BPM007086_Solicitation_Instructions_to_Offerors.pdf

Solicitation Instructions (RFP) Request for Proposal

Solicitation No. BPM007086

Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

1802 W. Jackson, #100

Phoenix, AZ 85007

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 1 of 18

Table of Contents

Special Instructions to Offerors 2

Standard Instructions to Offerors (RFP) 6

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 2 of 18

Click here to return to the Table of Contents

Special Instructions to Offerors

1. Definition of Terms

[RESERVED]

2. Solicitation Inquiries

2.1. Submission of Inquiries

Except for technical inquiries about navigating and/or submitting proposals in the State’s eProcurement system, the State is not responsible for responding to any inquiries submitted less than five (5) business days before the Bid/Offer due date and time.

2.2. Timeliness

Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least five (5) days before the Bid/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.

2.3. Pre-Offer Conference

A Pre-Offer Conference will not be held at this time.

3. Offer Preparation

[RESERVED]

4. Submission of Offer: Required Offer Content

4.1. INITIAL SUBMISSION: Submit all of the Initial Offer content within the APP / Prepare RFx /

Technical Questions and Financial Questions tabs.

4.1.1. The initial Offer submission shall include the following documents:

4.1.1.1. Pricing shall be entered within the Excel document titled BPM007086 Pricing

AND Offeror shall complete the Line Item in the Items (F) tab in APP by adding

$1.00 in order for the Offer to be considered.

4.2. BEST AND FINAL OFFER: A new round is created in APP for the submission of the Best and

Final Offer (BAFO). The BAFO must contain all of the Attachments indicated in the applicable

Procurement Officer request for a Submitted Offer. Make revisions in response to the

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 3 of 18 negotiations / discussions and Procurement Officer’s Request for BAFO in all applicable documents and Attachment “Pricing”

4.3. Offeror shall follow any additional instructions from Procurement Officer regarding requirements for BAFO responses.

4.3.1. The new round must be acknowledged and an updated Solicitation Attachment “Offer and Acceptance Form” with the required signature and date must be uploaded.

4.3.2. The Offeror is required to input $1.00 for the line item in the Items (F) tab in APP for the original offer and for the BAFO submission.

4.4. All Offerors shall complete and submit with your offer an unedited and signed State of Arizona

Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement

(BAA) (Attachment 11).

5. Evaluation of Offers

5.1. Evaluation Criteria

In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. The evaluation factors for the

Solicitation are listed in their relative order of importance:

5.1.1 Method of Approach;

5.1.2 Cost: and

5.1.3 Experience and Capacity of Offeror.

6. Award of Contract

[RESERVED]

7. Solicitation or Award Protests

[RESERVED

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 4 of 18

1. Definition of Terms

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

1.1. “Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et. sequitur, in the

Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2-7-101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

NOTE: There are frequent references to the Arizona Procurement Code throughout the

Solicitation Documents, therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spointra.az.gov/resources/procurement-regulations

The Arizona State Legislature provides the official A.R.S. online at:

https://www.azleg.gov/arstitle/

The Office of the Arizona Secretary of State provides the official A.A.C. online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.2. “Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer.

1.3. “Best and Final Offer” (BAFO) means a revision to an Offer submitted after negotiations are completed that contains the Offeror’s most favorable terms for price, service, and products to be delivered.

1.4. “Clarifications” means, per A.A.C. R2-7-C313, communications between Procurement Officer and Offeror for the purpose of providing a greater mutual understanding of the Offer.

Clarifications may include demonstrations, questions and answers, or elaborations on previously-submitted information. All clarifications shall be confirmed in a written offer.

1.5. “Contract” means the combination of the Solicitation, including the Uniform and Special

Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation

Amendments or Contract Amendments.

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

1.7. “Contractor” means any person who has a Contract with the State.

https://spointra.az.gov/resources/procurement-regulations https://www.azleg.gov/arstitle/ http://www.azsos.gov/rules/arizona-administrative-code

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 5 of 18

1.8. “Days” means calendar days unless otherwise specified.

1.9. “eProcurement (Electronic Procurement)” means, per A.A.C. R2-7-101, the State’s official electronic procurement system as authorized by the state procurement administrator under R2-

7-201.

