BPM007453 Solicitation Requirements.pdf

Request for Proposal under A.R.S. § 41-2534

Notice Page

Arizona Department of Administration

State Procurement Office

1802 W. Jackson, #100

Phoenix, AZ 85007

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 1 of 71

Solicitation Number: BPM007453

Description: Network and Telephony Equipment and Services

Solicitation Due Date and Time: As indicated in the Arizona Procurement Portal (APP)

Pre-Offer Conference: A Pre-Offer Conference will be conducted as indicated in the Arizona Procurement Portal (APP).

You must register in advance for the Pre-Offer Conference.

Please see link in APP to register.

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona

Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the

“State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

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.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given 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”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation

Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Table of Contents

Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 2 of 71

Click here to return to the Table of Contents

Notice Page

Table of Contents

Solicitation Summary 3

Scope of Work 5

Special Terms and Conditions 13

Addendum A to the Special Terms and Conditions 50

Uniform Terms and Conditions 10.5 55

Solicitation Summary

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 3 of 71

1. What is the State Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more mandatory statewide Contracts to provide network and telephony equipment and related services.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion, that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM007453 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Uniform Terms and Conditions

2.1.2. Attachment: BPM007453 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance Form

2.1.3.2. Confidential Information Designation Form

2.1.3.3. Conformance Statements and Exceptions Requests Form

2.1.3.4. Key Personnel Form

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 4 of 71

2.1.3.5. Proposed Subcontractors

2.1.3.6. Financial and Accounting Information

2.1.3.7. Offeror Questionnaire

2.1.3.8. Pricing Document

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

Scope of Work

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 5 of 71

Scope of Work

Scope of Work

1. Purpose and Background

The State of Arizona, its Agencies, Boards and Commissions (State), as well as Participating

Members of the State Purchasing Cooperative (Cooperative), have an ongoing requirement for various network and telephony products and related services as described herein. The purpose of this solicitation is to conduct a competitive process, in accordance with Arizona Revised

Statutes (ARS) 41-2501 et seq., to create a contract(s) from which the State and its Cooperative

Members may acquire these products and services.

The objective is to contract with a variety of network equipment, telephony equipment, and network security related equipment vendors to provide a full range of equipment, maintenance, training and services. Currently, the State of Arizona has nine (9) statewide Network Equipment and Services contracts which provide a variety of Data, Voice, and Multimedia Network-based, Network-embedded Products and Services to include all converged and traditional-separate voice, data, and video network products and services. Equipment is primarily designed, and defined by applicable industry standards, for transporting/receiving data (data, voice, and multimedia) between connection points, destinations or endpoints, rather than product-specific technology requirements, allowing for some flexibility to accommodate open-standards-based products, new technologies, and next generation networks.

2. Scope of Work

The Scope for Data, Voice, and Multimedia Network-based, Network-embedded Products and

Services under this Contract includes all converged and traditional-separate voice, data, and video network products and services primarily designed, and defined by applicable industry standards, for transporting/receiving data (data, voice, and multimedia) between connection points, destinations or endpoints.

2.1 This Scope does allow for Data, Voice, and Multimedia Network based Network-embedded Products and Services including:

2.1.1 All labor, materials, transportation, equipment and other activities for, and reasonably incidental to: installation, integration, implementation, engineering analysis, design and configuration, of the manufacturer’s product or service.

2.1.2 Software maintenance and/or hardware maintenance and support of the manufacturer’s product or service.

2.1.3 Ancillary services in conjunction with the implementation or installation of a manufacturer’s product.

2.1.4 Networking products and services, such as routers, gateways, switches, modems, CSU/DSU, access devices, concentrators, network-embedded security solutions, caching and content management devices.

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 6 of 71

2.1.4.1 Network firewalls, filtering software that is required for the network firewall to function properly, and hardware security solutions; and

2.1.4.2 Network Management Products such as management, monitoring, testing, analyzing, and traffic simulating equipment.

