SOLICITATION INSTRUCTIONS

TABLE OF CONTENTS

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 Phoenix, Arizona 85007

Procurement Officer

Hana Hehman

INVITATION FOR BID No.: BPM006684 Radiation Equipment Maintenance, Repair and Calibration

TABLE OF CONTENTS

I. Special Instructions to Bidders

II. Uniform Instructions to Bidders

SPECIAL INSTRUCTIONS TO BIDDERS

ARIZONA DEPARTMENT OF

HEALTH SERVICES

Karla Varela

INVITATION FOR BID NO.: BPM006684

1. SUPPLIER REGISTRATION

Suppliers are required to be registered in the Arizona Procurement Portal (APP) in order to submit a response to the solicitation. The website is listed below. If you require any assistance with the registration process, contact the APP Help Desk at app@azdoa.gov or 602-542-7600.

2. INQUIRIES / WRITTEN QUESTIONS

All questions, inquires or clarifications regarding this solicitation shall be submitted through APP using the Discussion Forum Tab within the Solicitation, no later than three (3) business days prior to the IFB due date. Any correspondence related to a solicitation should refer to the appropriate document, page and paragraph number.

3. SUBMISSION OF BID

3.1 Acceptable Formats. Bid electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint) and .PDF (Adobe Acrobat).

3.2 Acknowledgement of Solicitation Amendments. Bidders shall acknowledge Solicitation Amendments electronically in APP (https://app.az.gov) and copy forward or revise previous responses no later than the Bid due date and time. Failure to acknowledge all/any Solicitation Amendment may result in rejection of the Bid.

4. SUBMISSION REQUIRED IN APP

4.1 Bid shall be submitted in an acceptable format, as described herein, using the State’s online eProcurement application APP (https://app.az.gov). Submission of bids by means other than the APP system will not be accepted. Click save button upon uploading each attachment. To ensure successful submission of the Bid, click the Validate and Send my Answer button from any page. APP will send you an email confirming the receipt of your answer. Prospective Bidders with questions shall post the questions in the discussion forum prior to the Solicitation’s due date. Questions posted in the discussion forum will be made available to the public.

4.2 To submit a Bid, Bidders must register in the APP system. Bidders requiring assistance in the registration process or in navigating the APP system may find information on the APP website (https://spo.az.gov/app/supplier/training) or contact the Help Desk at appsuppliers@azdoa.gov or 602- 542- 7600.

5 BID REQUIREMENTS

5.1 The ADHS will not provide any reimbursement for the cost of developing a response to this IFB. APP will require certain information to be entered before you will be allowed to submit your response. In addition, the Bid shall include at least the following information:

5.2 Bidder shall print Attachment A, Offer and Acceptance, complete, sign, and upload into the “Financial

Questionnaire Tab” in APP.

mailto:app@azdoa.gov https://app.az.gov/ https://app.az.gov/ https://spo.az.gov/app/supplier/training mailto:appsuppliers@azdoa.gov mailto:appsuppliers@azdoa.gov

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

5.3 Bidder shall print Attachment B, Notices, Correspondence, Reports and Payments, complete and upload into the “Financial Questionnaire Tab” in APP.

5.4 Bidder shall print Attachment C, Designation of Confidential, Trade Secret & Proprietary Information, complete, sign and upload into the “Financial Questionnaire Tab” in APP.

5.5 Bidder shall print Attachment D, Participation If Boycott of Israel, complete, sign, and upload into the “Financial

5.6 Bidder shall print Attachment E, Forced Labor of Ethnic Uyghurs Ban, complete, sign and upload into the

“Financial Questionnaire Tab” in APP.

5.7 Bidder shall print Attachment F, Proposed Subcontractors, complete and upload into the “Financial

5.8 Bidder shall attach one (1) or more of the following certifications, under their legal name, into the “Financial

Questionnaire Tab” in APP:

5.8.1 International Organization of Standardization/International Electrotechnical Commission (ISO/IEC) 17025-2017.

5.8.2 American National Standards Institute/National Conference of Standards Laboratories (ANSI/NCSL) Z540-1-1994.

5.8.3 National Institute of Standards and Technology (NIST) traceable standards certification or equivalent.

5.9 Bidder shall acknowledge any and all Solicitation Amendments electronically prior to the Bid due date and time.

Failure to acknowledge all Solicitation Amendments may result in rejection of the Bid. Solicitation Amendments are created as a new Round. If a Bid has been submitted under a Round and a new Round and Amendment is issued, the Bid must be resubmitted when acknowledging the Amendment or the Bid will not be recognized by APP at the close of the Solicitation. It will register as a ‘No Bid’.