1.10. “Evaluation” means, per A.A.C. R2-7-316, the process whereby Procurement Officer will determine which responsive offers and best and final offers based on the evaluation criteria contained in the request for proposals are the most advantageous to State.

1.11. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.12. “Interviews” means an agreed-upon time and place for a structured conversation between

Procurement Officer/Evaluation Committee and Offeror(s) where an established set of questions are asked to each Offeror and answered.

1.13. “Narrative Response” means a written essay, process, or story detailing Offeror’s experience, expertise, opinion, or methodology relating to the question being asked. The quality of the written response in areas such as grammar, readability, ease of understanding, may be taken into consideration on how well Offeror is able to express themselves and describe their process.

1.14. “Negotiation” means, per A.A.C. R2-7-101(32), an exchange or series of exchanges between

State and an offeror for the purposes set forth in A.A.C. R2-7-C314.

1.15. “Not Susceptible for Award” means, per A.A.C. R2-7-C311, that the relevant offer has been determined by Procurement Officer to fail one or more of the tests and comparisons set forth therein. NOTE: A determination of Not Susceptible for Award and a determination of

Responsive are mutually exclusive.

1.16. “Offer” means a response to a solicitation.

1.16.1. “Initial Offer” means, Offeror’s proposal submitted to State in response to the

Solicitation, as initially submitted.

1.16.2. “Revised Offer” means any revised versions of the Initial Offer that Offeror has submitted to State at State’s request as permitted under A.A.C. R2-7-C314 and R2-

7-C315.

1.16.3. “BAFO,” as defined above.

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 6 of 18

1.16.4. Reference to “an Offer, “the Offer,” or “your Offer” means any of the Initial Offer, a

Revised Offer, or the Best and Final Offer.

1.17. “Offeror” means a person who responds to a Solicitation.

1.18. “Oral/Product Presentations” means a tailored presentation based on the requirements specified in the Scope of Work or based upon an established agenda provided by Procurement

Officer ahead of time. The presentation shall include company overview, product overview, functionalities, and reporting as applicable to the Scope of Work. If the presentation is not product-related, ensure other questions are answered based on the agenda or as asked by the committee members.

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

1.20. “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.

1.21. “Small Business” means a for-profit or not-for-profit organization, including its affiliates, with fewer than 100 full-time employees or gross annual receipts of less than $4 million for the last complete fiscal year.

1.22. “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.

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

1.24. “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.

1.25. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

2. Inquiries

2.1. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer.

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 7 of 18

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. Direct all inquiries related to the Solicitation to Procurement

Officer, including requests for or inquiries regarding standards referenced in the Solicitation.

Apart from the State’s eProcurement System Help Desk, do not contact any State personnel other than Procurement Officer concerning the Solicitation while it is in progress, through and including award.

2.3. Submission of Inquiries. Submit all inquiries related to the Solicitation in the State’s eProcurement System. Procurement Officer will not respond to inquiries received in any other manner.

2.3.1. Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at

(602) 542-7600, option 2; or by email to app@azdoa.gov.

2.3.2. Submit all other inquiries about the Solicitation using the “Discussions with Buyer” tab in the State’s eProcurement System. Always refer to the appropriate Solicitation document by page and paragraph number.

2.3.3. Check the Special Instructions to Offerors for the cut-off time for inquiries to

Procurement Officer regarding this Solicitation.

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 Offeror 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 made through the State’s eProcurement System.

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 . Offerors should raise any questions about the Solicitation at that time. An Offeror 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.

mailto:app@azdoa.gov

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 8 of 18

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

2.9. Instructions Order of Precedence: In case of any inconsistency, conflict, or ambiguity among the Solicitation Instructions to Offerors, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails.

Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency:

2.9.1. Special Instructions to Offerors; and then

2.9.2. Standard Instructions to Offerors (RFP).

3. Offer Preparation

3.1. Electronic Documents.

3.1.1. The Solicitation is provided in an electronic format; State will not provide any printed copies or distribute the Solicitation in any other format.

3.1.2. Offerors 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. Offeror’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). Obtain advance approval from the

State’s eProcurement Help Desk before submitting files in any other format.