2.1.5 Wireless Products for applications such as:

2.1.5.1 IEEE802.11X (Wireless Local Area Network - WLAN);

2.1.5.2 IEEE 802.15 (Wireless Personal Area Network – WPAN);

2.1.5.3 IEEE 802.16 (Wireless Metropolitan Area Network – WMAN); and,

2.1.5.4 Fixed Wireless Equipment and related services, such as, access points, transfer points, controllers, and LTE/LTE Advanced.

2.1.6 Telephony to include:

2.1.6.1 Telephony products and services, such as IP Telephony systems, PBX and key systems, voice mail and unified messaging systems, teleconferencing, call management systems including Automatic Call Distribution (ACD), Interactive Voice Response (IVR), Computer Telephony Integration (CTI), call account, and associated end-user telephone devices (other than two-way radios)

2.1.6.2 Telephony management, monitoring, testing, analyzing, and traffic-simulating equipment

2.1.7 Cloud Services integration specifically used in conjunction with the hardware equipment and software purchased that is required for the hardware to function properly and utilized within the scope of this contract.

2.1.8 Managed Services specifically used in conjunction with the hardware equipment and software purchased that is required for the hardware to function properly and utilized within the scope of this contract.

2.1.9 Services used in conjunction with the design, analysis, configuration, implementation, installation, training, maintenance, and support of Data, Voice, and Multimedia Network-based, Network- embedded products and services.

2.1.10 State Agencies, boards and commissions must receive approval from ASET-EIC prior to any purchases under Items 2.1.5 and 2.1.6 of the Scope of Work.

2.1.11 Training:

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 7 of 71

2.1.11.1 Initial Training on specific equipment that has been purchased.

2.1.11.2 “As needed” Training on specific equipment that has been purchased (e.g. New Hires, etc.).

2.1.11.3 Annual Training for up to fifty (50) participants.

2.2 This Scope requires that the Contractor shall:

2.2.1 Provide a Maintenance Program. Contractor shall have a maintenance program for those Customers who choose or require these services. Maintenance programs shall be comprehensive enough to provide service to any Customer within the State of Arizona.

2.2.2 Provide complete installation documentation for all installed systems and equipment. Documentation shall include, at a minimum, system configurations, administrative credentials/passwords, IP addressing information, as-built drawings, floor plans, wiring schematics, equipment inventories, programming files, licensing information, and any other documentation necessary for the State of Arizona to maintain proper records.

2.2.3 Provide Technical Support:

2.2.3.1 On-Line Support: Provide and maintain a toll-free technical support telephone line, website, or other communication mechanism(s) for the purpose of providing competent technical assistance to Customers who contact the Contractor regarding the operation of Products supplied by the Contractor. Support shall be accessible to all customers who wish to obtain competent technical support.

2.2.3.2 On-Site Support: If requested by the Customer, the Contractor shall also provide on-site installation and troubleshooting and assistance services.

These services shall be in addition to the Maintenance Program provided under 2.2.1 above.

2.3 This Scope does not allow:

2.3.1 Stand-alone software. Under this contract, software purchased must be made in conjunction with associated hardware that is purchased for the hardware to function properly and utilized within the scope of this contract.

2.3.2 The single purchase of products and services primarily designed to store or process (compute) data, such as midrange or mainframe computer systems, or consumer electronic hardware, component parts and accessories;

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 8 of 71

2.3.3 Video and Audio-conferencing equipment and products; such as:

2.3.3.1 Audio and visual presentation and composing equipment;

2.3.3.2 Cameras;

2.3.3.3 Monitors;

2.3.3.4 VCRs; and

2.3.3.5 Consumer electronics.

2.3.4 Building Wiring Systems (BWS) and structured cabling systems;

2.3.5 Personal Computer Hardware (which includes desktops, laptops and tablets), PC Software and related Services including desktop PC-based firewall and virtual private network (VPN) client-only products and services;

2.3.6 Fixed Wireless Systems and Related Services such as point-to-point and multi-point radios, cabling antennas, towers, power, frequency coordination, licensing, designed to receive/transmit data;

