Codex Corporation 103(C) Confidential Information Determination.pdf

PDF 273 KB Posted

Attached to
RFID - Inmate Tracking and Management System
Solicitation number
BPM005593
Issued by
Arizona

About this file

This is a Procurement Determination on Confidential Information issued by the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR) regarding bidder Codex Corporation's submission for RFID - Inmate Tracking and Management System (Reference No.: BPM005593). The determination designates two documents submitted by Codex as confidential: the Excel file titled "Attachment 12 Prerequisite Assessment of Arizona Baseline Infrastructure Security Controls.xlsx" and the PDF file titled "Verification Letter Codex (1).pdf." The agency determined that four other Codex submissions are not confidential, including "ADCRR SOW and Pricing.docx," "AZ DOC Response.pdf," "ADCRR Resubmission.docx," and "ADCRR Resubmission Bafo.docx," as Codex failed to submit required statements supporting confidentiality assertions for these documents in compliance with Arizona Administrative Code R2-7-103(A).

Codex Corporation has until November 27, 2023, to request a review of this determination by the State Procurement Administrator by sending the request to SPOCompliance@azdoa.gov. The determination was made by Chief Procurement Officer Kerry Wells on November 16, 2023, under the authority of Arizona Revised Statutes 41-2540(B) and Arizona Administrative Code R2-7-103. The designation is based on Codex's assertion that portions of their response contain confidential proprietary information, though the determination found insufficient documentation to support confidentiality for the non-designated materials.

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Text version

PROCUREMENT DETERMINATION Confidential Information

REFERENCE

No.: BPM005593

Description: RFID - Inmate Tracking and Management System

AUTHORITY A.R.S. § 41-2540(B) Responsibility of bidders and offerors; A.A.C. R2-7-103 Confidential Information

DETERMINATION In accordance with A.A.C. R2-7-103(C), it is determined that:

● The following designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest:

1. The Excel file submitted by Codex Corporation (“Codex”) titled ‘Attachment 12

Prerequisite Assessment of Arizona Baseline Infrastructure Security Controls.xlsx’ (full document).

2. The PDF file submitted by Codex titled ‘Verification Letter Codex (1).pdf’ (full document).

BASIS Codex has stated that their response contains confidential information belonging to

Codex. It is deemed confidential pursuant to A.A.C. R2-7-103(A).

● The following designated information is not confidential:

1. The Word file submitted by Codex titled ‘ADCRR SOW and Pricing.docx’ (full document).

2. The PDF file submitted by Codex titled ‘AZ DOC Response.pdf’(full document).

3. The Word file submitted by Codex titled ‘ADCRR Resubmission.docx’ (full document).

4. The Word file submitted by Codex titled ‘ADCRR Resubmission Bafo.docx’ (full document).

BASIS Codex did not submit a statement supporting the assertion of confidentiality as required by A.A.C. R2-7-103(A).

All other information submitted by Codex is not confidential and will be released as public record.

NOTICE In accordance with A.A.C. R2-7-103(D), if Codex Corporation wishes to request a review of this determination by the State Procurement Administrator (“SPA”), the request must be received no later than November 27, 2023. The request shall be sent to SPOCompliance@azdoa.gov, on behalf of the

SPA. Supplier shall cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

DOCUMENTATION This determination shall be placed in the procurement file or contract file.

_______________________________ Chief Procurement Officer Procurement Officer Signature Procurement Officer Title

Kerry Wells 11/16/23 Procurement Officer Name mailto:SPOCompliance@azdoa.gov

Signature1_es_:signer:signature:

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