The maximum file size allowed is 25mbp.

3.1.3. SUPPLIER REFERENCE GUIDES are available at:

https://spo.az.gov/app/supplier/QRG.

3.1.4. Upload all Solicitation Attachments as required, within the APP Prepare RFx

Technical and Financial Questions Tab.

3.1.5. Prepare and submit your confidential information following the instructions in section 4.4 Confidential Information.

https://spo.az.gov/app/supplier/QRG

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 9 of 18

3.2. Deviations in Offer. When submitting an Offer, clearly indicate in writing any deviations from the

Specifications or other Solicitation technical requirements documents. Any deviation not explicitly identified will be deemed void upon submission.

NOTE: Deviations are technical exceptions of a significant but not material nature, typically having to do with part/model numbers, details of attachments, mountings, clearances, internal configurations, etc., and are not to be confused with material exceptions.

3.3. 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, such as your duly authorized officer, executive, principal, or agent. The signature shall signify the Offeror’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.

3.4. Exceptions to Terms and Conditions.

3.4.1. All exceptions that are contained in the Offer may negatively impact an Offeror’s susceptibility for award. An Offer that takes exception to any material requirement of the Solicitation may be rejected.

3.4.2. If you are submitting an Offer conditioned on exceptions to the Solicitation

Documents, indicate “NO” on Solicitation Attachment “Conformance Statement” and clearly identify the specific paragraphs of the Solicitation where the exceptions occur, along with proposed alternative language and a rationale for the change. Any exceptions taken elsewhere in the Offer, or in any preprinted or standard terms, will be void and without force or effect in any resulting contract, unless the exception is specifically accepted in writing by the Procurement Officer.

3.5. Insurance and Bonds

3.5.1. Provide the evidence of insurance availability, evidence of insurance in place, evidence of bonding capacity, bonds in hand, or other security that are called for in the Solicitation Attachment “Letter of Insurability”.

3.5.2. If you intend to withhold or redact any element of your evidence of insurance policy compliance required by Addendum A of the Special Terms and

Conditions [General Contractor Indemnification and Insurance Requirements] on the grounds that it is confidential information, then you must claim it as such and submit the necessary substantiated justification with each Offer

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 10 of 18 using the Solicitation Attachment “Designation of Confidential Information” and as per Instruction 4.4 Confidential Documents below.

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

3.7. Cost of Offer Preparation. State will not reimburse Offeror or any of Offeror’s prospective subcontractors, suppliers, or consultants any costs associated with responding to the

Solicitation.

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

3.9. 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.

3.10. 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

Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror 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.

4. Submission of Offer: Required Offer Content

4.1. Offer Submission, Due Date and Time. Offerors responding to a Solicitation must submit the

Offer electronically through the State’s eProcurement system.

4.1.1. Submit each Offer online in the State’s eProcurement System before the “Bid

Opening Date” indicated for the “Solicitation No.” State will not consider a proposal submitted by any other method other than the State’s eProcurement System, and it will be deemed void upon submission. By A.A.C. R2-7-C307, State will not consider later offers. State will give no extension or grace period for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The

State’s eProcurement System. If your proposal is not submitted correctly, completely, Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 11 of 18 and in conformance to these Instructions herein, then Procurement Officer may determine it Not Susceptible for Award.

NOTE: Using the State’s eProcurement System requires a certain level of technical competency; select your staff to submit proposals and handle other Solicitation general matters in the State’s eProcurement System carefully, since the State’s eProcurement System Help Desk cannot do any of the required actions for you.

4.1.2. 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 shall result in rejection of the Offer.

4.3. Solicitation Amendments.

4.3.1. As required under A.A.C. R2-7-C303(C), it is the offeror’s responsibility to acknowledge every Solicitation Amendment issued as of the due date and time.

Failure to acknowledge all solicitation amendments may impact your susceptibility for award.

4.3.2. Amendments to the Solicitation create new rounds in APP. Check for APP alerts that notify if an amendment has been issued. You must acknowledge each round created by an amendment for your Offer in order for your Offer to be Responsive.