2.3.7 General purpose UNIX Workstations & Servers;

2.3.8 Disaster Recovery Services;

2.3.9 Value-Added Software not specifically designed to support and secure the transport of data (as defined above);

2.3.10 Radio related Products and Services, including Public Safety communication Equipment, 2-way radios, 900MHz Digital Radio Systems, and Digital Microwave Radio Equipment;

2.3.11 Disk Data Storage Hardware, including Network Attached Storage and Storage Area Network;

2.3.12 Carrier Services, both regulated and unregulated; and,

2.3.13 General Information Technology Research & Advisory Service and IT Consultant.

2.4 Pricing

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 9 of 71

For the purpose of complying with this requirement, “list price” means: The price of an article as shown in a list issued by the manufacturer or by the general body of manufacturers of the particular class of goods (Merriam-Webster).

2.4.1 Minimum Percent Reduction (Discount) of Price off the List Price. The Contractor shall make available a complete product line at a specified percentage reduction (discount) off the list price.

Example: $100.00 List Price minus 60% = $40.00 Reduced

(Discounted) Price.

2.4.2 Minimum Maintenance Discount Percent off the List Price. The Contractor shall make available a specified percentage discount off the list price for maintenance for a product line.

2.4.3 Minimum Service Discount Percent off the List Price. The Contractor shall make available a specified percentage discount off the list price for services for a product line.

2.4.3.1 Any services shall include coverage to all geographic regions within the State of Arizona.

2.4.4 The Contractor may offer promotional or volume discounts below the specified percentage discount off the list price stated in the Contract at any time during the life of the Contract.

2.4.5 Most-Favored Customer Pricing. Throughout the life of the contract, the Contractor shall always offer the State the most-favored customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

2.4.6 Price Proposal and Level Discounts

2.4.6.1 Offerors must submit with their proposal a narrative that describes the baseline (published) pricing and the initial pricing level discount that is proposed, by type, category and Manufacturer of products and services. The response to this specification must be in the form of a percentage discount off a published or baseline price listing.

2.4.6.2 Offerors must describe the base line pricing and provide information where the baseline pricing may be accessed and verified.

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 10 of 71

2.4.6.3 Offerors shall provide additional volume-based pricing for consideration.

The Evaluation Committee will be evaluating both per transaction and cumulative volume discounts that may be achieved as well as programs that allow for deeper discounts for proposed standardized configurations.

2.4.6.4 Per Transaction Multiple Unit Discount - Offeror’s should propose a discount on each item purchased from the current Published Price List.

This discount should extend through all like items or categories and should correlate with those discounts input into the Arizona Procurement Portal (APP), where you are pricing out equipment

2.4.6.5 Cumulative Discount - Offeror’s should propose a contractual, cumulative, permanent volume discount based on dollars resulting from the cumulative purchases by all governmental purchasers. The narrative in response to this specification should include a table indicating the additional discount percentage to be earned by cumulative volume purchased. For example, Offeror’s may propose an increase in price discounts from the baseline pricing for cumulative volumes greater than “X” million dollars.

2.4.7 Equipment Category Definitions

2.4.7.1 Routing Devices - Network devices capable of: 1. Interfacing with both traditional and modern carrier services offerings; 2. Layer 3 packet inspection and decision making; and, 3. Compliant with applicable regulatory and industry.

2.4.7.2 Switching Devices based on Layer 2 forwarding (Switches) - Network devices capable of: 1. May interface with traditional and modern carrier service; offerings; 2. IT environments include: LAN/MAN/WAN Optical, Storage Networking, Ethernet, Wireless, and other environments where information must be transmitted between attached devices; 3. Physical layer (Non Disruptive) switches for patching, testing, and, monitoring purposes; 4.

Ethernet Switches with the abilities to make decisions and manipulate data at Layers 3 or higher, including: Load Balancing, Bandwidth Optimization, Health and Alert Monitoring, & Security Features; and, 5. Technologies employed include but not limited to: Ethernet, SONET, WDM, and ATM.

