BPM005633 Language Line Exceptions Determination 12.04.23.docx

DOCX document 35 KB Posted

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

About this file

This is an exceptions determination document for solicitation BPM005633, which concerns Foreign Language Interpretation and Translation Services. The document records Language Line's exception to Section 4.2 of the contract's terms and conditions regarding the contractor's best pricing requirements. The solicitation involves state procurement of interpretation and translation services, with the exception determination dated December 4, 2023.

Language Line proposed an exception to the best pricing clause, arguing that with over 30,000 customers, the requirement should be limited to comparable customers within the industry that share equivalent annual minutes volumes, language mix, language percentages, service level agreements, key performance indicators, and invoicing requirements. The offeror requested that pricing adjustments be made on an annual basis rather than continuously. The State Risk Management rejected this alternative language on December 4, 2023, indicating that the existing contract language was non-negotiable and could not be revised. Consequently, Language Line must comply with the original Section 4.2 requirements, which mandate that the contractor provide the state with the lowest prices and largest discounts offered for equivalent services, items of equipment, and materials, with retroactive adjustment if the contractor's best pricing becomes better than the contract pricing at any point during the contract term.

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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.

File details come from the government source that posted it. Updated .