4.3.3. In the event you have submitted an offer prior to a Solicitation amendment, you must acknowledge and upload your offer documents to the new round.

4.4. Confidential Information. If an Offeror believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Offeror shall:

4.4.1. Indicate on the Solicitation Attachment “Designation of Confidential Information” that your proposal contains such claimed confidential information; and,

4.4.2. Separate the documents you claim to be confidential from the offer documents and upload them separately. Prepare to upload each confidential document as a separate confidential document in your response following the instructions in the

Arizona Department of Administration Procurement page under Arizona Procurement

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 12 of 18

Portal (APP) Suppliers Tab. Under the Quick Reference Guides / Solicitations, review the Adding Confidential Documents to an Offer/ Response.

4.4.3. Upload each document you claim to be confidential separately and follow the naming convention: Confidential - Supplement - Offeror File Name.

4.4.4. Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-103. The “Confidential

Information Designation” Attachment must be accompanied by a detailed explanation as to why each item or category of items in the proposal should be designated confidential information.

4.4.5. Submit Confidential Information/Documentation as a Supplement(s), with the following naming convention: Confidential - Supplement - Offeror File Name. DO

NOT incorporate information you are requesting to be determined as Confidential in any other section of your response. Upload redacted documents to the appropriate sections of the questionnaire.

4.4.6. Procurement Officer shall review your claim of confidentiality and provide a written determination; until a written determination has been made, Procurement Officer shall not disclose the claimed information to anyone who does not have a legitimate

State interest.

4.4.6.1. If the designated information is determined to be confidential, Procurement Officer may request redacted documents.

4.4.6.2. If Procurement Officer denies the claim of confidentiality, you may appeal the determination to the State Procurement Administrator within the time specified in the determination.

NOTE: Contract terms and conditions, pricing, and information generally available to the public are not and will not be designated confidential information.

4.5. Attachment Forms

4.5.1. If an Attachment indicates that a “Form” is being provided for an Attachment, then the Solicitation includes the required form and format for submitting the Attachment.

No other form or format will be accepted, and your Offer may be deemed Not

Susceptible for Award if you submit an unofficial form.

https://spo.az.gov/suppliers/app-support/quick-reference-guides https://spo.az.gov/suppliers/app-support/quick-reference-guides https://spo.az.gov/suppliers/app-support/quick-reference-guides

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

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4.5.2. If, however, the Solicitation Documents indicate that you are allowed to attach additional documents regarding a particular question or line item, then doing so will be acceptable so long as the filled-out Attachment clearly states “See Attachment

Name Supplement (#1 of 2)”, etc., and the additional document is clearly marked as

“Attachment Name Supplement (#1 of 2),” etc.

NOTE (1): Each Form has a blank space to list your Attachment Supplements.

NOTE (2): You must upload each such “additional” document as an individual file and name the file to match the document title.

NOTE (3): Do not include non-specific marketing materials in an Offer. If something is not specifically called for, then including it will not be helpful during Evaluation, and might in fact be grounds for down-grading if it does not address your experience and capacity to carry out the work for this Solicitation

4.6. Public Record. All Offers submitted and opened are public records and must be retained by the

State for six (6) years. Offers shall be open and available to public inspection through the

State’s eProcurement system after Contract award, except for any portions of such Offers deemed to be confidential by the State. Procurement Officer shall make the names of Persons who submitted offers available in the State’s eProcurement System promptly after the opening date.

5. Responsibility, Responsiveness, and Susceptibility

5.1. Responsibility. In accordance with A.R.S. § 41-2534(G), A.A.C. R27-C312 and R2-7-C316, the

State shall consider the following in determining Offeror’s responsibility, as well as the responsiveness and acceptability of their proposals. The State will consider, but is not limited to, the following in determining an Offeror’s responsibility as well as susceptibility to Contract

Award:

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

5.1.2. Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offeror’s agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

5.1.3. Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors;

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 14 of 18

5.1.4. Legally qualified includes if the vendor or if key personnel have been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body.