2.4.7.3 Wireless Ethernet - Typically layer 2 and/or Layer 3 devices capable of wireless transmission and reception of data packets: 1. Access Points capable of providing local device accessibility; 2. Point-to-point or Bridged;

3. Meshed configuration; and, 4. Licensed or unlicensed spectrum use.

2.4.7.4 Security Equipment and Solutions - May include devices operating at any layer in the OSI model. 1. Packet inspection/rule enforcement (ACL, Firewall, IDS, DDOS, etc.); 2. Real time interpretation and response (Application Firewalls, IPS, etc.); 3. Content Filtering and/or Rate Limiting; 4. RAS

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 11 of 71 solutions (VPN, SSL acceleration, etc.); and, 5. Centralized monitoring, trend analysis, health and alerting systems.

2.4.7.5 Monitoring and Management Solutions - May include hardware/appliances operating at any layer in the OSI model: 1. Solutions should accomplish the centralization and interpretation of data acquired from networked devices; 2.

Solutions should be developed around commonly accepted methodologies and should make use of the newest versions of SNMP and/or TLS; 3.

Solutions must enhance security, manageability, and accountability; 4.

Solutions interface should be an intuitive GUI, with possible built in CLI and manual configuration abilities; and, 5. Reporting and analysis tool must include canned reports for regulatory compliance with HIPAA, etc.

2.4.7.6 Other Network Centric solutions - Will include many of the required network elements not listed above. 1. DNS, NAT/PAT, DHCP, and other IP Address management solutions; 2. Mobility and session persistence solutions; 3.

Authentication.

2.4.7.7 Telephony - Telephony products and services, such as IP Telephony systems, PBX and key systems, voice mail and unified messaging systems, teleconferencing, call management systems including Automatic Call Distribution (ACD), Interactive Voice Response (IVR), Computer Telephony Integration (CTI), call accounting, and the associated end-user telephone devices.

2.4.7.8 Multi-Function Solutions - Industry movement indicates that multi-function networking appliances are becoming the way of the future. This may include technology areas that are not covered in areas 1 to 7 above. Each such product should be listed with a note including the areas that are included and a short description of any other technological advantages gained through the aggregation of these technologies. (i.e. Blade server chassis may house a built in Ethernet switch – Routers may be capable of Firewall, IDS, and other abilities – Network storage may include an Ethernet and/or a fiber channel switch – etc.).

2.4.7.9 Equipment that includes features natively integrated into network and telephony platforms, such as AI-driven networking, AIOps, and agentic AI - Any proposed AI functionality will be subject to a State review prior to implementation. This review will evaluate associated risks, security implications, operational benefits, data handling, and intended use. The assessment will be conducted in accordance with the State's AI Policy, Standards, and Procedures (PSP) in effect at the time, including any requirements established by the State and, where applicable, Homeland Security.

2.4.7.10 Maintenance Program - Contractor shall have a maintenance program for

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 12 of 71 those Customers who choose or require these services. Maintenance programs shall be comprehensive enough to provide service to any Customer within the State of Arizona.

2.4.7.11 Training - Initial Training on specific equipment that has been purchased.

2.4.7.12 Training - "As Needed" Training on specific equipment that has been purchased (e.g. New Hires).

2.4.7.13 Training - Annual Training for up to fifty (50) participants.

2.5 Online Catalog

The Contractor shall make available an online catalog:

2.5.1 Restricted to only those items that may be purchased under this Contract by being identified as core items or are within the general product categories established by this Contract.

2.5.2 Shall not include any items that are specifically excluded from this Contract.

2.5.3 The website shall include:

2.5.3.1 Product information/catalog which reflects most recent Arizona approved price catalog;

2.5.3.2 Primary contact information: Name(s), phone number(s), Email address (es); and,

2.5.3.3 Quote and ordering information.

2.5.4 Website shall be available 24 x 7, except for scheduled maintenance.

2.5.5 No costs or expenses associated with providing this information shall be charged to the Users.

2.5.6 Universal Resource Locator (URL) for the website must be supplied to the Procurement Officer within thirty (30) days of an award

Special Terms and Conditions

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 13 of 71

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial

Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then

“Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the

Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised

Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Department of Homeland Security (AZDOHS) Information Security Program:

refers to the policies, procedures, and standards established by AZDOHS to assess and mitigate risks associated with storing, processing, and transmitting State Data. The

AZDOHS Information Security Program is based on industry standards and NIST SP 800-

53 Revision 5 guidance published by the National Institute of Standards and Technology

(NIST).

