Conformance Clarification Letter.docx

DOCX document 25 KB Posted

Attached to
Foreign Language Interpretation and Translation Services
Solicitation number
BPM005633
Issued by
Arizona

About this file

This is a Conformance Clarification Letter issued by the Arizona Department of Administration regarding two separate Request for Proposals: RFP #BPM005633 for Foreign Language Interpretation and Translation Services and RFP #BPM005406 for Statewide Rental & Laundering of Uniforms, Facility Service Products, and Linens. The letter, dated November 28, 2023, was addressed to Daniel Sabore of Languages Translation Services and Cintas Corporation regarding exceptions and modifications they requested to contract terms and conditions. The State approved several modifications including exemption from Professional Liability SAM coverage for remote work, accommodation for extended garment sizes with extended lead times, a $35.00 minimum stop charge, and revised best pricing language that allows the State written notice and remedy if pricing breaches occur. The State denied modifications to indemnification language under Risk and Liability, Addendum A provisions, and Uniform Terms and Conditions, noting these constitute material changes. However, the State did add flame-resistant clothing specifications and high-visibility garment requirements to the contract scope of work as alternatives to requested modifications.

The State requested written confirmation by 3 p.m. on Friday, September 1, 2023, regarding whether the offeror wished to retain the denied exceptions, which would render the proposal non-susceptible for award, or withdraw those exceptions to proceed with consideration. Responses were to be directed to Francine Whittington, Statewide Procurement Manager, at Francine.Whittington@azdoa.gov. The conformance clarification process outlined in Arizona Revised Statutes 41-2534 and Arizona Administrative Code R2-7-C313 was referenced as the governing authority for this clarification request.

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Text version

Katie HobbsBen Henderson
GovernorInterim Director

ARIZONA DEPARTMENT OF ADMINISTRATION

100 NORTH FIFTEENTH AVENUE SUITE 402

PHOENIX, ARIZONA 85007

(602) 542-1500

Request for Clarification Nov 28, 2023 Mr. Daniel Sabore 6543 Rolling Creek Dr.

Colorado Springs, CO 80924

Sent via Email to: dshamebo@languages-translation.info

RE: Request for Clarification RFP #BPM005633 Foreign Language Interpretation and Translation Services

Pursuant to A.R.S. 41-2534, A.A.C. R2-7-C313, Clarification of Offers, the following is being submitted to your Company as a respondent to the above solicitation. A request for clarification is to provide a greater understanding of the offer. Clarifications are not negotiations and/or material changes to the request for proposal. A request for clarification shall not be considered a determination that the offer is susceptible for award.

Conformance Document Daniel Shamebo Sabore, DBA, Languages Translation Services submitted Attachment 05_Conformance Statement with its’ proposal stating that they would like exceptions to the following sections of the contract:

1. Contract Terms and Conditions

· Section 1.3.4, Professional Liability, SAM coverage not needed due to remote work only.

· State’s Response: This modification is approved.

· Section 4.3.2 – Cintas would like the section revised as follows, “The Contractor shall provide necessary accommodations for 8X and lower, as well as petite and tall employees”.

· State’s Response: This modification is approved

· Cintas would like to add, “Garment sizes from 6X to 8X require longer lead times of potentially several weeks to fill orders”.

· State’s Response: This modification is approved, it was added to the pricing sheet.

· Cintas proposes a $35.00 minimum stop charge be added to the contract

· State’s Response: This modification is approved, it was added to the pricing sheet.

RFP #BPM005406 Statewide Rental & Laundering of Uniforms, Facility Service Products, and Linens

2. Special Terms and Conditions

· Section 4.2, Contractor’s Best Pricing – Cintas would like the section revised as follows, “Company represents that the prices established herein to be paid by State do not exceed the standard prices charged to any other similarly situated State customer of Company for goods or services which are the same or substantially similar to the goods or services purchased by State hereunder, taking into account the quantities, State’s industry, scope of the program, delivery and service methods, locations, and terms of this agreement. If Company breaches this representation, State may, as its sole remedy, provide written notice to Company providing reasonably detailed documentation supporting State’s determination that a breach has occurred, and Company shall promptly reduce the prices set forth herein from and after the date of such notice to cure the breach.”.

· State’s Response: This modification is approved.

· Section 6.0, Risk and Liability – Cintas would like to revise Sections of 6.21

· State’s Response: This modification is denied. Indemnification language is written by the State Risk Management and it cannot be revised.

3. Addendum A to the Special Terms and Conditions

· Cintas would like to revise Section 1.1 and 1.3

· State’s Response: This modification is denied. Indemnification language is written by the State Risk Management and it cannot be revised.

4. Uniform Terms and Conditions

· Cintas would like to revise Section 3.2 and Section 11.0

· State’s Response: The modification is denied, Uniform Terms and Conditions cannot be modified. The verbiage on the flame resistant clothing and fabrics was added to the contract scope

· Cintas would like to revise 7.3, Conformance to Requirements

· State’s Response: As stated above Uniform Terms and Conditions cannot be modified, but the verbiage on the flame resistant clothing and high visibility garment, was added to the contract scope of work under Section 4.3.16.

The exceptions that were denied would be considered material changes to the contract, and thus these exceptions will make the Offeror’s proposal “Non-susceptible” for award. The State would like to know if Cintas wants to keep these exceptions, thus making them non-susceptible for award, or would they like to reverse their request for these exceptions?

· Yes, keep these exceptions ☒ No, we no longer request these exceptions

Please answer the questions asked above and email them to Francine.Whittington @azdoa.gov, no later than 3 pm on Friday, September 1, 2023.

Thank you, Francine Whititington Statewide Procurement Manager image1.jpeg

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