5.1.5. Whether the Offeror promptly supplied all requested information concerning its responsibility;

5.1.6. Whether the Offer was sufficient to permit evaluation by the State, in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components. Necessary offer components include: attachments, documents or forms to be submitted with the offer, an indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of Work, signed Solicitation

Amendments, references to include experience verification, adequacy of financial/business/personal or other resources to include a performance bond and stability including subcontractors and any other data specifically requested in the

Solicitation;

5.1.7. Whether the Offer was in conformance with the requirements contained in the Scope of Work, Terms and Conditions, and Instructions for the Solicitation and its

Amendments, including the documents incorporated by reference;

5.1.8. Whether the Offer limits the rights of the State;

5.1.9. Whether the Offer includes or is subject to unreasonable conditions, to include conditions upon the State or necessary for successful Contract performance. The

State shall be the sole determiner as to the reasonableness of a condition;

5.1.10. Whether the Offer materially changes the contents set forth in the Solicitation, which includes the Scope of Work, Terms and Conditions, or Instructions; and,

5.1.11. Whether the Offeror provides misleading or inaccurate information.

5.2. Responsiveness and Susceptibility. Proposals shall contain sufficient information for the State to evaluate the proposal in accordance with the factors identified in the solicitation. Necessary components may include an indication of the Offeror’s intent to be bound, price proposal, Solicitation amendments, bond and reference data as required.

5.2.1. Proposal Content. The Offeror shall make a firm commitment to provide Materials and/or Services as required and proposed. The information contained in the Offer shall be: relevant to the service requirements stated in the solicitation; submitted in a

Solicitation No. BPM007086 Statewide Mobile Diagnostic Imaging Services

Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 15 of 18 sequence that reflects the scope of work section of this document; and include information relevant to the designated evaluation criteria.

5.2.2. Failure to include the requested information may have a negative impact on the evaluation of the Offeror’s proposal.

5.3. Eligibility for Evaluation and Negotiation. Procurement Officer shall hold Negotiations with all offerors reasonably susceptible for award per A.A.C. R2-7-C314(C), unless explicitly stated otherwise in the Solicitation. Upon request, Offerors may revise offers based on Negotiations, provided that any revision is confirmed in writing. No changes to the Offer shall be accepted unless provided in writing.

5.4. If Procurement Officer determines subsequently that your Revised Offer is Not Susceptible for

Award by virtue of comparison to other revised offers per A.A.C. R2-7-C311(A)(3), then he or she will not include you in any further Negotiation. For clarity of intent, the foregoing means that

Procurement Officer may reduce the number of offers that are “susceptible for award” with each successive round of Negotiation, since the purpose of Negotiation is to achieve best value for State.

6. Evaluation of Offers

6.1. 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.

6.2. 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.

6.3. 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.

6.4. Offer Acceptance Period. By submitting an Offer, you agree to hold it open for one hundred and eighty (180) days. The offer acceptance period (whichever applies) re-starts upon submission of each Revised Offer or a Best and Final Offer.

6.5. Clarifications. Upon receipt and opening of proposals submitted in response to this solicitation, the State may request clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or for eliminating minor informalities or correcting nonjudgmental mistakes in proposals. All oral clarifications shall be confirmed in writing.

6.6. Oral/Product Presentations. The State may request oral/product presentations. If requested, the Offeror shall be available for oral/product presentations with no more than ten (10)

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Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 16 of 18 business days advance notice. Participants in the oral/product presentations should include the

Offeror's key persons. Such oral/product presentations shall not otherwise afford an Offeror the opportunity to alter or change its Offer.

6.7. Interviews. State may request interviews with key personnel as part of the evaluation process.

If State chooses to conduct the interview, Offeror will be provided limited timeslots to choose from. The requested Offeror or key personnel of Offeror should be prepared to answer questions on any part of the offer. Note that nothing said during the interview should be construed as a change to the written requirements in the Solicitation materials. Upon request by Procurement Officer, Offeror shall submit a summary of their interview responses in writing after the interviews are completed.