For more information on AZDOHS Information Security Program, see https://azdohs.gov/information-security-policies-standards-and-procedures

For more information on NIST, see https://www.nist.gov/

1.5. Arizona Risk and Authorization Management Program (AZRAMP): is the cybersecurity framework and risk assessment program administered by the Arizona Department of https://azdohs.gov/information-security-policies-standards-and-procedures https://azdohs.gov/information-security-policies-standards-and-procedures https://www.nist.gov/

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 14 of 71

Homeland Security to evaluate Contractors and cloud service products that will transfer, process, or store State Data outside of State-managed or controlled networks.

1.6. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.7. Attachment. Any item that:

1.7.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.7.2. Was attached to an Offer when submitted; and

1.7.3. Was included in the Accepted Offer.

1.8. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

1.9. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.10. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.11. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.12. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a

“Cooperative Purchasing Agreement” with the Arizona Department of Administration State

Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative

Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in

A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section

501(c)(3) through 501(c)(6) of the tax code.

1.13. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter

5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate https://azdor.gov/transaction-privilege-tax-tpt

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 15 of 71 an unauthorized acquisition of and unauthorized access that materially compromises the security or confidentiality of unencrypted and unredacted computerized personal information maintained as part of a database of personal information regarding multiple individuals.

1.14. Eligible Agency:

1.14.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.14.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.14.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any

State of Arizona department, agency, university, commission, board, or any Co-

Op Buyer.

1.15. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.16. GovRAMP: A nonprofit organization and standardized cybersecurity verification framework

(formerly known as StateRAMP) that provides independent validation, authorization, and continuous monitoring of cloud service products to ensure compliance with public sector security standards.

1.17. Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract: A contract where the time of delivery and quantities of materials or services are not specified. Instead, the procurement professional determines specific delivery times and ordering quantities during contract performance.

1.18. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.19. Information Technology: defined in A.R.S. §18-101(6) “…all computerized and auxiliary automated information processing, telecommunications and related technology, including hardware, software, vendor support and related services, equipment and projects.”

1.20. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a

Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 16 of 71

Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.21. Project Investment Justification (PIJ): A standard set of forms and reporting formats to be prepared by a budget unit and submitted to ADOA-ASET to describe an IT project and to identify resources, technologies, benefits, costs, goals, risks, financials, and other key factors, to establish specific milestones for development and implementation of the project.

For more information, see A.R.S. § 18-121, A.R.S. § 18-104, Administrative Code R2-18-

101, and https://aset.az.gov/governance/strategic-oversight-project-investment-justification-pij

1.22. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of

Administration State Procurement Office policy document Technical Bulletin No. 020, The

State’s eProcurement System–The Official State eProcurement System. Technical Bulletin

No. 020 is available online at:

https://spo.az.gov/for-agencies/resources-and-documents/procurement-regulations

1.23. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract. With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the

Order.

1.24. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.25. Task Order(s): A document executed for a definite project under an existing ID/IQ Contract to achieve a specific scope of work with defined tasks and milestones. A task order is a purchasing tool and not a solicitation. A task order shall align with the terms and conditions of the ID/IQ Contract and be within the contract scope of work.

1.26. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of

Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether https://aset.az.gov/governance/strategic-oversight-project-investment-justification-pij https://spo.az.gov/for-agencies/resources-and-documents/procurement-regulations

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 17 of 71 they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the

Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to

Contractor as apart from Subcontractors.

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 18 of 71 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.