5.10 Bidder shall complete the Items Tab (F) in APP.

5.10.1 Under the “Items Tab” in APP, Bidder shall provide all-inclusive pricing for each line item; pricing shall include freight, delivery charges and travel costs, if applicable. No additional costs, other than those listed on the price sheet, will be accepted by ADHS.

5.10.2 Under the “Items (F) Tab” in APP complete item pricing, to include the following:

5.10.2.1 Line Item 1 – All-inclusive Maintenance and Calibration cost to service Ludlum High Range Frisker, Model 26-3, each.

5.10.2.2 Line Item 2 – All-inclusive Maintenance and Calibration cost to service Ludlum Scaler- Ratemeter, Model 2200, each.

5.10.2.3 Line Item 3 – All-inclusive Maintenance and Calibration cost to service Ludlum Pulse Generator, Model 500-1, each.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

5.10.2.4 Line Item 4 – All-inclusive Maintenance and Calibration cost to service Ludlum General Purpose Survey Meter, Model 14C, each.

5.10.2.5 Line Item 5 – All-inclusive Maintenance and Calibration cost to service Ludlum Digital Scaler-Ratemeter, Model 2241-2, each.

5.10.2.6 Line Item 6 – All-inclusive Maintenance and Calibration cost to service Ludlum Digital Scaler-Ratemeter, Model 2241-3, each.

5.10.2.7 Line Item 7 – All-inclusive Maintenance and Calibration cost to service Ludlum Integrated Scintillator Frisker, Model 26S, each.

5.10.2.8 Line Item 8 – All-inclusive Maintenance and Calibration cost to service Ludlum Integrated

Frisker, Model 26-1 Series, each.

5.10.2.9 Line Item 9 – All-inclusive Maintenance and Calibration cost to service Ludlum General Purpose Survey Meter, Model 14C, each.

5.10.2.10 Line Item 10 – All-inclusive Maintenance and Calibration cost to service Ludlum Alpha-Beta- Gamma Detector, Model 44-9, each.

5.10.2.11 Line Item 11 – All-inclusive Maintenance and Calibration cost to service Ludlum Beta- Gamma Detector, Model 44-38, each.

5.10.2.12 Line Item 12 – All-inclusive Maintenance and Calibration cost to service Ludlum Extended Reach Alpha-Beta-Gamma Detector, Model 44-9-18, each.

5.10.2.13 Line Item 13 – All-inclusive Maintenance and Calibration cost to service Ludlum Gamma Detector, Model 44-2, each.

5.10.2.14 Line Item 14 – All-inclusive Maintenance and Calibration cost to service Ludlum Alpha Detector, Model 43-2, each.

5.10.2.15 Line Item 15 – All-inclusive Maintenance and Calibration cost to service Ludlum Gamma Detector, Model 133-7, each.

5.10.2.16 Line Item 16 – All-inclusive Maintenance and Calibration cost to service Ludlum Alpha Detector, Model 43-65, each.

5.10.2.17 Line Item 17 – All-inclusive Maintenance and Calibration cost to service Ludlum Digital Area Monitor, Model 375/1, each.

5.10.2.18 Line Item 18 – All-inclusive Maintenance and Calibration cost to service Ludlum Multipurpose Digital Meter, Model 3276, each.

5.10.2.19 Line Item 19 – All-inclusive Maintenance and Calibration cost to service Fluke Ion Chamber Survey Meter, Model 451P-RYR, each.

5.10.2.20 Line Item 20 – All-inclusive Maintenance and Calibration cost to service Fluke Ion Chamber

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

Survey Meter with Beta Slide, Model 451B-RYR, each.

5.10.2.21 Line Item 21 – All-inclusive Maintenance and Calibration cost to service Berkeley Nucleonics, SAMPack - Backpack Isotope Identifier with Neutron Detection, Model RD-120- GN, each.

