contractor, the Individual must agree to follow the mitigation strategies adopted by the Facilities to prevent the spread of the Covid-19 virus. This may include one or a combination of the following:

22.6.1 Individuals shall get a PCR test at least once every seven (7) days, and provide the test results to the

Facilities as instructed once test results are received. Testing is the Individual’s responsibility and will not be provided by the Facilities.

22.6.2 The Individual must use a National Institute for Occupational Safety and Health (NIOSH) approved

N95 or equivalent or higher-level respirator for source control at all times while on campus, regardless of whether they are providing direct care to or otherwise interacting with patients. Individuals must obtain their own respirators, unless respirators are provided per the Facilities’s policy or protocol.

22.7 Individuals must follow the Facilities’s…