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the

Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror Data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the

Offer and Acceptance and continue for 24 months (24) unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 19 of 71 maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. State shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for “General

Mailing Address” in Contractor’s corresponding State’s eProcurement System

Vendor Profile; and address any required notices to Contractor to the “Contact

Name and Title” at the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To State. Contractor shall address all Contract correspondence other than formal notices to the email address indicated in “Contact Instructions” in the

State’s eProcurement System Summary for State; and address any required notices to State via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System and via mail to the following mailing address:

Arizona Department of Administration

State Procurement Office

1802 W. Jackson, #100,

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the

State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures

(or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract

(each an “Electronic Ordering System”), the parties acknowledge and agree that an

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 20 of 71

Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any

Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and

Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing Data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section

3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency or Co-Op Buyer purchasing.

Upon request by the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State’s demand, the choice of which being at State’s discretion. For the purpose of this

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 21 of 71 paragraph, “reasonable times” are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities.

3.7. Subcontract

This contract DOES allow for work to be subcontracted based upon the procurement officer’s prior approval of the subcontractor in alignment with the terms below.

3.7.1. Initial list. At the time of Contract execution, Contractor’s candidate

Subcontractors were identified in Attachment Proposed Subcontractors to the

Accepted Offer [Proposed Subcontractors]. Agreeing to them being included in the Accepted Offer signified Procurement Officer’s advance consent for

Contractor to enter into a Subcontract with each candidate, which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner.

3.7.2. Additional names. Contractor shall not enter into a Subcontract to perform Work under the Contract, without first obtaining Procurement Officer’s written consent with any prospective Subcontractor that (a) was not listed on the Attachment

Proposed Subcontractors at time of Contract execution or (b) is for any

Materials or Services categories other than the ones for which they were previously consented. For either case (a) or (b), Contractor shall submit a written request sufficiently in advance of the need date for those materials or services so that performance under the Contract is not impaired. Procurement

Officer may request any additional information he or she determines is necessary to assess the submittal, and may withhold consent pending it.

Approval of additional subcontractors shall be added to the Contract by a bilateral Contract Amendment.

3.7.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the Contract into every Subcontract by inclusion or by reference, as appropriate. When making any post-execution consent requests, Contractor shall include its warrant that it will do the same for the pending Subcontracts covered by the request. Entering into Subcontracts will not relieve Contractor of any of its obligations or duties under the Contract, including, among other things, the duty to supervise and coordinate the work of Subcontractors.

Nothing contained in any Subcontract will create or is to be construed as creating any contractual relationship between State and the Subcontractor.

3.8. Orders

3.8.1. Order Sufficiency. The Contract was awarded in accordance with the Arizona

Procurement Code; the transactions and procedures required by the Arizona

Procurement Code for competitive source selection have been met. An Order

Solicitation No. BPM007453

Network and Telephony Equipment and Services

Arizona Department of Administration

State Procurement Office

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 22 of 71 issued that cites the correct State contract number will suffice to authorize the

Contractor to provide the Materials and perform the Services covered by that

Order.

3.8.2. Order Terms. All Orders are subject to the Contract Terms and Conditions; an

Order cannot modify the Contract Terms and Conditions. Any Contractor terms added to quotes or otherwise unilaterally added to Eligible Agency or Co-Op

Buyer Orders are null and void.

3.8.3. Orders are Obligatory. Until the expiration or earlier termination of the Contract, State may issue and Contractor shall accept Orders that make proper reference to the Contract and are permissible hereunder, provided that, Contractor is not obliged to accept any Order that is not consistent with the then-current pricing, lead times, specifications, or payment provisions of the Contract. Contractor shall fulfill and complete any Orders that are begun but not yet completed as of expiration or earlier termination of the Contract unless State instructs otherwise at the time.

3.8.4. No Minimums or Commitments. (a) Contractor shall not impose any minimum dollar amount, item count, services volume, or services duration on Orders; (b)

State makes no commitment of any kind concerning the quantity or monetary value of activity actually initiated or completed during the term of the Contract;

(c) Contractor shall only deliver or perform as authorized by Orders; and (d)

State is not limited as to the number of Orders it may issue for the Contract. For clarity of intent, the foregoing applies equally whether an Eligible Agency issues the Order or, if applicable, a Co-Op Buyer issues it.

3.8.5. Non-contracted Materials or Services. Any attempt to knowingly represent for sales, marketing, or related purposes that Materials or Services not specifically awarded are…