5.10.2.22 Line Item 22 – All-inclusive Maintenance and Calibration cost to service RTI X-ray Meter, Model Cobia SMART R/F, each.

5.10.2.23 Line Item 23 – All-inclusive Maintenance and Calibration cost to service Raysafe Output Meter, Model X2, each.

5.10.2.24 Line Item 24 – All-inclusive Maintenance and Calibration cost to service Radcal Ion Chamber, Model RSM, each.

5.10.2.25 Line Item 25 – All-inclusive Maintenance and Calibration cost to service X-Rite Transmission Densitometer, Model 331, each.

5.10.2.26 Line Item 26 – All-inclusive Maintenance and Calibration cost to service Gamma spectroscopy detectors, each.

5.10.2.27 Line Item 27 – All-inclusive Maintenance and Calibration cost to service Source Radioactive Standards, each.

5.10.2.28 Line Item 28 – All-inclusive Maintenance and Calibration cost to service Fume Hoods, each.

5.10.2.29 Line Item 29 – All-inclusive Maintenance and Calibration cost to service Brooks Instrument Air Rotameter, Model 1110-05H2G10, each.

5.10.2.30 Line Item 30 – All-inclusive Maintenance and Calibration cost to service Brooks Instrument Air Rotameter, Model 1110CJ32CRHAJ, each.

5.10.2.31 Line Item 31 – All-inclusive Maintenance and Calibration cost to service Gamma Products Gas flow proportional counting systems, Model G5000, each.

5.10.2.32 Line Item 32 – All-inclusive Maintenance and Calibration cost to service Gamma Products Gas flow proportional counting systems, Model G5400, each.

5.10.2.33 Line Item 33 – All-inclusive Maintenance and Calibration cost to service Gamma Products Gas flow proportional counting systems, Model G5000-W, each.

5.10.2.34 Line Item 34 – All-inclusive Maintenance and Calibration cost to service Gamma Products Gas flow proportional counting systems, Model G5420, each.

5.10.2.35 Line Item 35 – All-inclusive Maintenance and Calibration cost to service Thermo Eberline Thermoluminescence Dosimetry (TLD) Reader, Model 6600, each.

5.10.2.36 Line Item 36: Catalog discount on parts at the lowest, best percentage rate above vendors manufacturers prices.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

5.10.2.37 Line Item 37: Fixed Hourly Rate for Repair Services of Radiation Equipment.

5.10.2.38 Line Item 38: Phone/Email support for general questions from manufacturer-authorized and trained staff.

5.11 Contractor’s Invoiced Pricing Shall Align with the Individual Item Pricing as listed in APP.

5.12 No Bid Items. Line items with the No Bid checkbox selected will assume the bidder is not intending to offer that item, and the bidder will not be susceptible for award for that item regardless of any other information entered for that item.

5.13 For items offered with discount, APP will not recognize only the discount percentage. To complete the discount

(%) information in the items, $0.01 shall be entered in the Unit Cost field and then the appropriate minimum discount percentage (%) (0% to 99%) shall be entered.

6 PRESENTATIONS/DEMONSTRATION

ADHS reserves the right to request all responsible and responsive Bidders to provide a demonstration and overview of the Bidders system which will be scheduled after the Invitation for Bid close date. Demonstrations will be conducted at ADHS. ADHS will arrange the format, date, time and place for the demonstration and notify each Bidder. Demonstration shall be provided at no expense to the State. Demonstrations will be limited to the time stated by ADHS in the invitation.

7 CONFIDENTIAL INFORMATION

In addition to the State of Arizona’s Uniform Instructions, Provision 4, Submissions of Offer, subsection 4.5, the Bidder shall submit an itemized and separate attachment on company letterhead explaining the reasons why the information should be held confidential. This attachment shall be uploaded under the “My Offer Info and Docs” Tab in APP. All proposals, bids or offers remain confidential until an award is made.

8 BID OPENING

Bids received by the due date and time will be opened via APP. The name of each Bidder will be publicly available.

Bids will not be subject to public inspection until after Contract award.

9 RESPONSIBILITY, RESPONSIVENESS AND SUSCEPTIBILITY

In accordance with A.R.S. § 41-2540, A.A.C. R2-7-B312, and R2-7-B313, the State shall consider the Bidders responsibility, as well, as the Bid’s responsiveness and susceptibility for contract award.

