BPM007267_Solicitation_Instructions_to_Offerors__1_.docx

Standard Instructions to Offerors (IFB) Invitation for Bid Solicitation No. BPM007267 Starchase Locating System Arizona Department of Administration State Procurement Office 1802 W. Jackson, #100 Phoenix, AZ 85007

Table of Contents

Solicitation Instructions (IFB)

Solicitation No. BPM007267 Starchase Locating System Arizona Department of Administration State Procurement Office

Special Instructions to Offerors

Solicitation No. BPM007267 Starchase Locating System Arizona Department of Administration State Procurement Office

Solicitation Instructions (IFBs) | Revision No. 0 | Revised 08-25 | Page 1 of 2

Solicitation Instructions (IFBs) | Revision No. 0 | Revised 08-25 | Page 2 of 3 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

All questions related to this solicitation must be submitted through the State’s eProcurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab. All inquiries must be marked as Q&A and addressed to the Procurement Officer identified as the solicitation’s owner. Any other contact shall be directed to the Procurement Officer as listed in APP. Questions should reference the applicable page and paragraph number.

State cannot guarantee that questions submitted less than three (3) business days before the Bid/Offer due date and time will have sufficient time to receive a response.

Quick Reference Guides (QRGs) are available online to assist suppliers in navigating the solicitation submission process.

2.2. Timeliness

Any substitution, exception, or inquiry to the Solicitation shall be submitted as soon as possible and should be submitted at least three (3) 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.

Office. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

3. Offer Preparation

[RESERVED]

4. Submission of Offer: Required Offer Content

4.1. APP Questionnaire and Item Tab: All required information found in the Questionnaire and Item tabs must be completed before an offer can be submitted.

4.2. Submit all of the Bid/Offer content within the APP / Prepare RFx / Technical Questions and Financial Questions tabs.

4.2.1. The Bid/Offer submission shall include the following documents

Pricing shall be entered within the Excel document titled BPM007267 Pricing Document, 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.

4.2.1.1. Price List Attachment A

4.3. [RESERVED]

5. Evaluation of Offers

5.1. Evaluation Criteria

In accordance with the Arizona Procurement code A.R.S. § 41-2533, awards shall be to the lowest responsible and responsive Offeror(s) whose offer conforms in all material respects to the requirements and criteria set forth in the solicitation. This is a Brand Name solicitation and no other products will be accepted. Unless otherwise provided in the solicitation, an award may be made for an individual line item, any group of line items, or all line items

6. Award of Contract

[RESERVED]

7. Solicitation or Award Protests

[RESERVED]

Standard Instructions to Offerors (IFB)

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. “Bid” means an offer in response to an Invitation for Bid (IFB).

1.4. “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 Solicitation Amendments or Contract Amendments.

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

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

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

1.8. “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.

1.9. “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.

1.10. “Invitation for Bids” (IFB) means all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in A.R.S. § 41-2533.

1.11. “May” Indicates something that is not mandatory but permissible

1.12. “Offer” means a response to a solicitation. This term may be used interchangeably with “Bid”.

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

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

1.15. “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.

1.16. “Responsible bidder or Offeror” means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.

1.17. “Responsive bidder” means a person who submits a bid which conforms in all material respects to the Invitation for Bids (IFB).

1.18. “Shall”, and “Must” indicates a mandatory requirement.

1.19. “Should” indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the State may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

1.20. “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.

1.21. “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.

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

1.23. “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.

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.

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. 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 substitution 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.

2.8. Site Visit. The purpose of a site visit is to provide the Offeror a chance to examine the site in person. No questions related to the Solicitation will be answered during the visit. If there are any questions, they must be asked at the pre-offer conference or in the discussion form within the State’s eProcurement System.

2.9. 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.

2.10. 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:

2.10.1. Special Instructions to Offerors; and then

2.10.2. Standard Instructions to Offerors (IFB).

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.

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, 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.

3.3. Exceptions.

3.3.1. Any requests for an exception must be submitted prior to bid due date and time per Standard Terms and Conditions to Offerors (IFB) 2.4.

3.3.2. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

3.4. Insurance and Bonds

3.4.1. Workers' Compensation waivers for sole proprietors or independent contractors can be requested if the Offeror meets the waiver requirements found on the ADOA State Risk website:

https://staterisk.az.gov/insurance/click-links-below-submit-coiicasole-proprietor-waiverexception-request

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

3.6. 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.

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

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 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 Bid 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-B307, State will not consider later offers. State will give no extension or grace period for delays or incomplete bids 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 bid is not submitted correctly, completely, and in conformance to these Instructions herein, then Procurement Officer may determine it Not Responsive.

NOTE: Using the State’s eProcurement System requires a certain level of technical competency; select your staff to submit bids 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-B303(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 result in the Offeror being determined Not Responsive.

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 bid 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 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 separate from each other and follow the naming convention: Confidential - Supplement - Offeror File Name.

4.4.4. Simply indicating that the bid 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 bid 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.

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 in accordance with A.A.C. R2-7-103 (D & E).

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. Downloading and Uploading Attachments: APP will not save information entered directly on an Attachment. For all attachments found in the Questionnaire, Offerors must download, save, complete and re-attach the modified Attachments to APP.

4.5.2. 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 Responsive if you submit an unofficial form.

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 and Responsiveness. In accordance with A.R.S. § 41-2533, A.A.C. R2-7-B312 and R2-7-B313, the State shall consider the following in determining Offeror’s responsibility and responsiveness for Contract Award:

5.1. 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;

5.2. 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;

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

5.3.1. 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.

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

5.5. 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;

5.6. 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;

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

5.8. Whether the Offeror provides misleading or inaccurate information.

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.

6.5. 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:

6.5.1. Bid is rejected and deemed not responsive for failure to submit requested pricing data within the designated time frame under A.A.C. R2-7-704 and R2-7-B312(C);

6.5.2. Submitted cost or pricing data demonstrates that pricing is fair and reasonable under A.A.C. R2-7-702(A); or,

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

6.6. 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 the Offer Not Responsive and/or Responsible. Upon request, financial documents may be held confidential under A.R.S. § 41-2540(B).

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

6.7.1. Permit an Offeror to correct a mistake if the mistake and the intended Bid are evident in the uncorrected offer;

6.7.2. Waive any minor informality;

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

6.7.4. Cancel the Solicitation.

7. Contract Award

7.1. Most Advantageous to the State. Under A.A.C. R2-7-B314, contracts will be awarded to the lowest responsible and responsive Offeror(s) whose offer(s) conforms in all material respects to the requirements and criteria set forth in the solicitation. Unless otherwise provided in the solicitation, an award may be made for an individual line item, any group of line items, or all line items.

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.

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.

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