BPM005633 Language Line Exceptions Determination 12.04.23 12-12-23 KB.docx
DOCX document 38 KB Posted
- Solicitation number
- BPM005633
- Issued by
- Arizona
About this file
This is an exceptions determination document for solicitation BPM005633, a Foreign Language Interpretation and Translation Services Contract. The document records Language Line's exception to the contract's pricing terms and conditions, specifically Section 4.2 regarding Contractor's Best Pricing. Language Line proposed modifying the best pricing requirement to limit comparisons to customers with equivalent annual call volumes, matching language mix and percentages, comparable service level agreements, and key performance indicators. The offeror argued that with over 30,000 customers, a narrower definition of comparable customers was necessary to manage the requirement appropriately.
The State rejected Language Line's proposed alternative language on December 4, 2023, determining that Section 4.2 was written by State Risk Management and could not be revised. The original language requires the contractor to provide pricing and discounts equal to or better than the lowest prices offered to other customers for equivalent services, with retroactive adjustments applied from the date when better pricing first became available. Language Line ultimately accepted Section 4.2 as written, agreeing to comply with the State's best pricing requirements without modification.
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Text version
EXCEPTIONS
Offeror: Language Line Solicitation #: BPM005633 Foreign Language Interpretation and Translation Services
Contract Terms and Conditions
| Section |
| RFP Language |
| Offeror Exceptions |
| State Comments |
| Offeror Response |
4.2 Contractor’s Best Pricing
4.2. Contractor’s Best Pricing. Contractor warrants that, for the term of the Contract, the prices and discounts set out in the APP Items (F) tab OR Attachments titled Pricing, including any subsequent agreed amendment to it (the “Contract Pricing”), shall be equal to or better than the lowest prices and largest discounts, both separately and in combination, at which Contractor sells equivalent services, items of equipment, and materials.
4.2.1. That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to be irrespective of whether or not those other sales have special purchase terms, conditions, rebates, or allowances. 4.2.2. If Contractor’s Best Pricing for equivalent services, items of equipment, and materials is better than the Contract Pricing, then Contractor agrees to adjust the Contract Pricing to match the Contractor’s Best Pricing for all sales related to the Contractor made after the date when the Contractor’s Best Pricing was first better than the Contract Pricing. 4.2.3. For clarification of intent, that date is intended to be the date when the difference first occurred, which might have been before the difference was first identified. If the difference occurred before it was identified, then Supplier agrees to charge less than the Contract Pricing until the extended difference that would have been realized (i.e. if the Contractor’s Best Pricing had been applied when it should have been) has been settled.
Exception: Strike section 4.2 in its entirety and replace with the following language:
Contractor will provide the State with the lowest pricing given to another comparable customer that has the same or exceeding volume of annual minutes, the same language mix, language percentages, service level agreements, key performance indicators, invoicing requirements and such other factors as Contractor deems relevant, and such adjustment to pricing if any will be made on an annual basis.
Rationale: With over 30,000 customers, we must limit this requirement to comparable customers in your industry and the other requirements set forth in our proposed alternate language.
State Response
12/04/23
Alternative Language is denied. This language is written by the State Risk Management and it cannot be revised.
LanguageLine accepts Section 4.2.
File details come from the government source that posted it. Updated .