10 EVALUATION CRITERIA

10.1 Exceptions to Terms and Conditions, as stated in the Uniform Instructions to Bidders, Sub-Section 3.3, will impact a Bidders susceptibility for award.

10.2 In accordance with the A.R.S. § 41-2533, Competitive Sealed Bids, awards shall be made to lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

the Invitation for Bids.

10.2.1 Conformance to all Solicitation requirements; and

10.2.2 Cost.

11 INCLUSIVE BIDDERS

Bidders are encouraged to make every effort to utilize subcontractors that are small, women- and/or minority- owned business enterprises. Bidders who are committing a portion of their work to such subcontractors shall provide the name of the subcontractor, which of the following categories apply: small, women- and/or minority- owned business, the specific services or work to be performed, the percentage of work or services to be provided by the subcontractor, and how this effort will be administered and managed, including reporting requirements.

UNIFORM INSTRUCTIONS TO BIDDERS

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

1. DEFINITION OF TERMS

As used in these Instructions, the terms listed below are defined as follows:

1.1 “Attachment” means any item the Solicitation requires an Bidder to submit as part of the Offer.

1.2 “Best and Final Offer” means a revision to an Offer submitted after negotiations are completed that contains the Bidder’s most favorable terms for price, service, and products to be delivered. Sometimes referred to as a Final Proposal Revision.

1.3 “Contract” means the combination of the Solicitation, including the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer, any Clarifications, and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

1.4 “Contract Amendment” means a written document signed by the Procurement Officer issued for the purpose of making changes in the Contract.

1.5 “Contractor” means any person who has a Contract with a state governmental unit.

1.6 “Day” means calendar days unless otherwise specified.

1.7 “eProcurement (Electronic Procurement)” means conducting all or some of the procurement function over the Internet. Point, click, buy and ship Internet technology is replacing paper- based procurement and supply management business processes. Elements of eProcurement also include Invitation for Bids, Request for Proposals, and Request for Quotations.

1.8 “Exhibit” means any document or object labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.

1.9 “Offer” means a response to a solicitation.

1.10 “Bidder” means a person who responds to a Solicitation.

1.11 “Person” means any corporation, business, individual, union, committee, club, or other organization or group of individuals.

1.12 “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.13 “Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.

1.14 “Solicitation Amendment” means a change to the Solicitation issued by the Procurement Officer.

1.15 “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

1.16 “State” means the State of Arizona and Department or Agency of the State that executes the Contract.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

2. INQUIRIES

2.1 Duty to Examine. It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time.

2.2 Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Procurement Officer.

2.3 Submission of Inquiries. All inquiries related to the Solicitation are required to be submitted in the State’s eProcurement system. All responses to inquiries will be answered in the State’s eProcurement system. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number.

Bidders are prohibited from contacting any State employee other than the Procurement Officer concerning the procurement while the solicitation and evaluation are in process.

2.4 Timeliness. Any inquiry or exception to the Solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State.

Failure to do so may result in the inquiry not being considered for a Solicitation Amendment.

2.5 No Right to Rely on Verbal or Electronic Mail Responses. An Bidder shall not rely on verbal or electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does not constitute a modification of the solicitation.

2.6 Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment.

2.7 Pre-Offer Conference. If a pre-Offer conference has been scheduled under the Solicitation, the date, time and location shall appear in the State’s eProcurement system. Bidders should raise any questions about the Solicitation at that time. A Bidder may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation Amendment.

2.8 Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer. Requests shall be made as early as possible to allow time to arrange the accommodation.

3. OFFER PREPARATION

3.1 Electronic Documents. The Solicitation is provided in an electronic format. Bidders are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified alteration or modification to any Solicitation attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. Bidder’s electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and.pdf (Adobe Acrobat). Bidders wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.

3.2 Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer in the State’s eProcurement system and shall include a signature by a person authorized to sign the Offer. The signature shall signify the Bidder’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature, shall result in rejection of the Offer.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

3.3 Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in the State’s eProcurement system in a clearly identified separate section of the Offer in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement. The Bidder’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract.

3.3.1 Invitation for Bids. An Offer that takes exception to a material requirement of any part of the

Solicitation, including terms and conditions, shall be rejected.