6.8. Cost or Pricing Data. Offerors shall promptly submit any cost or pricing data that Procurement

Officer requests under A.R.S § 41-2543 per A.A.C. R2-7-702(B)(2). Procurement Officer may determine any of the following:

6.8.1. Offer is rejected for failure to submit requested pricing data within the designated time frame under A.A.C. R2-7-704;

6.8.2. Submitted cost or pricing data demonstrates that pricing is fair and reasonable under

A.A.C. R2-7-702(A); or,

6.8.3. Cost or pricing data is not defective under A.A.C. R2-7-705.

6.9. BAFOs. In accordance with A.R.S. § 41-2534, after the initial receipt of proposals, Procurement

Officer may conduct discussions with those Offerors who submit proposals determined by the

State to be reasonably susceptible of being selected for award. Procurement Officer will request a BAFO from any offerors with whom Negotiation has been conducted.

6.10. Financial Stability. You must be able to substantiate your financial stability to State’s satisfaction as a precondition of any contract award. Procurement Officer may require documentation such as current and audited financial statements, including income and balance sheets, directly from you or may obtain reports from independent financial rating services. Not providing the evidence will be grounds for Procurement Officer determining your Offer is Not

Susceptible for Award. Upon request, financial documents may be held confidential under

A.R.S. § 41-2540(B).

6.11. Consideration of Exceptions. Procurement Officer may determine that your Offer is Not

Susceptible for Award, if the Offer is conditioned on an exception to a material aspect of the

Solicitation. Even if an exception is not material, your Offer may receive lower scores during

Evaluation if the exception is found to be significant by Procurement Officer.

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Arizona Department of Administration

State Procurement Office

Solicitation Instructions | Revision No. 5 | Revised 09-24 | Page 17 of 18

6.12. Consideration of Cost. Regardless of the relative order assigned to cost in the Special

Instructions 6.1 Evaluation Criteria, cost is an essential consideration in every award State makes; State’s intent is always to obtain the best pricing available and it strives to make its evaluations be a straightforward comparison of best value between the responsible and responsive proposals as far as possible to the extent permissible under the Arizona

Procurement Code.

6.12.1. In the unusual - but possible - case that Offers receive equal scores for all other evaluation criteria, Offerors are on notice that cost may end up being the factor that determines which Offeror is awarded a contract.

6.12.2. Offerors are also on notice that, per A.R.S. § 35-154, it is against the law for the

Procurement Officer to sign a contract that obligates the State for an amount that exceeds allocated and appropriated funds for the Contract.

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

6.13.1. Waive any minor informality;

6.13.2. Reject any and all Offers or portions thereof; or

6.13.3. Cancel the Solicitation.

7. Contract Award

7.1. Most Advantageous to the State. Under A.A.C. R2-7-C317, contracts will be awarded to the responsible offeror(s) whose offer(s) is/are determined to be most advantageous to the State based on the stated evaluation factors set forth in the solicitation.

7.2. Number of Awards. The State reserves the right to make multiple awards or to award a

Contract by individual line items, by group of line items, or to make an aggregate award, or regional awards, whichever is most advantageous to the State.

7.3. Contract Formation. An Offer does not constitute a Contract nor does it confer any rights on the

Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by 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.

7.4. Effective Date. The effective date of the Contract shall be the date designated on the Offer and

Acceptance form or other official contract form as the start of the contract.

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Arizona Department of Administration

State Procurement Office

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7.5. Contract Document Consolidation. State may, at its option, consolidate the resulting contract documents after contract award. Examples of such consolidation are reorganizing Solicitation

Documents and those components of the Accepted Offer not pertaining to the contract’s operation and excluding any components of the Accepted Offer that were not awarded.

Contract document consolidation will not, however, include or be construed to include any material change to the Solicitation or the Contract.

7.6. Viewing Awarded Contracts. To view awarded Contracts:

● Go to app.az.gov

● Select: State Contracts (Blue tab)

● Search using “Keywords:” enter name of solicitation Label and click on “Search”. A listing of Contracts with the description (name of Contract Set) will appear below.

● To view a Contract, click on the pencil icon next to the Contract number.

● Contact Help Desk at 602-542-7600 for assistance.

8. 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

Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of the Solicitation shall be received by 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 Procurement Officer makes the procurement file available for public inspection. A protest shall include:

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

8.2. The signature of the interested party or its representative;

8.3. Identification of the purchasing agency and the Solicitation or Contract number;

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

8.5. The form of relief requested.