3.3.2 Request for Proposals. All exceptions that are contained in the Offer may negatively impact an Bidder’s susceptibility for award. An Offer that takes exception to any material requirement of the solicitation may be rejected.

3.4 Subcontracts. Bidder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.

3.5 Cost of Offer Preparation. The State will not reimburse any Bidder the cost of responding to a Solicitation.

3.6 Federal Excise Tax. The State is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State.

3.7 Provision of Tax Identification Numbers. Bidders are required to provide their Arizona Transaction Privilege Tax

Number and/or Federal Tax Identification number as part of the Offer.

3.7.1 Employee Identification. Bidder agrees to provide an employee identification number or social security number to the State for the purposes of reporting to appropriate taxing authorities, monies paid by the State under this Contract. If the federal identifier of the Bidder is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.

3.8 Identification of Taxes in Offer. The State is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the Solicitation. When applicable, the tax rate and amount shall be identified on the price sheet.

3.9 Disclosure. If the person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Bidder shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

3.10 Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s).

3.11 Federal Immigration and Nationality Act. By signing of the Offer, the Bidder warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

during the evaluation process. Should the State request evidence of compliance, the Bidder shall have five (5) days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the Offer not being considered for contract award.

3.12 Offshore Performance of Work Prohibited. Any services that are described in the specifications or scope of work that directly serve the State or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Bidders shall declare all anticipated offshore services in the Offer.

4. SUBMISSION OF OFFER

4.1 Offer Submission, Due Date and Time. Bidders responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be rejected.

4.2 Offer and Acceptance. Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form may result in rejection of the Offer.

4.3 Solicitation Amendments. A Solicitation Amendment shall be acknowledged in the State’s eProcurement system no later than the Offer due date and time. Failure to acknowledge a Solicitation Amendment may result in rejection of the Offer.

4.4 Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.

4.5 Confidential Information. If a Bidder believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Bidder shall clearly designate the trade secret and other proprietary information, using the term “confidential.” A Bidder shall provide a statement detailing the reasons why the information should not be disclosed including the specific harm or prejudice that may arise upon disclosure. The Procurement Officer shall review all requests for confidentiality and provide a written determination. Until a written determination is made, a Procurement Officer shall not disclose information designated as confidential except to those individuals deemed to have a legitimate State interest. In the event the Procurement Officer denies the request for confidentiality, the Bidder may appeal the determination to the State Procurement Administrator within the time specified in the written determination. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information.

4.6 Public Record. All Offers submitted and opened are public records and must be retained by the State for six years. Offers shall be open and available to public inspection through the State’s eProcurement system after Contract award, except for such Offers deemed to be confidential by the State.

4.7 Non-collusion, Employment, and Services. By signing the Offer and Acceptance form or other official contract form, the Bidder certifies that:

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

4.7.1 The Bidder did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer.

4.7.2 The Bidder does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable federal, state and local laws and executive orders regarding employment.

5. EVALUATION

5.1 Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

5.2 Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and itemized separately on the Offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.

5.3 Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the Offer for the purpose of evaluating that price.

5.4 Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.

5.5 Disqualifications. A Bidder (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have its Offer rejected.

5.6 Offer Acceptance Period. A Bidder submitting an Offer under the Solicitation shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120). If a Best and Final Offer is requested pursuant to a Request for Proposals, a Bidder shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer due date.

5.7 Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State reserves the right to:

5.7.1 Waive any minor informality.

5.7.2 Reject any and all Offers or portions thereof.

5.7.3 Cancel the Solicitation.

6. AWARD

6.1 Number of Types of Awards. The State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State.

6.2 Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance form. A notice of award or of the intent to award shall not constitute acceptance of the Offer.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

INVITATION FOR BID NO.: BPM006684

6.3 Effective Date. The effective date of the Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract.

7. PROTESTS

A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of the Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten

(10) days after the Procurement Officer makes the procurement file available for public inspection. A protest shall include:

7.1 The name, address, email address and telephone number of the interested party.

7.2 The signature of the interested party or its representative.

7.3 Identification of the purchasing agency and the Solicitation or Contract number.

7.4 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents.

7.5 The form of relief requested.

8. COMMENTS WELCOME

The State Procurement Office periodically reviews the Uniform Instructions to Bidders and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007.